Terms of Use

1. Acceptance of Terms

1.1 Agreement Scope.

These Terms apply to all users of the Services. Supplemental terms may apply to specific features or services (e.g., contests, paid features, beta programs). When supplemental terms conflict with these Terms, the supplemental terms control for that specific feature.

1.2 Changes to Terms.

We may modify these Terms at any time in our sole discretion. When changes are made, we will update the "Effective Date" at the top of these Terms and post the revised version on the Services. Continued use after updates constitutes acceptance of the new Terms.

2. Eligibility

You must be at least 16 years old (or the minimum age required by your local jurisdiction to form a binding contract) and legally able to enter into this agreement to use the Services. Access by individuals prohibited under applicable law is not permitted.

3. License to Use the Services

3.1 Limited License.

Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable license to access and use the Services for personal, non‑commercial purposes.

3.2 Restrictions.

You agree not to:

• Copy, republish, distribute, sell, lease, or exploit any portion of the Services or content for commercial purposes
• Reverse engineer, decompile, modify, adapt, or create derivative works from the Services
• Use robots, spiders, scrapers, automation tools, or similar technologies to extract or collect data
• Interfere with the security or functionality of the Services
• Use the Services to send spam, harmful code, or otherwise unlawful content

4. Your Content

4.1 Responsibility.

Any text, images, messages, or material you upload, submit, or make available ("Your Content") is your responsibility. You represent that you have the rights necessary to upload, share, and authorize the uses described in these Terms.

4.2 License to The Dailyist.

By posting Your Content, you grant The Dailyist a perpetual, worldwide, non‑exclusive, royalty‑free, sublicensable, irrevocable right to use, reproduce, adapt, modify, publish, distribute, and display Your Content in connection with operating and providing the Services.

4.3 User Content.

Other users' submissions are not reviewed or endorsed by us. We may remove content that violates these Terms or that we find objectionable at our sole discretion.

5. Third‑Party Content and Links

The Services may contain links to third‑party websites, services, or advertisements ("Third‑Party Content"). We do not control or endorse Third‑Party Content, and you access it at your own risk. These Terms do not govern your interactions with third parties outside of The Dailyist.

6. User Conduct

You agree not to use the Services to:

• Violate any law, regulation, or third‑party rights
• Upload or transmit harmful, defamatory, obscene, or abusive content
• Misrepresent your identity or affiliation
• Interfere with the use of the Services by others
• Attempt to breach security protections

7. Virtual Items and Rewards

If any gamification features, points, virtual currency, or rewards are offered ("Virtual Credits"), such virtual items have no monetary value and cannot be traded or redeemed for real currency outside the Services. Virtual Credits are governed by policies we set and may expire or be revoked at any time.

8. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, The Dailyist disclaims all express and implied warranties, including fitness for a particular purpose and non‑infringement.

9. Limitation of Liability

To the maximum extent permitted by law, The Dailyist and its affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or business interruption, arising from your use of the Services. Our total liability to you for any claim will not exceed the greater of $100 or the amount paid by you to us in the last 12 months (if any).

10. Copyright Policy and DMCA

If you believe your copyrighted work has been used in a way that constitutes infringement, please contact our designated agent with:

• Your contact information
• A description of the copyrighted work
• The location of the infringing material
• A statement of good‑faith belief of infringement
• A statement under penalty of perjury that your claim is accurate

Our DMCA agent contact details will be provided on the Services.

11. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms. Upon termination, the licenses granted under these Terms will end.

12. Governing Law and Dispute Resolution

12.1 Arbitration Agreement.

Except where prohibited, disputes between you and The Dailyist will be resolved by binding arbitration, except that small claims may be brought in court.

12.2 Class Action Waiver.

To the extent permitted by law, disputes will be resolved on an individual basis only, without class actions.

12.3 Opt‑Out Right.

You may opt out of arbitration within 30 days of first agreeing to these Terms by sending a written notice to our legal contact address.

12.4 Governing Law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

13. International Users

The Services are operated from within the United States. If you access the Services from outside the U.S., you consent to U.S. law and assume responsibility for compliance with local laws.

14. Miscellaneous

Electronic Communications: You consent to receive notices electronically.

Assignment: You may not assign these Terms without our consent.

Force Majeure: We are not liable for failure to perform due to causes beyond our control.

Severability: If any part of these Terms is found invalid, the remainder remains in effect.

Contact Information

If you have questions about these Terms, please contact:

The Dailyist
Email: legal@thedailyist.com
3200 Kirkwood Highway #1022
Wilmington, DE 19808