These Terms of Service ("Terms") govern your access to and use of the Daypeak mobile application (the "App") and any related services we provide (collectively, the "Services") operated by Tirvane ("Tirvane", "we", "us", or "our"). By downloading, installing, accessing, or using the Services you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the Services.
You must be at least thirteen (13) years of age (or such higher minimum age as is required by applicable law in your jurisdiction, including sixteen (16) in certain member states of the European Economic Area) to use the Services. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement and consent of a parent or legal guardian. By using the Services you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms.
Certain features of the Services, including shared events, require you to create an account. The Services use Sign in with Apple to authenticate your account. You are responsible for maintaining the confidentiality of the device and Apple ID associated with your account, and for all activities that occur in connection with your account. You agree to notify us promptly at support@daypeak.app of any unauthorized access to, or use of, your account.
You may delete your account at any time from Settings → Account → Delete Account within the App. Account deletion initiates cascading deletion of your event data, photos, authentication records, and revocation of any Sign in with Apple refresh tokens previously issued to us, as further described in our Privacy Policy.
The Services are available on a freemium basis. A free tier of features is available without payment. Premium features (collectively, the "Daypeak Pro" features) are made available through the following purchases, each of which is processed through your Apple ID:
| Plan | Type | Price (USD) | Notes |
|---|---|---|---|
| Weekly | Auto-renewing subscription | $2.99 / week | 3-day free trial available for first-time subscribers. |
| Monthly | Auto-renewing subscription | $7.99 / month | 3-day free trial available for first-time subscribers. |
| Lifetime | Non-consumable one-time purchase | $24.99 | No trial. Eligible for Family Sharing per Apple's rules. |
Prices in currencies other than U.S. dollars are determined by Apple at the time of purchase based on Apple's then-current price tier matrix. Apple may adjust local-currency pricing from time to time without notice to us. The applicable price will be displayed in the App's paywall in your local currency before you confirm any purchase.
Subscription auto-renews unless canceled at least 24 hours before the end of the current period. Payment will be charged to your Apple ID account at confirmation of purchase, and again at each renewal period at the then-current price unless you cancel. You can manage your subscriptions and turn off auto-renewal at any time in Settings → Apple ID → Subscriptions on your Apple device.
If a free trial is offered and you do not cancel at least 24 hours before the end of the trial period, your Apple ID will be charged the applicable subscription price at the end of the trial. Any unused portion of a free trial, where offered, will be forfeited when you purchase a subscription, where applicable.
The Daypeak Lifetime plan is enabled for Apple Family Sharing. Members of your Apple Family will inherit access to Daypeak Pro features when you purchase the Lifetime plan, in accordance with Apple's Family Sharing terms. The Weekly and Monthly subscriptions are not shared with Family members.
All purchases are processed and managed by Apple. Refund requests must be submitted to Apple in accordance with Apple's Media Services Terms and Conditions, generally via reportaproblem.apple.com. We do not process refunds directly. We may, at our discretion and on a goodwill basis, assist you in escalating refund requests to Apple, but we cannot guarantee any particular outcome.
We may add, modify, or discontinue plans and features from time to time, and may adjust pricing for new subscribers. Pricing for existing subscribers will not increase without notice and your opportunity to cancel as required by applicable law and Apple's policies.
Subject to your continued compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use. This license is granted by us; it is not granted by Apple. The App is also subject to the Usage Rules in Apple's then-current Media Services Terms and Conditions, which are incorporated herein by reference.
The Services allow you to create, upload, store, share with other members of a shared event, and otherwise make available certain content, including event titles, dates, categories, notes, reactions, and photographs (collectively, "User Content"). You retain ownership of your User Content. You are solely responsible for your User Content and for the consequences of submitting it through the Services.
You grant Tirvane a worldwide, non-exclusive, royalty-free, sublicensable (solely to the cloud service providers we use to deliver the Services) license to host, store, reproduce, transmit, display, and otherwise use your User Content solely as reasonably necessary to operate, maintain, and improve the Services and to make your User Content available to the other members of any shared event you participate in. This license terminates when you delete the relevant User Content from the Services or close your account, except to the extent the User Content has been shared with other members of an event (in which case those members may retain copies of what was previously made available to them) and except for retention in backups for the limited periods described in our Privacy Policy.
