Terms of Service for DanielKingMedia

Last Updated: July 10, 2025

Welcome to DanielKingMedia, a website and mobile application (collectively, the “Service”) operated by DanielKingMedia, Inc. (“DanielKingMedia,” “we,” “us,” or “our”). By accessing or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including visitors, registered users, and subscribers.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you are at least 18 years old or have parental consent if under 18, and you have the legal capacity to enter into these Terms. You agree to comply with these Terms, our Privacy Policy, and all applicable laws and regulations. We may update these Terms periodically, and continued use of the Service after changes constitutes acceptance of the updated Terms. We will notify you of material changes via email, in-app notifications, or by posting on our website (www.danielkingmedia.com).

2. Description of Service

DanielKingMedia is a diet and fitness tracking platform designed to help users achieve their health goals. The Service allows you to:

• Log dietary intake, exercise activities, and health metrics (e.g., weight, calories, heart rate, steps).
• Sync data with third-party services, including Google Fit and Apple Health.
• Receive personalized diet and fitness recommendations based on user data and proprietary algorithms.
• Engage in community features, such as forums, challenges, and goal-sharing with other users.
• Access premium features, including advanced analytics, custom meal plans, and expert consultations, through paid subscriptions.

The Service is accessible via our website and mobile apps on iOS and Android platforms. Features may vary depending on your device, platform, or subscription tier. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, subject to applicable law, with or without notice.

3. User Accounts

To access certain features, you must create an account using a valid email address and password or authenticate via Google or Apple accounts. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities conducted under your account, whether authorized or unauthorized.
• Providing accurate, current, and complete information during registration.

You must notify us immediately of any unauthorized account use at [email protected]. We may suspend or terminate your account if we suspect fraudulent, abusive, or illegal activity. You may delete your account at any time through the app settings, subject to our data retention policies outlined in the Privacy Policy.

4. User Conduct

You agree to use the Service in a lawful, ethical, and respectful manner. Prohibited activities include, but are not limited to:

• Using the Service for illegal purposes or in violation of local, state, national, or international laws.
• Posting or sharing content that is defamatory, obscene, harassing, discriminatory, or infringes on others’ rights.
• Attempting to hack, reverse-engineer, or disrupt the Service, including its servers or networks.
• Impersonating another person or entity or providing false information.
• Using automated scripts, bots, or other tools to scrape or extract data from the Service without express written permission.
• Engaging in spamming, phishing, or other abusive behaviors.

We reserve the right to remove content, suspend or terminate accounts, or pursue legal action for violations of these Terms, at our sole discretion.

5. Subscriptions and Payments

Certain features of the Service require a paid subscription (“Premium Plan”). By subscribing, you agree to:

• Pay the fees displayed at checkout, including applicable taxes, via your chosen payment method (e.g., credit card, Apple Pay, Google Pay).
• Authorize recurring payments (monthly, quarterly, or annually) until cancellation.
• Update your payment information promptly to avoid service interruptions.

Subscriptions auto-renew until canceled through your account settings, Apple App Store, or Google Play Store. Refunds are subject to our refund policy, available on our website. We may adjust subscription fees with prior notice, and continued use after such changes constitutes acceptance of the new fees. For pricing details, visit www.danielkingmedia.com/pricing.

6. Third-Party Integrations

DanielKingMedia integrates with third-party services, including Google Fit, Apple Health, and other fitness platforms, to sync health and fitness data. You are responsible for:

• Granting necessary permissions for data syncing, as prompted by the Service or third-party platforms.
• Complying with the terms of service and privacy policies of third-party platforms.
• Understanding that third-party services are not controlled by DanielKingMedia and may experience interruptions or changes beyond our control.

We are not liable for the accuracy, availability, or privacy practices of third-party services. Data shared with third parties is subject to their respective policies.

7. Intellectual Property

All content, trademarks, logos, designs, software, and other materials on the Service (excluding User Content, as defined below) are owned by or licensed to DanielKingMedia and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, reproduce, or create derivative works from any part of the Service without our prior written consent, except as permitted by law (e.g., fair use).

You retain ownership of content you submit, post, or share through the Service (“User Content”), such as forum posts, diet logs, or profile information. By submitting User Content, you grant DanielKingMedia a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and modify your User Content in connection with operating and promoting the Service. You represent that you have the necessary rights to grant this license.

8. User Content Guidelines

You are solely responsible for your User Content. User Content must not:

• Violate any laws or third-party rights, including intellectual property or privacy rights.
• Contain viruses, malware, or other harmful code.
• Be false, misleading, or intended to deceive others.
• Promote illegal activities, violence, or discrimination.

We may, but are not obligated to, monitor, moderate, or remove User Content at our discretion. We are not liable for any User Content or its consequences.

9. Health and Medical Disclaimer

DanielKingMedia is a tool for tracking diet and fitness, not a medical service. The Service does not provide medical advice, diagnosis, or treatment. All recommendations, meal plans, and fitness suggestions are for informational purposes only and should not replace professional medical advice. Consult a qualified healthcare provider before making dietary or fitness changes, especially if you have medical conditions or are pregnant. You use the Service at your own risk, and we are not liable for any health-related outcomes.

10. Privacy

Your privacy is important to us. Our Privacy Policy (below) details how we collect, use, store, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for reasons including but not limited to:

• Violation of these Terms or the Privacy Policy.
• Suspected fraudulent or illegal activity.
• Prolonged inactivity (e.g., 12 months without login).
• Requests by law enforcement or government agencies.

You may terminate your account at any time through the app settings. Upon termination, your access to the Service will cease, but certain obligations (e.g., payment of outstanding fees, data retention per the Privacy Policy) may persist.

12. Limitation of Liability

To the fullest extent permitted by law, DanielKingMedia, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the Service. Our total liability for any claim shall not exceed the amount you paid us (if any) in the 12 months preceding the claim.

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

13. Indemnification

You agree to indemnify, defend, and hold harmless DanielKingMedia, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service.
• Your violation of these Terms or applicable laws.
• Your User Content or its impact on others.
• Your violation of any third-party rights, including intellectual property or privacy rights.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association (AAA). You waive the right to participate in class actions or class-wide arbitration. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or prevent irreparable harm.

15. International Use

The Service is operated from the United States but accessible globally. If you access the Service from outside the United States, you are responsible for complying with local laws. We make no representation that the Service is appropriate or available in all jurisdictions. Data transfers to the United States are subject to our Privacy Policy and applicable data protection laws (e.g., GDPR for EU users).

16. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, labor disputes, or government actions.

17. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and DanielKingMedia regarding the Service, superseding any prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms at our discretion, such as in the event of a merger or acquisition.
• Notices: We may provide notices via email, in-app notifications, or postings on our website. You may contact us at [email protected].

18. Contact Us

For questions about these Terms, contact:
DanielKingMedia, Inc.
123 Wellness Way, Suite 100
San Francisco, CA 94105, USA
Email: [email protected]
Phone: +1 (800) 555-1234

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.