Version 2.0
Effective Date: December 01, 2023
As part of the Daye Health Platform (“DHP”) available through Daye’s website located at www.yourdaye.com (“Daye’s Website”), in collaboration with trusted physicians and pharmacies Anne’s Daye Ltd (“Daye”) provides different gynae health care services including:
Within the Daye Health Platform customers will also have access to personalised gynae health care services provided by medical experts who may or may not be employed by Daye (“The Practitioners”), such as scheduling virtual and in-person medical consultations, receiving personalised treatment options and diagnosis, medicament suggestions and lifestyle advice.
Collectively, this constitutes Daye’s Health Platform service or just DHP for short the usage of which is governed by this document.
To use DHP, Daye customers are required to create a dedicated account on Daye’s Website (“DHP Account” or just “Account”). Before using DHP and creating a DHP Account please read these Terms of Use (“Terms”) carefully. By accessing or using DHP, you agree to be bound by these Terms of use and all other terms, conditions, policies, guidelines and disclosures incorporated herein by reference. If you do not agree to these Terms, please do not use DHP.
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DHP is a service operated by Anne’s Day Ltd, a company established in the UK under company number 11044785 ("Daye"). Daye is made up of different legal entities across the globe so when we mention Daye in this document, we may also be referring to the relevant company in the Daye Company Group which provides DHP in your geographic location. Please contact us at the contact details provided below if you want to find out the particular legal entity with whom you have a contractual relationship.
2.1. By using DHP, registering a DHP Account or clicking to accept or agree to these Terms, where this option is made available to you, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use DHP. We recommend that you print a copy of these Terms for future reference.
2.2. The Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Daye separately, if any, on other matters. In the event there is any conflict or inconsistency between these Terms and the terms and conditions of any other agreement between you and Daye, the terms and conditions of these Terms shall govern your use of DHP.
These Terms of use refer to the following additional terms, which also apply to your use of DHP:
We reserve the right to amend these Terms including any notices, policies, or guidelines incorporated herein from time to time at our sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting them. Continued use of DHP following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this document and any applicable policies to understand the most current terms and conditions that apply to your use of DHP.
5.1. In order to use the DHP, you must meet the following eligibility conditions (“The Eligibility Criteria”):
5.2. Due to limitations imposed by law in certain jurisdictions, use of DHP may not be available to residents of some geographical locations.
6.1. DHP and the services provided therein can be accessed only after you register your DHP Account. You can create your DHP Account via Daye’s Website. When you create a DHP Account, you are required to provide certain information about yourself (e.g. name, contact details and payment information). You must provide accurate and complete information. You agree to ensure the information is kept true, accurate, current and complete throughout your use of DHP by regularly updating your DHP Account.
6.2. By registering a DHP Account, you represent and warrant that you have the right to, and are authorised to, provide the information you provide to Daye and that you meet the Eligibility Criteria as set forth in the previous section of these Terms and that your actions do not and will not contradict the Acceptable Use section of these Terms.
6.3. You are responsible for maintaining confidentiality of the information stored in your DHP Account and the security credentials used for access to your DHP Account (such as your phone number or email address) .You are also responsible for taking reasonable security measures with regard to any computer or device you use to access DHP. You agree to immediately notify Daye of any unauthorised access or use of your DHP Account or security credentials and any other breach of security thereof.
7.1. Usage of Daye’s Microbiome Screening and STI Screening
7.1.1. In order to use Daye’s Microbiome Screening and/or STI Screening service, first you need to order the delivery of a Kit to your address through the DHP along with your preferred service (Microbiome Screening, STI Screening or both).
7.1.2. Once you receive your Kit at your designated address, you need to activate the Kit through your DHP Account by inputting the activation code you’ll find on the test ID card included in your Kit.
7.1.3. When activating your Kit, you’ll be prompted to go through and complete a medical questionnaire which will help Daye link your biological sample and the results of your Microbiome Screening and/or STI Screening to your health context.
7.1.4. Once you activate your Kit, you shall take your biological sample, seal it in your sterile and biohazard bags and ship it to Daye by following the shipping instructions included in your Kit and also available on Daye’s Website. Please note the Kit should be used and sent to Daye no later than 6 months after purchase.
