Dayna Terms of Service
1. About these terms
Dayna is operated by POWR DATA PTY LTD (ACN 692 119 476 / ABN 37 692 119 476), referred to in these terms as "POWR DATA", "we", "our" or "us".
These terms govern your use of the Dayna patient mobile application, the Dayna practitioner web portal, our websites, and the related services we operate (together, "Dayna"). By creating an account, accepting an invitation, or using Dayna, you agree to these terms. If you do not agree, please do not use Dayna.
These terms should be read together with the Dayna Privacy Policy, which explains how we handle personal information.
2. What Dayna is, and what it is not
Dayna is a companion tool that helps people record meals, reflections and goals and share selected information with their own practitioner. It is designed to support the care you already receive.
Dayna is not a medical device and has not been assessed by the TGA as a medical device. It does not provide medical, psychological or dietetic advice, diagnosis, treatment or therapy. Dayna does not replace your practitioner or any part of your professional care.
Dayna is not an emergency or crisis service and is not monitored in real time. If you are in immediate danger, call 000. For eating disorder support, contact the Butterfly Foundation on 1800 33 4673. For crisis support, contact Lifeline on 13 11 14. For medical concerns, contact your GP or local emergency department.
3. Who can use Dayna
You may use Dayna if you are at least 18 years old, located in Australia, and, for patients, you have received an invitation from a participating practitioner. Dayna is provided to patients at no charge. You must provide accurate information when creating your account.
Practitioners must assess the suitability of a patient before issuing an invitation, including medical stability, cognitive capacity, and risk of harm.
4. Your account
You are responsible for keeping your login details secure and for activity that occurs under your account. Tell us promptly if you believe your account has been accessed without your permission. You may close your account at any time; see the Dayna Privacy Policy and our account deletion page for what happens to your information.
5. Acceptable use
You agree to use Dayna only for its intended purpose and in accordance with the law. You must not:
- use Dayna on behalf of another person without their authority;
- attempt to access another person's account or information;
- upload content that is unlawful, harmful or infringes another person's rights;
- interfere with, reverse engineer, scrape or disrupt Dayna or its security; or
- use Dayna to provide services to third parties except as these terms allow for practitioners.
Content you add to Dayna, including photographs and anything shared with your practitioner, must also meet these standards. You must not upload or share content that:
- is unlawful, threatening, harassing or abusive towards any person;
- is discriminatory or hateful, including on the basis of race, religion, culture, sexuality, gender identity, age, disability or health condition;
- contains nudity or sexually explicit material;
- impersonates another person or misrepresents who you are; or
- is spam, advertising or unrelated promotion.
You must not use Dayna to promote or encourage restrictive eating, purging, excessive exercise or other eating disorder behaviours in another person, or to share content that could cause harm to another user.
This is not a restriction on honest journalling. Dayna exists for you to record your own meals, feelings, experiences and thoughts, including difficult ones, in your own words; these standards are about how Dayna is used towards other people. We may remove or hide content that breaches these standards, acting reasonably.
We may suspend or close accounts that breach these terms, misuse Dayna, or create risk for other users, subject to applicable law.
6. Additional terms for practitioners
Practitioners who use Dayna are independent health professionals. Dayna does not employ, supervise, direct or endorse any practitioner, does not provide health services, and does not enter into any clinical, treatment or care relationship with practitioners or patients. The clinical relationship and all care are solely between a practitioner and their patient; Dayna is a tool that supports that relationship.
If you use Dayna as a practitioner, the following also applies:
- You must hold and maintain the professional registration or accreditation that applies to your profession (for example, AHPRA registration for psychologists, or Accredited Practising Dietitian status with Dietitians Australia), together with the qualifications and insurances appropriate to your practice, and practise within your professional obligations at all times.
- You are solely responsible for your clinical judgement, the care you provide, your own clinical record keeping, and obtaining any consents required for the care you provide. You must obtain informed consent from your patient before inviting them to Dayna, including explaining how their information will be used, stored and shared, as set out in the Dayna Privacy Policy and consistent with the Australian Privacy Principles. Dayna supports your work with patients; it does not provide care and is not a clinical record system.
- You must not use Dayna for patients who are medically unstable or who require higher level care without appropriate clinical supervision.
- Information you enter in Dayna, including goals and comments, is visible to the relevant patient. You are responsible for ensuring it is appropriate and accurate.