You agree that you will not, and will not attempt to, use the Services or your User Content to:
We reserve the right, but have no obligation, to monitor, screen, edit, refuse, or remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. We use automated content-moderation tooling (including image-classification services) to screen photographs uploaded to shared events. We also accept reports of objectionable User Content through the in-App report mechanism and via support@daypeak.app. We endeavor to action substantiated reports within twenty-four (24) hours.
The Services do not tolerate objectionable content or abusive users. In addition to automated moderation, we provide an in-App mechanism for users to filter objectionable content (the "Block" and "Report" actions on shared event activity), a published support email at support@daypeak.app, and an account-deletion mechanism reachable within two taps of the App's Settings screen. We will take action with respect to reports of objectionable content and will eject abusive users from the Services where appropriate.
Certain features of the Services allow you to create or join "shared events" that are visible to other members. When you join a shared event, the other members may see your User Content that you contribute to that event, your display name, your reactions to other members' contributions, and the timestamps of your activity within the event. You should only join a shared event with persons you trust, and only contribute User Content to a shared event that you are comfortable making visible to all members of that event. You may leave a shared event at any time; doing so does not retroactively remove User Content you previously contributed.
The Services, including the App, all underlying software, the Daypeak name and logo, and all text, graphics, designs, and other content (other than User Content), are owned by Tirvane or its licensors and are protected by intellectual property laws. Except for the limited license expressly granted in Section 4, no rights are granted to you under these Terms by implication, estoppel, or otherwise.
If you choose to submit comments, ideas, suggestions, or feedback regarding the Services to us, you agree that we may use such feedback for any purpose without obligation or compensation to you. You hereby grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate any feedback you provide into the Services without any restriction.
The Services may interoperate with, link to, or surface content from third-party services (including Apple's App Store, payment systems, calendar applications, and push notification infrastructure). We are not responsible for any third-party services or content, including their availability, accuracy, content, or terms. Your dealings with any third party accessed through or in connection with the Services are solely between you and the third party.
You may stop using the Services at any time. You may delete your account from within the App as described in Section 2. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, including if we believe in good faith that you have violated these Terms. Sections 3.4 (Refunds), 5.2 (License to Tirvane), 7 (Intellectual Property), 8 (Feedback), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Governing Law), 16 (Dispute Resolution), and 18 (Miscellaneous) survive termination of these Terms.
We may, from time to time, develop and provide updates to the App, which may include upgrades, bug fixes, patches, and other modifications (collectively, "Updates"). Updates may also modify or delete in their entirety certain features. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features. We may further deploy server-side configuration changes (including remote feature flags and required minimum version thresholds) without notice in order to maintain the security, stability, or compliance of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TIRVANE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIRVANE, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US (THROUGH APPLE) IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tirvane and its affiliates, and its and their respective officers, directors, employees, agents, licensors, and service providers, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of or inability to use the Services; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right.
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the State of Wyoming, U.S.A., without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Nothing in these Terms affects your statutory rights as a consumer to rely on the mandatory provisions of the law of the country in which you reside.
We hope you will contact us first if you have any concerns about the Services, by emailing support@daypeak.app. Most disputes can be resolved informally. If a dispute cannot be resolved informally within thirty (30) days after we receive your written notice, the dispute will be resolved by the state or federal courts located in Wyoming, U.S.A., unless mandatory consumer-protection law in your country of residence grants you the right to bring claims in the courts of your residence, in which case the latter shall apply. To the extent permitted by applicable law, you and we agree that any dispute will be resolved on an individual basis and not as part of any class, consolidated, or representative action.
You acknowledge that these Terms are concluded solely between you and Tirvane, and not with Apple Inc. ("Apple"), and that Tirvane, not Apple, is solely responsible for the App and the content thereof. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Tirvane. Apple is not responsible for addressing any of your claims or the claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
These Terms (together with our Privacy Policy and any other policies referenced herein) constitute the entire agreement between you and Tirvane concerning the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to render it enforceable while preserving the parties' original intent. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in our sole discretion, including in connection with a merger, acquisition, financing, sale of assets, or similar transaction.
We may amend these Terms from time to time. The "Last updated" date at the top of these Terms indicates when these Terms were last revised. If we make a material change, we will provide additional notice (such as via the App or by email) as required by applicable law. Your continued use of the Services after the effective date of the amended Terms constitutes your acceptance of the amended terms, except where additional consent is required by applicable law.
For questions regarding these Terms, please contact us at:
Tirvane
Email: support@daypeak.app