Usage Agreement

1. Who May Use dearday

You must be at least 13 years old to use dearday. If you are under the age of majority where you live, your parent or legal guardian must accept this Agreement on your behalf.

To create or host an event, you must be at least 18 years old and have reached the age of majority where you live.

If you use dearday on behalf of an organization, you represent that you have authority to accept this Agreement for that organization.

2. Accounts and Guest Access

Some features require an account. Guests may also participate through the App Clip or other supported guest-access features.

You must provide accurate information, protect your login credentials, and use only accounts and guest identities you are authorized to access. Notify us at [email protected] if you suspect unauthorized access.

You are responsible for your conduct and content whether you participate through an account or as a guest. Uninstalling the app or removing the App Clip does not, by itself, delete your account or contributed photos.

3. Events and Photo Access

dearday lets event hosts collect photos contributed by guests into a shared event album.

Unless otherwise clearly disclosed in the Service:

• Hosts can view contributed photos as they are uploaded.
• Before an event ends, guests can view their own photos.
• After the event ends, guests can view the shared event album.
• Hosts can end an event early. Doing so brings forward the album reveal and the start of its photo-retention period.
• Hosts can remove photos from their events.
• Guests can delete their own photos using the available controls.

Hosts are responsible for distributing event invitations, links, and codes appropriately. Anyone who receives a valid invitation link or code may be able to access the event. Share invitations only with intended participants.

A host’s removal of a photo or a participant’s access does not delete copies already downloaded or saved by others.

4. Purchases and Refunds

dearday may offer paid event plans or additional features. The price, participant limits, included features, and any applicable conditions will be shown before purchase.

Current paid plans are one-time purchases, not recurring subscriptions.

Purchases made through Apple are processed through your Apple account and are subject to Apple’s payment and refund procedures. Refund requests for those purchases must be submitted through Apple. Nothing in this Agreement limits refund or other consumer rights provided by applicable law.

Ending an event early, deleting an event or account, or choosing not to use a purchased feature does not automatically entitle you to a refund, except where required by law or applicable purchase terms.

Changes to pricing apply to future purchases and will not retroactively change an already completed purchase.

For purchase-related technical problems, contact [email protected].

5. Your Photos and Permissions

Ownership

You retain any ownership rights you hold in the photos and other content you contribute (“Your Content”). Uploading a photo does not transfer its copyright to dearday or the host.

You must have the rights and permissions necessary to upload and share Your Content, including any consent required from people depicted in it.

Permission to operate the Service

You grant dearday a nonexclusive, worldwide, royalty-free license to store, reproduce, process, transmit, and display Your Content as necessary to operate the Service. This includes making photos available to the event host and authorized participants and allowing our service providers to perform these functions on our behalf.

This permission continues while Your Content is retained under this Agreement, including contributions that remain in other hosts’ albums after your account is deleted.

This license does not authorize dearday to use Your Content in its advertising without separate permission.

Permission for hosts and participants

When you contribute a photo to an event, you authorize the host and participants with access to view, download, save, and share it for personal, noncommercial purposes, including personal social media posts.

Commercial advertising, resale, or other commercial exploitation requires separate permission from the relevant rights holders and, where required, the people depicted.

Permission to keep and use copies lawfully downloaded before deletion survives deletion of the photo or account, subject to these restrictions and applicable law.

6. Photo Retention and Individual Deletion

Photos are retained for one year after the event ends, unless deleted earlier under this Agreement.

If the host ends the event early, the one-year period starts on that earlier end date.

Photos will be deleted from the Service when the retention period expires. They may be deleted sooner when:

• A guest deletes their own photo.
• A host removes a photo or deletes their account.
• dearday removes content for a violation of this Agreement, a legal requirement, or a safety or security reason.
• A valid deletion request requires removal under applicable law.

Download any photos you want to keep before the retention period expires. dearday is not a permanent archive, and deleted photos may not be recoverable.

7. Account Deletion and Contributed Photos

You may request account deletion through the account-deletion controls in the Service.

Events you host. When you delete your account, your hosted events and their albums will be deleted, including photos contributed by guests.

Photos you contributed to other hosts’ events. Deleting your account does not automatically delete photos you contributed to events hosted by others. Those photos remain available until the applicable event’s retention period expires, unless deleted earlier.

We remove your name and profile association from those contributions and display “Deleted user” as the uploader. This changes the attribution; it does not alter the photo or remove people depicted in it.

If you want to remove your contributions, use the photo-deletion controls before deleting your account. For assistance afterward, contact [email protected]. We may need information to verify your request and locate the relevant contributions.