- Access to practitioner features requires a subscription. Fees, billing frequency and any trial arrangements are as displayed when you subscribe. Payments are processed by our payment provider (currently Stripe). Subscriptions may be cancelled at any time and cancellation takes effect at the end of the current billing period; fees for the current period are not refunded except as required by law.
- We will give you reasonable notice of any change to subscription fees, and the change will apply from your next billing period after the notice.
- Fees are stated inclusive or exclusive of GST as displayed at the time of subscription.
7. Sharing between patients and practitioners
Sharing between a patient and their linked practitioner works as described in the Dayna Privacy Policy, including default sharing of eligible entries, per-entry privacy controls, and the end of practitioner access when a relationship ends. Each user is responsible for what they choose to share through Dayna.
Dayna is not monitored in real time. Practitioners must not rely on Dayna as the sole means of monitoring patient safety or risk.
8. Clinical safety
Dayna does not include calorie counting, weight loss tracking, or other features known to reinforce disordered eating behaviours. Dayna is not suitable for patients who are medically unstable or who require inpatient care.
If a patient experiences a worsening of symptoms, self-harm, or an adverse event related to their use of Dayna, the practitioner should arrange appropriate clinical follow-up and may report it to POWR DATA at .
9. Your content and our rights
You own the content you add to Dayna. You grant us the licence needed to host, store, display and process that content for the purpose of operating and supporting Dayna, consistent with the Dayna Privacy Policy.
We may create and use de-identified and aggregated data derived from your use of Dayna, for example to operate, improve and report on the service. Once information is de-identified so that it no longer identifies you, it is no longer personal information and is not subject to the Privacy Policy. We will not attempt to re-identify de-identified information. We do not use personal content to train generative AI models.
If you send us feedback or suggestions about Dayna, we may use them to improve Dayna without any obligation to you.
Dayna itself, including its software, design, branding and content we create, is owned by POWR DATA or its licensors. We grant you a personal, non-transferable licence to use Dayna in accordance with these terms. The Dayna name and logo may not be used without our written permission.
10. Availability and changes
You may notice features being refined and improved as Dayna develops. We work to keep Dayna available and reliable, but we do not promise that it will be uninterrupted, error free or always available. We may change, suspend or discontinue features, or Dayna itself, and where a change materially reduces what you have paid for, or materially affects clinical safety, we will provide reasonable notice and a fair remedy where practicable.
11. Privacy, data security and regulatory compliance
Our handling of personal information is described in the Dayna Privacy Policy, which is written to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Your records and photographs are stored in Australia. A small number of supporting services process limited information overseas, and they are named in the Dayna Privacy Policy. Information is encrypted in transit and at rest, access is restricted to authorised personnel, and role-based controls apply to practitioner data.
Any sharing of de-identified data with third parties, including for research, analytics or service improvement, is described in the Dayna Privacy Policy.
In the event of a data breach affecting personal information, we will comply with our obligations under the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme.
If the regulatory classification of Dayna changes, for example if it becomes regulated as a medical device, we will notify users through in-app messaging.
12. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the law allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.
13. Liability
Subject to section 12 (Australian Consumer Law), and to the extent permitted by law:
- Dayna is provided for the purposes described in section 2, and we are not liable for clinical decisions, professional services, or care provided or not provided by any practitioner;
- we are not liable for indirect or consequential loss; and
- our total liability arising out of or in connection with Dayna is limited to the greater of (a) the fees you have paid us in the 12 months before the claim and (b) AUD $100; and
- you indemnify us against loss, damage and costs we reasonably incur arising from your breach of these terms, your unlawful use of Dayna, or your clinical decisions as a practitioner, except to the extent we caused the loss.
14. Ending these terms
You may stop using Dayna and delete your account at any time. We may suspend or end your access if you materially breach these terms, if required by law, or if we discontinue Dayna, and we will act reasonably and provide notice where practicable. On termination, practitioners remain responsible for the continuity of care for their patients and should ensure alternative arrangements are made. Sections that by their nature should survive (including sections 9, 12 and 13) survive termination.
15. Changes to these terms
We may update these terms from time to time. The current version will always be published at https://www.daynahealth.com/terms. If a change is material, we will give you reasonable notice through Dayna or by email, and your continued use after the change takes effect constitutes acceptance.
16. Governing law
These terms are governed by the laws of Queensland, Australia, and the courts of that state and the federal courts of Australia have jurisdiction.
17. Contact
POWR DATA PTY LTD
Email: (general) or (support)
Website: www.daynahealth.com