Terms and Conditions

Last Updated: June 11, 2026 Effective Date: June 11, 2026

These Terms and Conditions ("Terms") govern your access to and use of the Dayout platform. Please read them carefully. By accessing or using the Platform, you agree to be bound by these Terms.

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 accessing or using the Platform, you agree to be bound by 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 modify or reverse-engineer any part of the Platform.

Feedback: Any suggestions or ideas provided to us ("Feedback") shall be the sole property of Dayout. We may use Feedback without restriction or compensation to you.

4. User Content and License Grant

You retain ownership of any photos, text, or other content you post to the Platform ("User Content"). However, by posting User Content, you represent and warrant that you own the content or have all necessary legal rights and permissions to post it, and that it does not infringe upon the intellectual property rights of any third party.

By uploading User Content, you grant Dayout a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content solely for the purpose of operating, developing, providing, and promoting the Platform.

5. Acceptable Use & Prohibited Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. The examples below are illustrative and not exhaustive. We may investigate and take action — including removing content, limiting visibility, withholding or reversing payouts, restricting features, and suspending or terminating accounts — for any conduct we believe, in our sole judgment, violates these Terms or harms the community, Creators, users, or Dayout.

A. Platform & Payment Integrity. You may not:

• Circumvent, or solicit, encourage, or arrange for others to circumvent, Dayout's payment system, commission, or fees — including arranging, accepting, soliciting, or directing payment for any Experience or Creator service outside the Platform, or contacting users to move a transaction off-platform;

• Engage in payment fraud, money laundering, or abuse of refunds, chargebacks, promotions, credits, or payouts;

• Manipulate pricing, rankings, search results, reviews, ratings, or engagement metrics, including through fake accounts, fake or self-directed bookings, or paid or coordinated reviews.

B. Content & Intellectual Property. You may not:

• Upload, post, or share User Content you do not own or lack the rights and permissions to share, or that infringes, misappropriates, or violates any third party's intellectual property, privacy, or publicity rights;

• Post content that is unlawful, fraudulent, defamatory, obscene, sexually explicit, hateful, harassing, or that depicts or facilitates violence, self-harm, or the sexual exploitation of minors;

• Misrepresent an Experience, including its location, safety, inclusions, required qualifications or licensing, or the identity of who is providing it.

C. People & Community. You may not:

• Harass, threaten, stalk, defame, or abuse any person, or incite others to do so;

• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;

• Collect, store, or misuse other users' personal information, or contact users for purposes unrelated to a legitimate Platform transaction.

D. Security & Technical Integrity. You may not:

• Access, scrape, crawl, or harvest data from the Platform by automated means without our prior written permission;

• Reverse-engineer, decompile, or attempt to derive the source code of the Platform, except where this restriction is prohibited by applicable law;

• Introduce malware or harmful code; probe, scan, or test the vulnerability of the Platform; or bypass any security, authentication, or access controls;

• Interfere with, disrupt, or place an unreasonable load on the Platform or its infrastructure.

E. Accounts & Eligibility. You may not:

• Maintain more than one account, or open an account after we have suspended or terminated you, without our permission;

• Buy, sell, transfer, rent, or share your account or login credentials;

• Provide false, inaccurate, or misleading information when registering or transacting.

F. Legal & Regulatory. You may not:

• Use the Platform for any illegal purpose, or to list, sell, or facilitate any illegal activity, good, or service;

• Violate any applicable law or regulation, or any third-party agreement (including the Apple App Store and Google Play Store terms), in connection with your use of the Platform.

Enforcement. We are not obligated to monitor User Content or user conduct, but we may do so. We may remove or restrict content, withhold or reverse payouts, limit or suspend features, and suspend or terminate accounts at our discretion. Where we reasonably believe conduct is unlawful, we may report it to and cooperate with law enforcement. Exercising or declining to exercise any of these rights does not waive any other right or remedy available to us.

6. Data Processing & Identity Verification

We process personal data in accordance with our Privacy Policy.

For users eligible for payouts ("Creators"), identity verification and tax and financial information is collected and processed directly by our third-party payment processors, Stripe and/or PayPal. Dayout does not collect or store your Social Security Number, Tax ID, or government-issued identification; this information is provided by you to, and held by, the applicable processor under its own terms and privacy policy.

KYC Compliance: To comply with "Know Your Customer" (KYC) and anti-money-laundering requirements, you agree to provide accurate identification to the applicable processor 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, as applicable.

7. Financial Transactions & Payouts

In-App Purchases: All purchases are handled by the Apple App Store or Google Play Store. Dayout does not collect or store your credit card information for these purchases and cannot directly issue refunds. Refund requests must be directed to the respective App Store.

Creator Subscriptions: Creator subscription plans are sold and billed through the Apple App Store or Google Play Store as in-app purchases. Billing, automatic renewal, and cancellation of these subscriptions are managed by the applicable App Store under its terms. Dayout does not process subscription payments and cannot issue refunds for them. You can manage or turn off auto-renewal in your App Store account settings. Stripe and PayPal are used only to pay out Creator earnings, not to charge subscriptions.

