Last updated: 28 September 2026
These Terms of Use (the "Terms") form an agreement between you and Übelacker Solutions GmbH, Bläsiring 28, 4057 Basel, Switzerland ("we", "us", "our"), regarding the Daitoo application for iOS and Android together with the server services it uses (together, the "App").
By installing or using the App, you agree to these Terms. If you do not agree, do not install or use the App.
You may use the App only if you are at least 16 years old and able to enter into a binding contract. If you are under 16, you may not use the App.
You may use the App for personal purposes or for the internal purposes of a business. If you use the App on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and the provisions of these Terms that apply specifically to consumers do not apply to you.
You may not use the App if applicable law prohibits you from doing so, or if we have previously terminated your access.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and non-sublicensable licence to install and use the App on devices you own or control, in accordance with the usage rules of the app store from which you obtained it. For the Apple App Store, this includes use on Apple-branded products that you own or control and any use permitted by the Family Sharing or volume purchasing rules.
All rights not expressly granted to you are reserved by us. This licence ends as set out in Section 15.
The App is free to use for creating and keeping lists. Certain features ("Daitoo Pro") require a paid subscription — see Section 4.
The App, including its software, source code, design, user interface, texts, graphics, the name "Daitoo" and our logos, is owned by us or our licensors and is protected by copyright, trade mark and other laws. Nothing in these Terms transfers any of those rights to you.
The App contains third-party and open-source components that are licensed under their own terms. Where those terms conflict with these Terms, they prevail for the component concerned. A list of these components is available on request from support@daitoo.app.
4.1 Free and paid features. Downloading the App and using it to keep lists is free. Three features require a "Daitoo Pro" subscription: adjusting list settings (layout, progress indicators, sorting preferences, item reset/deletion windows), reading items from photographs, and keeping more than five lists. Every installation may read one photograph without a subscription. Sharing lists is free for everyone involved.
4.2 Your contract for the purchase is with the app store. Daitoo Pro is sold, billed and delivered through your Apple App Store or Google Play account. The purchase contract for the subscription is concluded between you and the relevant store operator, not with us. The store's terms apply in addition to these Terms. We cannot process payments, refunds or cancellations ourselves.
4.3 Automatic renewal. The subscription renews automatically for the period you selected unless you cancel it at least 24 hours before the end of the current period, or within any other period the store requires, through your store's subscription settings.
4.4 Free trials. A free trial converts automatically into a paid subscription unless you cancel before the trial ends.
4.5 Prices and price changes. The store handles payment processing and shows the price in the App and in the store before you purchase. Price changes take effect only from the next subscription period and are announced in advance.
4.6 Refunds and cancellation rights. Refunds are governed by the refund policy of the store you purchased through, and are handled by the store. Any statutory right of withdrawal or cancellation you may have as a consumer is exercised through the store, in accordance with its terms.
4.7 No one-time purchase. Daitoo Pro is currently available only as a subscription. There is no lifetime or one-time purchase option.
4.8 What happens when a subscription ends. Your written content stays intact and accessible. Lists, items and notes remain, shared lists keep syncing, and settings you already configured keep working. Ending the subscription only removes the ability to change those settings, to read items from photographs, and to create additional lists beyond the first five.
4.9 Changes to the Daitoo Pro feature set. We may change which features are included in Daitoo Pro. We will announce material changes in advance. If a change materially reduces the features you are paying for, you may cancel your subscription through your store.
You must not:
6.1 Your content stays yours. Everything you write — lists, items and notes ("your content") — belongs to you. We claim no ownership of it.
6.2 The permission you give us. So that we can actually run the features you use, you grant us a worldwide, non-exclusive, royalty-free, terminable licence to host, store, copy, cache, back up and transmit your content, to make it available to the other members of a list you have shared, and to pass it to the service providers named in our Privacy Policy — including our hosting provider and the AI providers that select emoji, sort lists and read items from photographs.
This permission is limited to what is needed to operate the features you use, and it lasts only as long as you use them. We do not use your content to train machine-learning models, and we do not use it for advertising or sell it.
6.3 Shared lists. You decide whom you invite. Everyone holding a valid invitation can see everything on that list, including items added later. Do not put anything on a shared list that you would not want every member to see. You are responsible for the content you place on shared lists, including any personal data of other people — you must have a legal basis for sharing it.
6.4 Photographs. Only upload photographs you are entitled to upload. Do not upload photographs containing other people's sensitive personal data, identity documents, payment details, or third-party material you have no right to use.
6.5 Backups are your responsibility. You must keep your own backups of anything important. The App is not a backup service and is not designed as one.
6.6 Reporting content. If you believe content on a shared list is unlawful or infringes your rights, report it to support@daitoo.app with enough detail for us to find and assess it. We may remove content or restrict access in accordance with Section 15.
AI models automatically select emoji for your entries, sort lists when you ask them to, and read items from photographs. To do this, the relevant content is transmitted to third-party AI providers as described in our Privacy Policy.
These outputs are automated suggestions and may be wrong, incomplete or inappropriate. We give no warranty as to their accuracy, completeness or suitability. Items read from photographs in particular should be checked before you rely on them.
You must not rely on the App's automated output for any decision with legal, financial, medical, safety-related or other significant consequences.
If you send us ideas, suggestions, feature requests or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify and implement it without restriction and without any obligation to compensate or credit you. Please do not send us anything you consider confidential.
We may modify, suspend or discontinue the App or any of its features at any time.
Server-dependent features — emoji selection, list sorting, reading items from photographs and shared-list syncing — depend on our servers being reachable and may be temporarily or permanently unavailable. The rest of the App is designed to keep working offline.
We may apply reasonable technical limits, for example on request rates, list sizes and photograph sizes, to keep the service available for everyone.