Downloaded copies. Deleting an account, event, or photo from dearday does not delete copies previously downloaded, saved, or shared outside the Service by hosts or other participants.

Nothing in this section limits deletion rights that apply under applicable law. Our Privacy Policy explains any limited retention of records or backup data following deletion.

8. Acceptable Use

You must not:

• Upload unlawful content or violate another person’s privacy, publicity, intellectual-property, or other rights.
• Upload sexual exploitation material, nonconsensual intimate imagery, pornography, or content promoting violence.
• Harass, threaten, discriminate against, impersonate, or exploit another person.
• Access an event without authorization or misuse invitations, links, or codes.
• Distribute malware, interfere with the Service, or attempt to bypass its security or access controls.
• Scrape or collect participant information without authorization.
• Sell or commercially exploit other participants’ photos without the required permissions.

You must not use downloaded photos in a way that violates these restrictions.

9. Reporting, Blocking, and Content Moderation

dearday provides Report Photo and Block Participant features. You may also report concerns to [email protected].

We may review reports, remove content, restrict participation, or suspend or terminate access when reasonably necessary to address violations, unlawful conduct, or safety and security concerns.

Blocking a participant does not recall photos they have already downloaded or guarantee that they cannot obtain content through another participant.

We do not guarantee that we will review every photo before it is displayed. Hosts and guests remain responsible for their own content and conduct.

For copyright complaints, identify the protected work, the allegedly infringing photo and its location, your contact information, and your authority to act for the rights holder.

10. dearday Intellectual Property

dearday’s software, branding, designs, and other materials are owned by us or our licensors. Except for the permissions expressly granted in this Agreement, we reserve our rights in those materials.

You may use the Service for its intended purposes in accordance with this Agreement. You may not copy, resell, or reverse engineer the Service except to the extent applicable law permits.

11. Availability and Changes to the Service

The Service depends on compatible devices, operating systems, internet access, and third-party services. You are responsible for your device and connectivity costs.

Uploads may fail or be delayed because of connectivity problems, device limitations, interruptions, or other technical issues. Keep original copies of important photos.

We may update the Service or change features. If we discontinue a paid feature before providing what you purchased, we will provide an appropriate remedy as required by applicable law and the applicable purchase terms.

12. Suspension and Termination

We may suspend or terminate access when you materially violate this Agreement, create a security or safety risk, or use the Service unlawfully.

Where reasonably practicable, we will provide notice and an opportunity to address the issue. We may act immediately where necessary to prevent harm or comply with law.

Termination does not eliminate obligations incurred before termination. Provisions concerning retained contributions, downloaded copies, intellectual property, liability, and disputes continue to apply where relevant.

13. Disclaimers and Liability

To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available.” We do not guarantee uninterrupted operation, error-free uploads, permanent storage, or that participants will comply with this Agreement.

To the fullest extent permitted by law, dearday is not liable for indirect, incidental, special, or consequential losses arising from use of the Service, including lost profits or loss of data.

dearday’s total liability arising out of or relating to the Service will not exceed the greater of $100 or the amount you paid dearday for the Service during the 12 months before the event giving rise to the claim.

These limitations do not apply to fraud, willful misconduct, gross negligence, or any liability that applicable law does not permit us to exclude or limit. Nothing in this Agreement excludes mandatory consumer rights.

14. Apple and Third-Party Services

Apple is not the operator of dearday. Apple’s applicable terms govern your use of the App Store and Apple’s purchase services. The applicable Apple Standard End User License Agreement governs the application license unless a valid custom license is supplied.

Links to third-party websites or services are provided for convenience. Their operators are responsible for their services and policies.

15. Governing Law and Disputes

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict-of-laws rules.

Unless applicable law requires otherwise, disputes will be brought in state or federal courts located in Allegheny County, Pennsylvania. Mandatory consumer protections and rights to bring claims in another jurisdiction remain unaffected.

You may contact [email protected] to seek an informal resolution. Doing so is not a prerequisite to exercising your legal rights.

16. Changes to This Agreement

We may update this Agreement as the Service evolves. We will post the revised Agreement with an updated effective date and provide reasonable notice of material changes.

Where required by law, we will obtain your agreement before applying a change. Changes will not retroactively remove rights that have already accrued.

17. General Terms

If a provision is found unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver of our right to enforce it later.

This Agreement and any purchase-specific terms disclosed and accepted at checkout constitute the agreement between you and dearday concerning use of the Service.

18. Contact

dearday

Orta Interactive Studio LLC

4620 Henry St, Pittsburgh, PA 15213

United States

[email protected]