Terms of Service

3.1 Account Creation

To use the Service as a Host, you must create an account using one of our supported authentication methods:

• Phone OTP (one-time password via SMS)
• Email OTP (one-time password via email)
• Google OAuth (Sign in with Google)

You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 One Account Per User

Creating multiple accounts for fraudulent purposes or to circumvent restrictions is prohibited.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, fraudulent activity, or any other reason we deem appropriate.

5.1 Hosting Model

Invitations are hosted on a pay-per-day basis. Pricing varies based on selected duration, with tier discounts available for longer hosting periods. Hosting begins once payment is successfully processed.

5.2 Invitation Lifecycle

Invitations may transition between the following states:

Draft → Live → Paused → Completed → Expired → Archived

We reserve the right to suspend or remove invitations that violate these Terms.

6.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable local, state, national, or international law
• Send spam, unsolicited messages, or fraudulent invitations
• Harass, abuse, or harm others through the Service
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems (bots, scrapers) to access the Service
• Reverse engineer, decompile, or attempt to extract source code
• Misuse SMS or broadcast features
• Violate privacy or TCPA regulations

6.2 Guest Consent and Privacy

When you use the Service to send invitations or broadcast messages, you act as a data controller for your guests' information. You represent and warrant that:

• You have obtained proper consent from guests to contact them via SMS/email
• You comply with all applicable privacy and anti-spam laws (including TCPA, CAN-SPAM, GDPR)
• Guest information you provide is accurate and lawfully obtained
• You will not use the Service to send unsolicited commercial messages

Important: You are solely responsible for obtaining consent from your guests and complying with applicable laws. DDay is not liable for your misuse of guest data.

6.3 Content Standards

You are responsible for all content you upload, create, or send through the Service. You agree not to create or send content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Contains hate speech, discrimination, or incites violence
• Infringes intellectual property rights or violates privacy rights
• Contains viruses, malware, or malicious code
• Is sexually explicit or exploits minors
• Promotes illegal activities or goods

7.1 Payment Processing

Payments are processed via Stripe and PayPal. You agree that:

• All fees are displayed prior to purchase
• Hosting fees accrue based on your selected duration
• Keepsake purchases are separate from hosting fees
• You are responsible for all applicable taxes

7.2 Pricing

Current pricing is displayed on our website and in the app. We reserve the right to change pricing at any time with notice. Price changes will not affect orders already placed.

7.3 Order Fulfillment

Digital products (invitation hosting) are typically available immediately upon payment confirmation. Physical products are fulfilled according to their stated timelines.

7.4 Refund Policy

Orders are generally non-refundable. We may issue refunds at our sole discretion for:

• Service outages that prevented invitation access
• Technical errors in order processing
• Other exceptional circumstances determined by us

Refund requests must be submitted within 30 days of purchase.

8.1 Content You Provide

You may upload or submit:

• Photos and images
• Text and invitation content
• Guestbook messages
• Broadcast messages

You retain ownership of your content.

8.2 License to DDay

By uploading content, you grant DDay a non-exclusive, worldwide, royalty-free license to host, store, process, display, and distribute the content solely for operating and improving the Service. This license terminates when you delete your content or account, except for backup copies retained for legal compliance.

8.3 Guest Content

Hosts acknowledge that:

• Guests may upload photos and messages without creating accounts
• Hosts are responsible for moderating guest uploads
• DDay is not responsible for guest-submitted content

10.1 SMS Consent

By providing your phone number, you expressly consent to receive SMS messages from DDay, including authentication codes, invitations, reminders, and service notifications. SMS messaging is subject to TCPA compliance and opt-out requirements.

10.2 Message Frequency and Charges

Message frequency varies based on your activity. Standard message and data rates from your mobile carrier apply. We are not responsible for carrier charges.

10.3 Supported Carriers

The Service supports major U.S. carriers. Message delivery depends on carrier availability and is not guaranteed.

10.4 Opt-Out

You may opt out at any time by replying STOP to any SMS or adjusting settings in your account. Opting out may limit Service functionality.

10.5 No Emergency Use

WARNING: The Service is not intended for emergency communications. Do not use the Service to send time-sensitive emergency notifications. For emergencies, call 911 or your local emergency services.

12.1 Our Intellectual Property

The Service, including all software, designs, templates, text, graphics, logos, and other content (excluding user-generated content), is owned by DDay and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of our content
• Distribute, sell, or license our content
• Remove or alter any proprietary notices
• Use our trademarks without permission

12.2 Your Content

You retain ownership of content you create and upload. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit your content to provide the Service
• Display your invitations to your designated guests
• Create anonymized analytics and aggregated data

This license terminates when you delete your content or account, except for backup copies retained for legal compliance.

12.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without compensation or obligation to you.

12.4 Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, please send a notice to support@dday.io containing:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material that is claimed to be infringing and its location on the Service
• Your contact information (name, address, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

We will respond to valid DMCA notices in accordance with applicable law and may remove or disable access to infringing content.

13.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RELIABILITY.

13.2 No Guarantee of Delivery

We do not guarantee that invitations will be delivered to all recipients. Delivery depends on factors outside our control, including carrier availability, recipient settings, and network conditions.

13.3 Service Availability

We do not guarantee uninterrupted access to the Service. We may modify, suspend, or discontinue the Service at any time without notice.

16.1 Informal Resolution

Before initiating any legal action, you agree to contact us at support@dday.io to attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in the county where you reside or online.

16.3 Class Action Waiver

YOU AND DDAY AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access without first engaging in arbitration.

17.1 By You

You may terminate your account at any time through account settings or by contacting us. Upon termination, your data will be deleted in accordance with our Privacy Policy.

17.2 By Us

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Service or harassment of users
• Non-payment of fees
• Extended period of inactivity
• Any reason at our sole discretion

17.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (including warranties, indemnification, limitations of liability, and dispute resolution) will continue to apply.

18.1 Governing Law

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

18.2 Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or in-app notification. Continued use after changes constitutes acceptance of the updated Terms.

18.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

18.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.5 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

18.6 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DDay regarding the Service and supersede all prior agreements.

18.7 Electronic Communications

By using the Service, you consent to receive communications from us electronically, including via email, SMS, and in-app notifications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.