7.1.5. IMPORTANT: You should use the Kit only if:
| Requirement | Applicable to: |
| Your last period ended at least 5 days ago. | STI Screening and Microbiome Screening |
| You haven't taken any antibiotics or antifungals in the past 30 days. | STI Screening and Microbiome Screening |
| You haven't had penetrative vaginal sex in the last 24 hours. | Microbiome Screening only |
| You haven’t used any vaginally administered meds, creams, douches, gels or similar in the past 24 hours. | Microbiome Screening only |
7.1.6. To avoid confusion and inaccuracies in the results from your Microbiome Screening or STI Screening or wrong diagnosis, you must not activate a Kit using the samples of friends, relatives or other third-parties.
7.1.7. After we receive your sample, we will ensure it is analysed in professional laboratories selected and engaged directly by Daye which are accredited in accordance with International Standard ISO/IEC 17025:2017 - General Requirements for the competence of testing and calibration laboratories. We have carefully selected these laboratories, however, we may, in our sole discretion, change the laboratories we work with from time to time. Once your sample has been analysed, we will upload your results from the Microbiome Screening or STI Screening to your DHP Account in the form of a screening report. Biological samples cannot be returned to you once submitted for testing and analysed by Daye. In your DHP Account you’ll find a timeline of all results generated about you through analysis of different Kits you’ve sent to Daye over time. Within your DHP Account you’ll also find personalised aftercare services, such as scheduling virtual and in-person appointments with specialists, personalised treatment options and lifestyle advice which may be made available to you by Daye subject to additional fees. You are free to decide if you want to follow these recommendations and you may choose not to.
7.1.8.You acknowledge that the Kit and your biological sample have a ‘shelf life’. You agree and acknowledge that the quality and accuracy of your VMS Screen or STI Screening results are directly dependent on the quality of the Kit and the biological sample taken with it. You agree to follow all instructions provided to you by Daye in your DHP Account or as part of the Kit diligently and carefully and acknowledge that failure to do so may lead to incorrect or wrong VMS Screen or STI Screening data being derived, or an inability to complete the analysis of your biological sample. The sample collection instructions, and any shipping guidelines provided with the Kits or at Daye’s Website are incorporated herein by reference as part of these Terms. You are expected to read and adhere to the terms of these instructions, policies and guidelines. When we are not able to provide you with accurate results because the biological sample provided by you is not suitable for testing, we will reach out to inform you.
7.1.9. In case of a positive pathogen marker in your STI Screening results you agree that:
7.1.10. You acknowledge that the STI Screenings offered through the DHP are from reputable laboratories and are of the standards expected for the clinical purpose but as with all tests, no test can be 100% accurate and all tests are subject to a ‘window period’. The ‘window period’ for each test is at least two weeks after sexual contact with a potentially infected partner.
7.1.9. Our acceptance of any Kit orders you make via DHP will take place only after we send a confirmation email to you. If we are unable to accept your order, we will inform you of this in writing and will not charge you or if we’ve already charged you - will refund you to the original payment method used in the charge. We reserve our right not to specify a reason why we’re unable to accept your order.
7.2. Usage of the Daye Period Pain Clinic
7.2.1. In order to use the Daye Period Pain Clinic, first you’ll be prompted to go through and complete a medical questionnaire which will help Daye tailor our advice to your health context.
7.2.2. Please note that you will get general insights from your medical questionnaire for free but you’ll need to pay a fee to access personalised pain plans and specialist support. Before you start completing the questionnaire above, please make sure you are comfortable with either a free or a paid package based on your needs.
7.2.3. As part of Daye’s Period Pain Clinic, you’ll receive a personalised routine that includes traditional and holistic options for pain relief, resources for symptom management and lifestyle interventions to naturally reduce inflammation. Please note that the personalised report you will receive from Daye’s Period Pain Clinic will not contain any diagnosis but will only help you work out if your symptoms may match those of known gynaecological conditions. From there, you can either download your report from the Daye Period Pain Clinic to discuss with your doctor, or connect with vetted physicians through DHP such as sexual health nurses, period and pelvic pain specialists, fertility specialists, physiotherapists, nutritionists and lifestyle coaches to fast-track your journey towards diagnosis.
7.2.4. You acknowledge and agree that any relationship with third-party sexual health nurses, period and pelvic pain specialists, fertility specialists, physiotherapists, nutritionists and lifestyle coaches who are not employed by Daye and who you’ve connected with through DHP will be separate from your relationship with Daye and will be subject to a separate legal agreement. Daye does not bear any liability for the services provided by such Practitioners.
