Terms of Service
1. Introduction and Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you, an individual user ("you," "your," "User"), and the operator of DAILY ("DAILY," "we," "us," "our"), an independent developer currently based in Lithuania, governing your access to and use of the DAILY mobile application and all related features, functionality, content, and services (collectively, the "Service").
Please read these Terms carefully before using the Service. By downloading, installing, accessing, registering for, or otherwise using DAILY, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, Community Guidelines, Content Moderation Policy, AI Transparency Policy, Data Deletion Policy, Refund Policy, and Copyright & Intellectual Property Policy (collectively, the "Policies"), each of which is incorporated into these Terms by reference and available at https://dailyemoji.app.
If you do not agree to these Terms, you must not access or use the Service.
2. Eligibility
2.1 Minimum Age
You must be at least 16 years of age to create an account or otherwise use the Service. By using the Service, you represent and warrant that you meet this minimum age requirement.
2.2 Legal Capacity
By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement with DAILY under the laws applicable to you.
2.3 Compliance With Law
You represent and warrant that your use of the Service will comply with all applicable local, national, and international laws and regulations.
2.4 Right to Refuse Service
We reserve the right to refuse to provide the Service to any individual or entity, and to change our eligibility criteria at any time, subject to applicable law.
3. Description of the Service
DAILY is a social media application designed around the concept of consistent, authentic daily sharing. The core functionality of the Service, as currently offered, includes:
- Account creation and authentication exclusively via Apple Sign In or Google Sign In
- Profile management, including editing your profile and uploading a profile picture
- Daily photo posting, allowing you to upload one photo per day accompanied by an optional caption
- Commenting, allowing you to leave comments on posts
- Reactions, allowing you to react to posts shared by other users
- Friend system, allowing you to send, receive, accept, decline, and manage friend requests, and interact with your friends through the Service
- Streaks, tracking your consecutive daily posting activity
- DAILY Premium, an optional monthly subscription that unlocks additional premium features
- Account deletion, allowing you to permanently delete your account and associated data
The Service does not currently support video uploads or private direct messaging between users. We may introduce, modify, or discontinue features of the Service at our discretion, as described in Section 16 below.
4. Account Registration and Management
4.1 Sign-In Methods
Accounts on DAILY may only be created and accessed using Apple Sign In or Google Sign In. Traditional email and password registration is not available, and DAILY does not independently store or manage your account password.
4.2 Accuracy of Information
You agree to provide and maintain accurate, current, and complete information about yourself as prompted by the App's registration and profile features, including your username and profile photo.
4.3 Account Security
Because authentication is handled by Apple and Google, the security of your DAILY account is directly tied to the security of your Apple ID or Google Account. You are solely responsible for maintaining the confidentiality and security of the Apple or Google account associated with your DAILY account, and for all activities that occur under your DAILY account, whether or not authorized by you.
4.4 Notification of Unauthorized Use
You agree to notify us immediately at support@dailyemoji.app if you become aware of any unauthorized use of your account or any other breach of security.
4.5 One Account, Genuine Identity
You may not create or maintain more than one account for deceptive, abusive, or manipulative purposes. You may not impersonate any other person or entity, or misrepresent your affiliation with any person or entity, in connection with your use of the Service.
4.6 Account Suspension by DAILY
We reserve the right to suspend, restrict, or terminate your account, in whole or in part, in accordance with Section 12 and our Content Moderation Policy.
5. User Content
5.1 Definition
"User Content" means any photo, caption, comment, reaction, profile information, or other content that you create, upload, post, or otherwise submit to or through the Service.
5.2 Ownership Retained by You
As between you and DAILY, you retain all ownership rights you may have in your User Content. Nothing in these Terms transfers ownership of your User Content to DAILY.
5.3 License Grant to DAILY
By submitting User Content to the Service, you grant DAILY a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, cache, reproduce, adapt (solely for technical purposes such as format or size adjustments), display, perform, and distribute your User Content, solely to the extent reasonably necessary to operate, provide, maintain, promote, and improve the Service. This license continues for as long as your User Content remains on the Service, and generally terminates once you delete the applicable content or your account, subject to the retention exceptions described in our Data Deletion Policy.
5.4 Your Representations Regarding User Content
By submitting User Content, you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Content and to grant the license described above; (b) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights; and (c) your User Content complies with these Terms, our Community Guidelines, and all applicable law.
5.5 No Obligation to Store or Display Content
While we intend to make the Service reliably available, we do not guarantee that any particular item of User Content will be stored, displayed, or made available indefinitely, and we reserve the right to remove User Content in accordance with our Content Moderation Policy.
5.6 Feedback
If you choose to provide us with suggestions, ideas, or feedback about the Service, you agree that we may use such feedback without restriction or compensation to you.
