Terms and Conditions
Terms and Conditions
1. Your Relationship With Us
Welcome to Dayout (the "Platform"), operated by Dayout LLC ("Dayout," "we," "us," or "our"). These Terms and Conditions (the "Terms") govern your use of our Platform and form a legally binding agreement between you and Dayout. By downloading, accessing, or using the Platform, you agree to these Terms. If you do not agree, you should not use the Platform.
2. Intellectual Property Rights
Dayout retains all ownership rights to the Platform, including trademarks, copyrights, database rights, and other intellectual property. You may not copy, modify, reverse-engineer, translate, or create derivative works from any part of the Platform without our explicit written permission.
3. Service Modifications and Charges
We continuously improve our Platform and may update, modify, or discontinue features or services at any time with prior notice when possible. We will not charge for services unless explicitly stated and properly communicated. We may update these Terms from time to time and will notify you by posting the updated Terms on the Platform and, where appropriate, by other means. Continued use of the Platform after changes take effect constitutes acceptance of the new Terms.
4. Data Processing & Privacy
Dayout processes personal data provided by users in accordance with our Privacy Policy. We do not sell your data. For identity verification and transactions, we partner with Stripe, with whom certain necessary information is shared to ensure security and compliance with applicable laws.
5. Eligibility
To use our services, you must meet the following requirements:
Be at least 13 years old (or 16 in the European Union and United Kingdom);
Be legally able to form a binding contract;
Not be legally prohibited from using the Platform.
6. Service Changes & Limitations
We may modify, limit, suspend, or terminate certain services or features at our discretion without liability. This includes restricting access to parts or all of the Platform.
7. User Content & License Grant
Users retain ownership of the content they post ("User Content"). However, by posting on Dayout, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, display, and perform your User Content as necessary to operate, promote, and improve our services. This license remains in effect even if you stop using the Platform, ensuring that previously shared content remains accessible in accordance with the Platform's functionality.
8. Premium Content Restrictions
Users who purchase Premium Content receive a limited, non-transferable, non-exclusive license for personal use only. Unauthorized distribution, reproduction, resale, or commercial use of Premium Content is strictly prohibited and may result in account termination and a permanent ban from Dayout. If we also determine that a user has plagiarized someone else's Premium Content, we will take these same disciplinary actions.
9. Termination & Data Retention
Upon account termination, we make reasonable efforts to remove or restrict access to your content. However, cached or backup copies may persist for a limited period. Certain data may be retained to comply with legal obligations. Premium content that another user has purchased from you will still be retained by the user who paid for the content, even if you have deleted the content and your account.
10. Copyright Policy (DMCA Compliance)
Dayout respects intellectual property rights, and user-generated content is automatically protected under copyright laws. We comply with the Digital Millennium Copyright Act (DMCA) and provide a process for copyright owners to report alleged infringements. If you believe your copyrighted work has been used without authorization, you may submit a DMCA takedown request through our in-app report system or by contacting our support team. Upon receiving a valid request, we will review the claim and take appropriate action, including removing or restricting access to infringing content if necessary.
11. Liability Disclaimer
Dayout provides the Platform "as is" without warranties of any kind. We are not liable for any damages resulting from your use of the Platform. You assume all risks associated with using the Platform, and we disclaim all implied warranties to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify and hold harmless Dayout, its affiliates, officers, directors, employees, and agents from any claims, damages, or legal fees arising from your use of the Platform, your violation of these Terms, or infringement of any rights of a third party.
13. Arbitration & Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with applicable laws. Users waive the right to bring claims in a court of law or participate in class-action lawsuits.
14. Freedom of Speech Commitment
Dayout supports free expression while enforcing content policies that protect users, maintain security, and foster a positive community.
15. Compliance with Community Guidelines
By using Dayout, you agree to follow our Community Guidelines, which promote respectful and lawful interactions. Violations may result in content removal or account suspension.
16. Prohibited Content & Conduct
Users must not engage in the following activities:
Nudity & Sexual Content: Posting, sharing, or distributing explicit or sexually suggestive content is strictly prohibited.
Copyright or Trademark Infringement: Uploading, sharing, or distributing copyrighted material without authorization.
Cyberbullying or Harassment: Targeting individuals with repeated, unwanted behavior, including threats, intimidation, or doxxing.
Hate Speech & Discrimination: Content that attacks individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected classes.
Fraud & Impersonation: Misrepresenting identity, creating fake accounts, or attempting to deceive users for financial or personal gain.
Privacy Violations: Sharing personal information of others without consent, including addresses, phone numbers, or sensitive personal data.
Illegal Activity: Engaging in or promoting illegal activities, including drug use, human trafficking, or financial fraud.
Unauthorized Sharing of Premium Content: Distributing paid content without permission.
Promotion of Self-Harm & Dangerous Activities: Encouraging or glorifying self-harm, suicide, or other harmful behaviors.
Spamming & Malicious Links: Posting repetitive, irrelevant, or misleading content, including phishing links.
Unlawful Uses of Content: Using Dayout to facilitate unlawful activities or share illegal content.
Violent Content & Threats: Posting graphic violence, threats of harm, or incitement to violence.
17. No Endorsement of User Content
Dayout does not endorse or verify any content, plans, or actions shared by users on the Platform. Users are solely responsible for their posted content and any consequences arising from their activities on the Platform.
18. Moderation & Enforcement
Dayout employs a human review system to enforce our policies. Users can report violations via the in-app report button. We reserve the right to remove content or suspend accounts without prior notice. We understand that mistakes are made and based on the severity of the violation we might notify the user with a warning but that is up to the discretion of Dayout.
