Terms of Service
Effective date: May 1, 2026Please read these Terms of Service ("Terms") carefully before using the Caffeinly mobile application (the "App") operated by Caffeinly ("we", "us", or "our").
By creating an account or using the App, you agree to be bound by these Terms, including the mandatory arbitration and class action waiver in Section 11. If you do not agree, do not use the App.
1. Use of the App
Caffeinly is a personal wellness tool designed to help you optimise the timing of caffeine consumption based on your individual profile and sleep schedule. The App provides general wellness guidance only and is not intended to provide medical, clinical, or diagnostic advice of any kind.
You may use the App for personal, non-commercial purposes only. You agree not to:
- Use the App in any way that violates applicable laws or regulations.
- Attempt to gain unauthorised access to any part of the App or its infrastructure.
- Reverse engineer, decompile, or disassemble the App.
- Use the App to harm, harass, or deceive others.
2. Accounts
To use Caffeinly, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must be at least 13 years of age to create an account. You must notify us immediately if you suspect unauthorised use of your account.
3. Health, Medical, and Regulatory Disclaimer
IMPORTANT — PLEASE READ CAREFULLY
Caffeinly is a general wellness application. It is not a medical device, medical application, healthcare service, or clinical tool. The App has not been cleared or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority.
The wellness estimates provided by the App are based on generalised scientific models and your self-reported profile. They are approximations only and may not accurately reflect your individual physiology, health status, or response to caffeine.
The information provided by the App is for general wellness and informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.
You must consult a qualified healthcare professional before using the App if you:
- Are pregnant or breastfeeding.
- Have a heart condition, arrhythmia, hypertension, or cardiovascular disease.
- Have an anxiety disorder, panic disorder, or other mental health condition.
- Have a sleep disorder, including insomnia or sleep apnoea.
- Are taking prescription or over-the-counter medications that may interact with caffeine.
- Have been advised by a healthcare provider to limit or avoid caffeine.
By using the App, you acknowledge and accept that Caffeinly is not responsible or liable for any health outcomes, injuries, or adverse effects resulting from your use of or reliance on the App's output.
4. Intellectual Property
All content, features, and functionality of the App are owned by Caffeinly and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any part of the App without our prior written consent.
5. User Data
By using the App, you grant Caffeinly a limited, non-exclusive licence to store and process your data for the purpose of providing the App's services. Our collection and use of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of the data you enter into the App.
6. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFFEINLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS (USD $100).
Nothing in these Terms shall limit our liability for death or personal injury caused by our gross negligence, fraud, or any liability that cannot be excluded by applicable law.
8. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Caffeinly from third-party claims arising directly out of your wilful violation of these Terms or your fraud or intentional misconduct. This does not apply to claims arising from ordinary use of the App or our negligence.
9. Termination
We reserve the right to suspend or terminate your access to the App at any time. You may terminate your account by contacting us at legal@caffeinly.com. Upon termination, Sections 4, 6, 7, 8, 11, and 12 shall survive.
10. Governing Law
These Terms shall be governed by the laws of the State of Washington, United States, without regard to its conflict of law provisions, except as modified by Section 11.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate. You and Caffeinly agree to resolve any disputes through binding individual arbitration, except for small claims court matters or requests for injunctive relief for intellectual property matters.
Arbitration Procedure. Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules (jamsadr.com), in King County, Washington, or remotely if agreed.
Class Action Waiver. YOU AND CAFFEINLY EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS PROCEEDING.
Opt-Out Right. You may opt out by emailing legal@caffeinly.com within 30 days of first using the App, including your name, email, and a clear opt-out statement.
Waiver of Jury Trial. Both parties waive any right to a jury trial for disputes proceeding in court.
12. Changes to These Terms
For material changes we will provide at least 30 days' advance notice by email and in-app notification, and will require your affirmative in-app acceptance before you can continue using the App.
13. Additional Provisions
Severability. If any provision is found unenforceable, the remaining provisions continue in full force. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Caffeinly. No Waiver. Our failure to enforce any right will not constitute a waiver. Assignment. You may not assign your rights without our prior written consent.
14. Contact Us
Email: legal@caffeinly.com