Creator Payouts: Payouts are issued via Stripe Connect. If Stripe is unavailable in your region, Dayout may, at its discretion, facilitate payouts via PayPal.

Payout Settlement & Clearing Period: To maintain the financial integrity of the Platform, Dayout holds all payouts until the corresponding funds from the transaction have been fully cleared, settled, and received by Dayout from the Apple App Store or Google Play Store.

The Clearing Window: Due to the standard accounting and fiscal cycles of Apple and Google, the settlement period typically ranges from 30 to 60 days from the date of the transaction.

Fees & Taxes: Payouts are subject to processor fees, platform commissions, and currency conversion costs. You are solely responsible for reporting and paying all applicable taxes on your earnings.

8. Copyright Policy & DMCA Notice and Counter-Notice Procedure

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement committed on the Platform. We maintain a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

DMCA Notice. If you are a copyright owner and believe your work has been used on the Platform in a way that constitutes copyright infringement, please submit a written notice to our Designated Copyright Agent containing:

(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it (e.g., a specific URL, screen, or screenshot); (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notification. If you believe your content was removed or disabled by mistake or misidentification, you may submit a written counter-notice to our Designated Copyright Agent containing:

(a) your physical or electronic signature; (b) identification of the material that was removed and the location where it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Dayout may be found), and that you will accept service of process from the party who filed the original notice.

Upon receiving a valid counter-notice, we may restore the removed content in not less than 10 and not more than 14 business days, unless the original complainant first notifies our Designated Agent that they have filed a court action seeking to restrain the activity.

Designated Copyright Agent: Copyright Agent Dayout Technologies Association 5900 Balcones Drive, Ste 25052 Austin, TX 78731 Phone: 713-373-5984 Email: support@dayout.app

Our designated agent is registered with the U.S. Copyright Office DMCA Designated Agent Directory.

9. Marketplace Role; Experiences Provided by Creators

Dayout is a marketplace that connects users with independent third-party creators ("Creators") who design, list, and sell day-plans, itineraries, activities, and related digital and real-world experiences ("Experiences"). Dayout is not the creator, organizer, operator, or provider of any Experience. We do not own, run, supervise, or control the venues, activities, services, or third parties involved in any Experience, and we are not a party to the arrangement between you and a Creator or any third-party provider.

Creators are solely responsible for the accuracy, quality, safety, legality, and delivery of their Experiences, and for all descriptions, recommendations, pricing, and content associated with them. Dayout does not independently verify, endorse, or guarantee any Experience, Creator, or third-party provider.

Assumption of Risk. You understand that real-world activities — including travel, recreational, physical, or adventure activities — carry inherent risks, including risk of property damage, illness, injury, or death. You voluntarily assume all such risks. You are responsible for evaluating whether an Experience is appropriate and safe for you, for following all applicable safety instructions and laws, and for obtaining any insurance, permits, or qualifications an Experience may require.

Release. To the maximum extent permitted by law, you release Dayout and its officers, directors, employees, and agents from any claims, demands, damages, or liabilities arising out of or related to any Experience, any Creator, or any third-party provider, including any act or omission of a Creator or third party. This release does not limit rights that cannot be waived under applicable law.

10. 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.

11. 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.

12. 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.

13. Freedom of Expression & Editorial Discretion

Dayout supports free expression and community dialogue. However, the Platform is a private service. We reserve 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.

14. Account Termination & Data Deletion

You may close your account at any time directly in the app. You may also request deletion of your personal data by emailing support@dayout.app.

After you close your account or submit a deletion request, we will delete or de-identify your personal data within approximately 30 days, except where we are required or permitted to retain certain information by law (for example, for tax, accounting, fraud-prevention, or legal-compliance purposes) or where information has been aggregated or anonymized. Certain transaction and payout records may be retained by our payment processors (Stripe, PayPal) and the App Stores under their own policies.

We may also suspend or terminate your account as described in Section 1.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you — for example, by posting the updated Terms in the app, updating the "Last Updated" date, or providing notice through the Platform. Changes become effective when posted unless we state otherwise. Your continued use of the Platform after the updated Terms take effect means you accept them. If you do not agree, you must stop using the Platform and may close your account.

16. 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.

17. Apple App Store Supplemental Terms

These Terms are between you and Dayout, not Apple. Apple has no support or maintenance obligations for the Platform. Apple is a third-party beneficiary of these Terms and, upon your acceptance, has the right to enforce them against you.

18. Google Play Supplemental Terms

If you download or use the Platform from the Google Play Store, you acknowledge and agree that these Terms are between you and Dayout only, and not with Google. Google is not responsible for the Platform or its content and has no obligation to provide any maintenance or support services for the Platform. Your acquisition and use of the Platform through the Google Play Store is subject to the then-current Google Play Terms of Service. To the extent these Terms conflict with the Google Play Terms of Service with respect to your acquisition or use of the Platform through the Google Play Store, the Google Play Terms of Service will govern, but only to the extent necessary to resolve the conflict. Google and its affiliates are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.