6. Prohibited Content and Community Standards
You agree not to post, upload, transmit, or otherwise make available through the Service any content that:
- Constitutes hate speech, or attacks or demeans individuals or groups based on protected characteristics
- Constitutes harassment, bullying, or targeted abuse of another user
- Contains threats of violence or harm against any person, group, or property
- Is illegal under applicable law
- Infringes the copyright, trademark, or other intellectual property rights of any third party
- Constitutes spam, including repetitive, unsolicited, or deceptive content
- Furthers fraud or deceptive schemes, including payment fraud, subscription fraud, or account fraud in connection with DAILY Premium
- Impersonates any person or entity, or misrepresents your affiliation with a person or entity
- Sexually exploits or endangers any individual, including minors
- Depicts or glorifies gratuitous violence or self-harm
- Is otherwise harmful, dangerous, or objectionable, as further described in our Community Guidelines
Our full standards for acceptable content and behavior are set out in our Community Guidelines, which form part of these Terms.
7. Content Moderation and AI-Assisted Review
We use AI-assisted tools to analyze content, comments, and user reports for potential violations of our Community Guidelines, and to flag such material for human review where warranted. Our AI systems do not make final moderation decisions; they may only recommend content or reports for further human review. All final decisions regarding content removal, warnings, account restrictions, suspensions, or permanent bans are made exclusively by human administrators. Further detail regarding this process is available in our Content Moderation Policy and AI Transparency Policy, both of which form part of these Terms.
8. Reporting Mechanism
The Service allows you to report posts, comments, and user profiles that you believe violate our Community Guidelines. Submitting a report in bad faith, or with the intent to harass or abuse another user, is itself a violation of these Terms and may result in enforcement action against your account. Reports are reviewed as described in our Content Moderation Policy.
9. DAILY Premium
9.1 Nature of DAILY Premium
DAILY Premium is an optional, recurring monthly subscription that unlocks additional premium features on top of the Service. The core functionality of DAILY, including account creation, daily photo posting, commenting, reactions, the friend system, and streaks, remains free to use regardless of whether you subscribe to DAILY Premium.
9.2 Premium Features
As of the date of these Terms, DAILY Premium includes the following features:
- πΊοΈ World Memory Map
- π€ AI Monthly Recap
- β Premium Badge displayed on your profile
- π« Ad-Free Experience
The features included with DAILY Premium may change, be added to, or be removed over time, as described in Section 9.5 below.
9.3 Pricing and Billing
DAILY Premium is currently priced at β¬4.99 per month. Pricing may vary slightly by region due to Apple App Store or Google Play pricing and taxation practices. Prices are displayed within the App at the time of purchase.
DAILY Premium is a recurring subscription that automatically renews at the end of each billing period unless cancelled in advance. Payments for DAILY Premium are processed exclusively through Apple In-App Purchases or Google Play Billing, depending on the platform through which you access the Service. DAILY does not directly process or store your payment information.
By subscribing to DAILY Premium, you agree to comply with these Terms as well as the applicable terms and policies of Apple or Google, as relevant to your platform.
9.4 Managing and Cancelling Your Subscription
You may manage, renew, or cancel your DAILY Premium subscription at any time through your Apple ID account settings or your Google Play account settings, as applicable. DAILY does not have the ability to directly cancel or modify your subscription on your behalf. If you cancel, your DAILY Premium subscription will generally remain active until the end of your current billing period.
9.5 No Guarantee of Availability
We reserve the right to modify, expand, or discontinue DAILY Premium, or any particular feature included with DAILY Premium, at any time, subject to our obligations under applicable consumer protection law and our Refund Policy.
9.6 Refunds
Refunds relating to DAILY Premium subscriptions are governed by our Refund Policy, which forms part of these Terms. Because subscription payments are processed by Apple or Google, refund requests are generally handled directly by Apple or Google in accordance with their respective policies.
10. Intellectual Property Rights of DAILY
The Service, including its application, source code, software architecture, user interface, design elements, trademarks, trade names, logos, and branding (collectively, "DAILY IP"), is owned by DAILY's developer or its licensors and is protected by applicable intellectual property and other laws. Except for the limited right to use the Service as expressly permitted under these Terms, no right, title, or interest in or to the DAILY IP is transferred or granted to you. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works based on the DAILY IP without our prior written consent. Further detail is available in our Copyright & Intellectual Property Policy.