We may delete shared-list data held on our servers after 12 months without any activity on that list. Where reasonably possible, we will notify the list's members in the App beforehand. Data stored on your own device or in your own iCloud account is not affected by this.
We may amend these Terms where there is a valid reason to do so — for example changes in the law or in case law, new or changed features, security requirements, or changes in the service providers we rely on.
We will notify you of material changes in the App or at daitoo.app at least 30 days before they take effect, unless a change has to take effect sooner for legal or security reasons.
If you do not agree to a change, you may stop using the App and cancel any subscription through your store before the change takes effect. If you continue to use the App after that date, the amended Terms apply. Your mandatory statutory rights are not affected.
The App relies on services provided by third parties, including Apple (App Store, iCloud, App Attest), Google (Google Play, Play Integrity), our hosting provider, our AI providers and your mobile network operator. Their own terms apply to your use of those services, and we are not responsible for their availability, performance or acts.
When using the App you must comply with any applicable third-party terms of agreement — for example the terms of your wireless data service plan.
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", and we exclude all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the App will operate uninterrupted or error-free, or that data will not be lost or corrupted.
This Section applies only to the extent the law permits. In particular, if you are a consumer, your mandatory statutory rights under the law of your country of residence — including rights concerning the conformity of digital content and digital services — remain unaffected, and in respect of a paid Daitoo Pro subscription we remain liable for conformity to the extent mandatory law requires.
13.1 Unlimited liability. We are liable without limitation for damage caused intentionally or by gross negligence, for death, bodily injury or damage to health, for fraudulently concealed defects, and in any other case where mandatory law does not permit a limitation of liability.
13.2 Slight negligence. In cases of slight negligence, we are liable only for breach of an obligation that is essential to the purpose of this agreement, and our liability is limited to the damage that is typical for a contract of this kind and was foreseeable when it was concluded.
13.3 Overall cap. Subject to Section 13.1, our total aggregate liability for all claims arising in any twelve-month period is limited to the total amount you paid for Daitoo Pro in the twelve months before the event giving rise to the liability. If you have not paid for Daitoo Pro, that amount is nil.
13.4 Excluded losses. Subject to Section 13.1, we are not liable for indirect, incidental, special or consequential damage, nor for loss of profit, loss or corruption of data or lists, loss of goodwill, or business interruption.
13.5 Third parties and auxiliary persons. To the extent permitted by law, we are not liable for the conduct of auxiliary persons (Art. 101 of the Swiss Code of Obligations), nor for the availability, performance or acts of the third-party services described in Section 11.
13.6 Our people. The limitations in this Section apply equally to our directors, employees, contractors and agents.
To the extent permitted by applicable law, you will indemnify us and hold us harmless against third-party claims, damage and reasonable legal costs arising from (a) your content, (b) your use of shared lists, (c) your breach of these Terms, or (d) your infringement of third-party rights.
This does not apply where you are a consumer and the claim does not arise from a culpable breach of these Terms on your part. We will notify you of any such claim without undue delay and will not settle it without consulting you.
This licence runs until it is terminated.
You may terminate it at any time by deleting the App from your devices and cancelling any subscription through your store.
We may suspend or terminate your access, or remove content, with immediate effect if you materially breach these Terms, if we are required to do so by law or a competent authority, or if it is necessary to protect the security or integrity of the service or other users. Where it is reasonable and lawful to do so, we will warn you first and give you an opportunity to put matters right.
We may also terminate this agreement for convenience on 30 days' notice. If you have a paid subscription running at that time, you may cancel it through your store, and we will support a request to the store to refund the unused portion.
On termination you must stop using the App and delete it from your devices. Deleting data held on your own device or in your own iCloud account is your responsibility.
Survival. Sections 3, 5, 6.2 to 6.5, 7, 8, 12, 13, 14, 16 to 19 and 21 survive termination.
We are not liable for any delay or failure in performance caused by events outside our reasonable control, including outages at our hosting or AI providers, network and telecommunications failures, cyberattacks, acts of government or regulators, industrial action and natural events.
You represent and warrant that you are not located in, and are not a national or resident of, a country subject to a Swiss, EU, UK or U.S. embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any Swiss, EU, UK or U.S. list of restricted, prohibited or sanctioned parties.
You must not use or export the App in breach of applicable export control or sanctions laws.
These Terms are governed by Swiss law, excluding its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction is Basel, Switzerland.
If you are a consumer, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence, and you may also bring proceedings before the courts of your place of domicile.
19.1 Severability. If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in force. The invalid provision is replaced by a valid provision that comes as close as possible to its commercial purpose.
19.2 No waiver. If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later.
19.3 Assignment. You may not assign or transfer your rights under these Terms. We may assign these Terms to a group company, or in connection with a merger, acquisition or sale of assets, provided your rights under these Terms are not reduced.
19.4 Entire agreement. These Terms, together with our Privacy Policy and the terms of the app store you obtained the App from, constitute the entire agreement between you and us regarding the App.
19.5 Language. These Terms are published in English, German, French and Spanish. If you are a consumer, the version in the language in which these Terms were presented to you applies. In all other cases, the German version prevails in the event of discrepancies.
19.6 Notices. We may give you notice in the App, at daitoo.app, or — where we hold your address — by email. Notices to us go to support@daitoo.app or to the postal address above.
19.7 Consumer dispute resolution. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If you obtained the App from the Apple App Store, the following also applies:
If you obtained the App from Google Play, the Google Play Terms of Service apply in addition to these Terms. Google is not a party to these Terms and is not responsible for the App.
Questions about these Terms: support@daitoo.app
Übelacker Solutions GmbH
Bläsiring 28
4057 Basel
Switzerland
