Please read these Terms of Use carefully before accessing or using the Service.
Interpretation
Words beginning with a capital letter have the meanings assigned to them in the definitions below, and those meanings shall apply whether the words are used in the singular or plural.
Definitions
For the purposes of these Terms and Conditions, the following words and expressions shall have the meanings set out below:
- Application means the New Dawn software application for Android that You download and install on Your Device.
- Application Store means the Google Play Store, through which the Application is made available for download.
- Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
- Country means Telangana, India.
- Company means Sai Vishnu Vikas Reddy Devireddi, located in Hyderabad, Telangana, India, and may be referred to in these Terms as "the Company", "We", "Us" or "Our".
- Device means any equipment capable of accessing or using the Service, including a mobile phone or tablet.
- Service means the Application together with the New Dawn website.
- Terms and Conditions, also referred to as "Terms", means these Terms of Use, which constitute the entire agreement between You and the Company concerning Your use of the Service.
- Third-party Social Media Service means a service operated by a third party that may be used in connection with the Service, including Google Sign-In.
- You means the individual who accesses or uses the Service.
Acknowledgment
These Terms establish the conditions governing Your access to and use of the Service and form a binding agreement between You and the Company. By accessing or using the Service, You acknowledge that You have read, understood and agreed to be bound by these Terms; if You do not accept them, You must refrain from using the Service. You must be at least 13 years old to use the Service, and if You are between 13 and 17 years of age, You must obtain the consent of a parent or legal guardian before doing so. An account is necessary to use the Service and may be created through an email sign-in code or Google Sign-In. You agree to provide accurate and current information, to maintain the security of Your account and to accept responsibility for activities conducted through it. You may delete Your account at any time through the Application. Your use of the Service is also subject to the Company's Privacy Policy.
License And Subscription Clarification
Subject to Your compliance with these Terms, the Company grants You a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on Your own Device. All rights in the New Dawn name, logo, design, illustrations, source code and other components of the Application remain the property of the Company. The free plan provides access to up to 3 blocks, 7 workouts, the focus timer and every intervention. The Premium plan is available as a monthly or yearly subscription purchased through the Application Store and provides unlimited blocks, Hardcore mode, in-app blocking, all 27 workouts, longer-term insights and a weekly report. Certain subscriptions may include a 7-day free trial, after which the applicable subscription fee will be charged unless You cancel through Google Play before the trial expires. Paid subscriptions renew automatically for successive subscription periods unless cancelled through Google Play. Removing the Application from Your Device or deleting Your account does not cancel a subscription. Applicable prices and charges will be presented before You complete a purchase. Changes to subscription prices will be communicated in advance, and refund requests are subject to Google Play's refund policies and applicable law. The Company reserves the right to modify the features or availability of either plan, subject to applicable legal requirements.
Links To Other Websites
The Service may contain links to websites operated by third parties and may depend on external services, including Google Play, Google Sign-In, Google Analytics for Firebase, Health Connect, Cloudflare and Supabase. These third-party websites and services are outside the Company's control and may be governed by separate terms, conditions and privacy policies. The Company does not accept responsibility for their content, availability, practices or operation, and Your use of them is at Your own discretion and subject to their applicable terms.
Termination
The Company may suspend or terminate Your access to the Service if You violate these Terms, including by attempting to reverse engineer the Application, circumvent Premium restrictions, interfere with the Service's servers or seek unauthorised access to them, use New Dawn to monitor or restrict another person without that person's knowledge, or engage in conduct prohibited by applicable law. Upon termination, Your permission to access and use the Service will cease. You may discontinue using the Service and delete Your account at any time.
Limitation Of Liability
To the fullest extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special or consequential losses arising from or relating to Your use of, or inability to use, the Service. Such losses include missed messages, calls or content while blocks configured by You are active, failures of blocking functionality, and inaccurate counts, measurements or estimates. To the extent liability may lawfully be limited, the Company's aggregate liability arising from or connected with the Service shall not exceed the amount You paid for the Service during the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes or restricts liability that cannot be excluded or limited under applicable law.
"AS IS" And "AS AVAILABLE" Disclaimer
To the maximum extent permitted by applicable law, the Service is supplied on an "as is" and "as available" basis, without warranties or guarantees of any kind, whether express, implied or statutory. Blocking functionality depends on Android permissions, settings imposed by the manufacturer of Your Device and the browser You use; websites can be blocked only in supported browsers, and successful blocking cannot be assured on every occasion. New Dawn is not intended to function as a security system or parental-control system. When Hardcore mode is enabled, a block cannot be paused or deleted before its scheduled end. The Block uninstall feature uses Android's device administrator permission to prevent the Application from being uninstalled while a block is active. One emergency pass per week allows every block to be stood down for 12 hours. You are responsible for ensuring that You do not block any application, website or function that may be necessary for Your safety, health, employment or an emergency, and for maintaining an alternative means of contacting emergency services. New Dawn is not a medical device and does not provide medical advice. You should exercise within Your personal capabilities and discontinue any workout or activity if You experience pain, dizziness or discomfort.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Country, without prejudice to any mandatory legal protections that apply to You. The courts located in Hyderabad, Telangana, shall have jurisdiction over disputes arising from these Terms, subject to any jurisdictional rights that cannot lawfully be excluded. The Company undertakes to comply with the laws applicable in each country in which New Dawn is made available.
Disputes Resolution
If You have a complaint, concern or dispute relating to the Service or these Terms, You agree to make a reasonable attempt to resolve the matter informally by contacting the Company before pursuing other available remedies, except where applicable law provides otherwise.
For European Union (EU) Users
If You are a consumer residing in the European Union, nothing in these Terms shall deprive You of mandatory consumer protections granted by the laws of the country in which You reside.
United States Legal Compliance
You represent and warrant that You are not located in a country subject to an embargo imposed by the United States government or designated by the United States government as a country supporting terrorism, and that You are not identified on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be modified and interpreted to the extent necessary to achieve its intended purpose as far as applicable law permits. The remaining provisions shall continue in full force and effect.
Waiver
A failure or delay by the Company in exercising any right under these Terms, or in requiring You to fulfil any obligation, shall not constitute a waiver of that right or obligation. Any waiver shall not prevent the subsequent exercise or enforcement of the relevant right or any other provision of these Terms.
Changes To These Terms And Conditions
The Company may revise these Terms from time to time. Where a change is material, notice will be provided through the Application or the New Dawn website before the revised Terms take effect. Your continued use of the Service after the effective date of a revision constitutes acceptance of the updated Terms. If You do not agree to the revised Terms, You must discontinue use of the Service.
Contact Us
If You have any questions concerning these Terms of Use, You may contact the Company at support@newdawnapp.dev.