11. Prohibited Conduct
In addition to the content restrictions described in Section 6, you agree that, in connection with your use of the Service, you will not:
- Violate any applicable law, regulation, or these Terms
- Infringe or misappropriate the intellectual property, privacy, or other legal rights of any party
- Attempt to circumvent, disable, or interfere with our AI-assisted or human moderation systems
- Use bots, scrapers, crawlers, or other automated means to access, collect data from, or interact with the Service, except as expressly permitted by us
- Attempt to gain unauthorized access to any account, system, or network connected to the Service
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
- Introduce viruses, malware, or other harmful code into the Service
- Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure
- Engage in fraudulent activity relating to the purchase, use, or reporting of DAILY Premium subscriptions
- Sell, rent, lease, or otherwise commercially exploit your account or access to the Service without our prior written consent
- Use the Service for any unlawful, harmful, or fraudulent purpose
12. Suspension, Restriction, and Termination
12.1 Enforcement Actions
Following review by a human administrator as described in our Content Moderation Policy, we may, at our discretion and in a manner proportionate to the nature and severity of a violation, take one or more of the following actions with respect to accounts that violate these Terms or our Community Guidelines: issue a warning, remove content, restrict certain account features, temporarily suspend an account, or permanently ban an account.
12.2 Termination by You
You may stop using the Service and delete your account at any time through the App's account settings. See our Data Deletion Policy for information about the effect of account deletion on your data.
12.3 Termination by DAILY
We reserve the right to suspend or terminate your access to the Service, with or without notice, in the event of a violation of these Terms, our Policies, or applicable law, or for any other reason permitted under applicable law, including discontinuation of the Service in whole or in part.
12.4 Effect of Termination
Upon termination of your account, your right to access and use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination β including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution β will survive.
13. Disclaimers
THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR QUALITY OF ANY USER CONTENT ACCESSED THROUGH THE SERVICE. NOTHING IN THIS SECTION IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION LAW.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAILY, ITS DEVELOPER, OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR DAILY PREMIUM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY EUROS (β¬50).
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION RIGHTS AVAILABLE TO YOU UNDER THE LAW OF YOUR COUNTRY OF RESIDENCE.
DAILY is not responsible for content created, uploaded, or shared by users. Although we use AI-assisted technologies together with human moderation to help maintain a safe community, we cannot guarantee that all harmful, illegal, misleading, or otherwise inappropriate content will be detected, reviewed, or removed immediately.
15. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DAILY, its developer, and their respective affiliates, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms or any Policy; (b) your User Content; (c) your violation of any applicable law or the rights of any third party; or (d) your misuse of the Service. This indemnification obligation does not apply to the extent such claims arise from our own negligence, willful misconduct, or violation of applicable law.
16. Changes to the Service and These Terms
16.1 Changes to the Service
We may add, modify, suspend, or discontinue any feature or aspect of the Service, in whole or in part, at any time, with or without notice, subject to applicable law.
Certain features may be introduced, modified, or discontinued as the Service evolves. We are under no obligation to continue offering any particular feature, virtual item, AI-assisted functionality, or promotional event indefinitely.
16.2 Changes to These Terms
We may revise these Terms from time to time to reflect changes in the Service, our practices, or applicable law. If we make material changes, we will provide notice through the App, by email, or by other reasonable means, and will update the "Last Updated" date above. Your continued use of the Service following the effective date of any revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms, and any dispute arising out of or in connection with them or the Service, shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions, except to the extent that mandatory consumer protection laws of your country of residence apply and provide you with additional or different rights.
17.2 Consumer Rights Preserved
If you are a consumer resident in the European Union, nothing in these Terms deprives you of the protection afforded by mandatory provisions of the law of the country in which you reside, and you may bring proceedings in relation to these Terms in the courts of your country of residence, in accordance with applicable EU consumer protection rules.
17.3 Informal Resolution
Before initiating any formal dispute resolution process, we encourage you to contact us at support@dailyemoji.app so that we may attempt to resolve the matter informally.
17.4 EU Online Dispute Resolution
If you are an EU consumer, you may also be entitled to submit a complaint through the European Commission's Online Dispute Resolution platform.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with the Policies incorporated by reference, constitute the entire agreement between you and DAILY regarding the Service and supersede any prior agreements or understandings, whether written or oral.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, severed, and the remaining provisions of these Terms will continue in full force and effect.
18.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
18.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.
18.5 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or telecommunications failures, or governmental action.
18.6 Notices
We may provide notices to you via the App, the email address associated with your account, or by posting notice on our website. Notices to us should be sent to support@dailyemoji.app.
18.7 App Store Compliance
Your use of DAILY through Apple's App Store or Google Play is also subject to the applicable platform's own terms of service and usage rules. In the event of any conflict between these Terms and a platform's requirements, the platform's requirements shall govern solely with respect to your use of the Service through that particular platform.
18.8 Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and DAILY.
19. Contact Us
If you have any questions about these Terms, please contact us at:
Email: support@dailyemoji.app Website: https://dailyemoji.app