7.2.5. The Daye Period Pain Clinic has been developed with the help of NHS GPs, pelvic pain specialists, and leading experts in gynaecology. Our questionnaire and symptom assessment algorithm are based on the guidelines outlined by the Royal College of Obstetricians and Gynaecologists (RCOG), the American College of Obstetricians and Gynaecologists (ACOG), National Institute for Care Excellence (NICE), and the European Society of Human Reproduction and Embryology (ESHRE) and constitute Intellectual Property of Daye. You agree that you will not undertake any actions to copy, reverse-engineer or export the algorithm behind The Daye Period Pain Clinic and that you will use the The Daye Period Pain Clinic only for your own personal use.
7.3. Usage of the Daye Virtual Pharmacy
7.3.1. Usage of the Daye Virtual Pharmacy shall be subject to these terms and the Daye Medication Terms of Sale.
7.3.2. Our acceptance of any Medicine orders you make via DHP will take place only after we send a confirmation email to you. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the ordered Medicine or if we’ve already charged you - will refund you to the original payment method used in the charge. However, we will always charge you a prescription fee when a prescriber has assessed your case and has concluded none of the requested Medicine is suitable for you. We reserve our right not to specify a reason why we’re unable to accept your order.
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8.1. When you purchase Kits, Medicine, Daye Period Pain Clinic packages or any other products or services available as part of DHP, you authorise Daye to charge your credit card or other payment method you have provided to Daye (“Payment Method”), for all the products and services purchased from Daye. When you purchase a subscription service with automatic renewal offered by Daye you authorise Daye to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription.
8.2. We reserve the right to accept or reject DHP orders and purchases for any reason. Prices and availability of DHP products and services are subject to change without prior notice to customers.
8.3. If for any reason, Daye does not receive payment from your Payment Method, you agree that Daye may suspend your subscription and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription will be re-activated and DHP services and products requested will be provided.
8.4. You agree that our subscription fees are subject to change, however, we agree that we will notify you in advance before any changes to subscription fees. If you don’t terminate your subscription after being notified, we will assume you consent to an automatic renewal.
8.5. Daye reserves the right to refuse providing DHP products and services to any customer, potential customer or groups of customers in Daye’s sole discretion and shall not be required to provide a basis or reason for such a decision.
8.6. Your subscription will automatically renew until you cancel it or until it is terminated by Daye. If you want to cancel or pause your subscription, you can do so through your DHP Account.
8.7. No refunds will be made by Daye for inaccurate results from Microbiome Screening or STI Screenings due to the customer not following Daye’s instructions and/or the requirements for use of those DHP products specified herein.
9.1. You acknowledge and agree that Daye may make changes to, suspend or withdraw DHP and any products or services provided through DHP with or without notice to you.
9.2. Daye may update and change DHP from time to time to reflect changes to our portfolio of services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes. We will also, from time to time, offer optional new or additional services, products or features of DHP that may be available in exchange of an additional fee. You acknowledge and agree that Daye reserves its right to not make such new services, products or features freely available but to charge additional fees in order to provide them to you. Such products, services or features will be optional and purchasable at your choice and you will not be charged unless you specifically purchase them.
As a condition for using DHP, you represent and agree you shall not engage in any of the following:
11.1. We at Daye want to push the envelope when it comes to gynae health. This is why we intend to use anonymised data generated from usage of DHP to support research and development projects or clinical research that can change what is possible for gynae health.
11.2. In particular, Daye intends to store results from Microbiome Screening, STI Screening and the Daye Period Pain Clinic including biological samples for at least ten (10) years after analysing your Kit. We will make sure that any data and biological samples we use for research purposes are completely de-identified and untraceable to you as a DHP customer. This means that when data and biological samples are used for research, it won’t be possible to link that data or samples back to you.
11.3. Anonymised data from the use of DHP will be made available to scientists, clinical researchers, research and development companies, and other third-parties who meet the following criteria:
11.4 It is important to understand that by using DHP, you take part in Daye’s efforts to improve the understanding and treatment of gynae health. By accepting these Terms, you are acknowledging that you have reviewed this section, understand the information contained herein and that you consent to it.
11.5 You agree that your consent does not entail any compensation (current or future) in any way or form (cash, equity, or other) and that you acquire no ownership or licensing rights in any research, studies, or commercial products that may be developed by Daye or its partners from anonymised DHP data or sample data. You hereby transfer and assign to Daye and its assigns and successors all right, title, and interest in and to the biological samples, Screening data, information you’ve provided while answering questionnaires, and other data derived therefrom. If laws in certain jurisdictions limit such transfer and assignment, you agree to grant Daye an exclusive, worldwide, irrevocable, royalty-free, sublicensable, and perpetual licence to use the aforesaid data.
