Terms and Conditions
Learn more about our legals
Learn more about our legals
1. Your Relationship With Us
Welcome to Dayout (the "Platform"), operated by Dayout Technologies Association ("Dayout," "we," "us," or "our"), a Delaware corporation with its principal place of business in Austin, Texas. By using the Platform, you agree to these Terms. We reserve the right to suspend or terminate your account and access to the Platform at our sole discretion, without notice, for conduct that violates these Terms or harms the community.
2. Eligibility & Account Security
To use Dayout, you must be at least 13 years old (or 16 years old in the European Union and United Kingdom) and legally able to form a binding contract. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. Intellectual Property & Feedback
Dayout retains all ownership rights to the Platform, including trademarks, copyrights, and database rights. You may not copy or reverse-engineer any part of the Platform. Feedback: Any suggestions or ideas provided to us ("Feedback") shall be the sole property of Dayout, and we may use them without restriction or compensation to you.
4. Data Processing & Identity Verification
We process data per our Privacy Policy. For users eligible for payouts ("Creators"), we use Stripe Connect or PayPal for identity verification.
KYC Compliance: You agree to provide accurate identification (e.g., SSN, Tax ID, or Government ID) as required by law.
Terms Incorporation: By acting as a Creator, you agree to be bound by the Stripe Connected Account Agreement and/or the PayPal User Agreement.
5. Financial Transactions & Payouts
In-App Purchases: All purchases are handled by Apple or Google. Dayout does not collect your credit card information for these purchases and cannot directly issue refunds. Refund requests must be directed to the respective App Store.
Creator Payouts: Payouts are issued via Stripe Connect. If Stripe is unavailable in your region, Dayout may, at its discretion, facilitate payouts via PayPal.
Fees & Taxes: Payouts are subject to processor fees and currency conversion costs. You are solely responsible for all applicable taxes on your earnings.
6. Copyright Policy & Legal Notices
We comply with the DMCA. Report infringements via our in-app tool or support@dayout.app. Formal Notices: Must be sent via certified mail to: Dayout Technologies Association, 5900 Balcones Drive, Ste 25052, Austin, TX, 78731, with a courtesy copy to support@dayout.app.
7. LIABILITY DISCLAIMER & LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS." DAYOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL DAYOUT, ITS AFFILIATES, OR OFFICERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE GREATER OF $100.00 USD OR THE TOTAL AMOUNT YOU PAID TO DAYOUT IN THE LAST SIX MONTHS.
8. Indemnification
You agree to indemnify, defend, and hold harmless Dayout and its officers from any claims, liabilities, damages, or legal fees arising from your use of the Platform, your User Content, your violation of these Terms, or your infringement of any third-party rights.
9. Arbitration & Mass Filing Protection
Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas.
Class Action Waiver: Claims must be brought in an individual capacity only.
Mass Arbitration & Batching: If 25 or more similar claims are filed, the AAA Mass Arbitration Supplementary Rules apply. A "Bellwether" process will hear 10 test cases first; all other claims will be stayed until mediation or individual batching occurs.
10. Freedom of Expression & Editorial Discretion
Dayout supports free expression and community dialogue. However, the Platform is a private service. We reserve the ultimate editorial discretion to moderate, remove, or restrict any content that we believe, in our sole judgment, violates these Terms or harms the community experience.
11. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware. For matters not subject to arbitration, you agree to the exclusive jurisdiction of the courts in Travis County, Texas.
12. Apple App Store Supplemental Terms
These Terms are between you and Dayout, not Apple. Apple has no support obligations for the Platform. Apple is a third-party beneficiary of these Terms and may enforce them against you.
1. Your Relationship With Us
Welcome to Dayout (the "Platform"), operated by Dayout Technologies Association ("Dayout," "we," "us," or "our"), a Delaware corporation with its principal place of business in Austin, Texas. By using the Platform, you agree to these Terms. We reserve the right to suspend or terminate your account and access to the Platform at our sole discretion, without notice, for conduct that violates these Terms or harms the community.
2. Eligibility & Account Security
To use Dayout, you must be at least 13 years old (or 16 years old in the European Union and United Kingdom) and legally able to form a binding contract. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. Intellectual Property & Feedback
Dayout retains all ownership rights to the Platform, including trademarks, copyrights, and database rights. You may not copy or reverse-engineer any part of the Platform. Feedback: Any suggestions or ideas provided to us ("Feedback") shall be the sole property of Dayout, and we may use them without restriction or compensation to you.
4. Data Processing & Identity Verification
We process data per our Privacy Policy. For users eligible for payouts ("Creators"), we use Stripe Connect or PayPal for identity verification.
KYC Compliance: You agree to provide accurate identification (e.g., SSN, Tax ID, or Government ID) as required by law.
Terms Incorporation: By acting as a Creator, you agree to be bound by the Stripe Connected Account Agreement and/or the PayPal User Agreement.
5. Financial Transactions & Payouts
In-App Purchases: All purchases are handled by Apple or Google. Dayout does not collect your credit card information for these purchases and cannot directly issue refunds. Refund requests must be directed to the respective App Store.
Creator Payouts: Payouts are issued via Stripe Connect. If Stripe is unavailable in your region, Dayout may, at its discretion, facilitate payouts via PayPal.
Fees & Taxes: Payouts are subject to processor fees and currency conversion costs. You are solely responsible for all applicable taxes on your earnings.
6. Copyright Policy & Legal Notices
We comply with the DMCA. Report infringements via our in-app tool or support@dayout.app. Formal Notices: Must be sent via certified mail to: Dayout Technologies Association, 5900 Balcones Drive, Ste 25052, Austin, TX, 78731, with a courtesy copy to support@dayout.app.
7. LIABILITY DISCLAIMER & LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS." DAYOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL DAYOUT, ITS AFFILIATES, OR OFFICERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE GREATER OF $100.00 USD OR THE TOTAL AMOUNT YOU PAID TO DAYOUT IN THE LAST SIX MONTHS.
8. Indemnification
You agree to indemnify, defend, and hold harmless Dayout and its officers from any claims, liabilities, damages, or legal fees arising from your use of the Platform, your User Content, your violation of these Terms, or your infringement of any third-party rights.
9. Arbitration & Mass Filing Protection
Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas.
Class Action Waiver: Claims must be brought in an individual capacity only.
Mass Arbitration & Batching: If 25 or more similar claims are filed, the AAA Mass Arbitration Supplementary Rules apply. A "Bellwether" process will hear 10 test cases first; all other claims will be stayed until mediation or individual batching occurs.
10. Freedom of Expression & Editorial Discretion
Dayout supports free expression and community dialogue. However, the Platform is a private service. We reserve the ultimate editorial discretion to moderate, remove, or restrict any content that we believe, in our sole judgment, violates these Terms or harms the community experience.
11. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware. For matters not subject to arbitration, you agree to the exclusive jurisdiction of the courts in Travis County, Texas.
12. Apple App Store Supplemental Terms
These Terms are between you and Dayout, not Apple. Apple has no support obligations for the Platform. Apple is a third-party beneficiary of these Terms and may enforce them against you.