In case of violation of any one or more of the provisions, representations, conditions, policies or other text of these Terms or if Daye has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Daye has the right to suspend or terminate your DHP Account with or without notice, refuse any and all current or future access to and use of DHP, and seek injunctive relief, monetary damages, and other remedies available in law and equity. In addition, Daye is entitled to and you agree to defend and indemnify Daye and its affiliates against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Daye may incur) arising out of or resulting in your breach, violation or actions as specified above.
You acknowledge and agree that:
By using DHP, you consent to receive marketing communication from Daye, including emails, text messages, phone calls, in-app and push notifications. We may use your information to send you news or product updates and to promote DHP. You may “opt out” of receiving marketing or promotional communication from Daye at any time through the marketing options in your DHP Account or by clicking the “unsubscribe” links within the marketing communications we send. As long as you maintain a DHP Account, you will receive non-promotional emails containing information that you need to receive as a customer of DHP (e.g. order confirmation emails, 2-factor authentication prompts, etc.).
15.1. These Terms will continue to be effective until terminated by either you or Daye as set out in this section.
15.2. You may terminate your legal agreement with Daye, by closing your DHP Account. Upon closure of your DHP Account, Daye will send you an email confirming such closure, at which stage your legal agreement with Daye shall be deemed terminated.
15.3. Daye may at any time, terminate its agreement with you and your DHP Account if:
15.4. You acknowledge and agree that Daye shall not be liable to you or any third party for its termination of this agreement, your DHP Account, or access to DHP.
15.5. Any obligations and duties that by their nature extend beyond the expiration or termination of this agreement, including any obligations or liabilities you have had vis-a-vis Daye prior to the cancellation or termination of this agreement, shall survive the expiration or termination of the agreement.
16.1. For physical orders (save for orders of Medicine), you have the right to cancel orders you’ve placed on DHP until we've sent you a packing confirmation email (usually in about 12-24 hours from your purchase). In those scenarios you shall have a right to a full refund for your purchase in the amount of the actual purchase price paid to Daye including any shipping and handling cost plus tax, if any.
16.2. For physical orders (save for orders of Medicine), if a cancellation is made after we’ve sent you a packing confirmation email and within fourteen (14) days of purchase of a DHP product or service, and given the physical products are not opened, consumed or used, Daye will offer a refund in the amount of your order except for purchases of Kits where a deduction of 20% of the price paid will be made. The shipping and handling cost plus tax (if any and where applicable) are non-refundable. Shipping of the products back to Daye will be at your own cost and expense.
16.3. To exercise your right to cancel a purchase and request a refund, please use your DHP Account or send a request to hello@yourdaye.com.
16.4. Refund requests received within fourteen (14) days of the purchase date will be issued within forty-five (45) days of the date of request provided Daye has received all returned products by that time in a satisfactory condition.
16.5. No refunds will be available on requests received after the expiration of fourteen (14) days of the date of purchase. Further, no refunds will be given after the Kit has been sent to Daye for processing and analysis. Also, no refund will be available if Daye determines, in its sole discretion, that you have violated any of these Terms.
16.6. Please note that for orders of prescribed Medication and for digital services such as the Daye Period Clinic, you will have no legal right to request refunds or cancelation of your order.
17.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2. You may not assign this agreement without the written consent of Daye and any attempt to do so shall be void.
DHP is directed to people residing in the United Kingdom. We do not represent that content, products or services available on or through DHP are appropriate for use or available in other locations.
19.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
19.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
19.3. If you know or suspect that anyone other than you knows your user identification code or security credential used to access your DHP Account, you must promptly notify us at hello@yourdaye.com.
20.1. We are the owner or the licensee of all intellectual property rights in DHP, and in the material, images, algorithms and other works published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
20.2. Without any prejudice to the rights you have with regard to your personal data stored on DHP, you may print off one copy, and may download extracts, of any page(s) from our site solely for your personal use.
20.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
20.4. Our status (and that of any identified contributors) as the authors of content on DHP must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on DHP for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of DHP in breach of these terms of use, your right to use DHP will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Where DHP contains links to other sites, services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
We will only use your personal information as set out in the DHP Privacy Notice..
If you are a consumer in England, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.