Terms of Service

Updated June 2, 2026

Daysies GENERAL TERMS AND CONDITIONS

Terms of Use. These terms set forth the legally binding terms, conditions, policies and notices ("Terms") for your use of the website at www.Daysies.com and all other sites and sub-domains owned and operated by Daysies ("Daysies") that redirect users to www.Daysies.com 1. (collectively, the "Site"), and the service and platform owned and operated by Daysies (together with the Site, the "Service"). By using the Service, by visiting or browsing the Site, or by contributing any content, information, or other materials or services to the Site, you agree to be bound by these Terms. Some parts of the Service are offered at no charge, and some features may require paid purchases (including creator credits). If you believe that a Message was posted in violation of these Posting Rules or these Terms or Privacy Policy, please copy the text of the Message into an email and submit to support@Daysies.com. Daysies may, but typically will not, acknowledge receipt of your complaint. You agree that Daysies cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Service. For more information on submitting complaints, please contact support@Daysies.com. Without limiting Daysies' rights or remedies, violations of any of the above rules may result in a warning notification, removal of offending content or termination of the offending account.
Registration.
1. You may not use or register for the Service if you are under 13 years old in the United States or the United Kingdom, or under 16 years old in any other country. By registering for or using the Service, you represent and warrant that you meet the minimum age requirement applicable to your location. If you are under 18 years old, you also represent that your parent or legal guardian has reviewed and agreed to these Terms and consents to your use of the Service.
2. Your participation in the Service may require that you supply certain information to Daysies. If so requested, you shall provide accurate, complete, and updated registration information; failure to do so may constitute a breach of the Terms, which may result in the immediate termination of your account. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. Personal information supplied by you shall be subject to Daysies' Privacy Policy, which is incorporated in these Terms by this reference. Daysies shall have the right to distribute such registration information to Organizers and as otherwise permitted in the Privacy Policy, and otherwise processed in the United States. Daysies is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Daysies shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Service.b. You shall not use a user or screen name that: (i) Is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person; or (iii) is vulgar, offensive, slanderous, libelous, or obscene.
3. Daysies reserves the right in its sole discretion to refuse your registration. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another person's account without their express permission. You shall immediately notify Daysies in writing of any unauthorized use of your account or other known account-related security breaches. You may still view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may still be required to register with Daysies in order to use certain Services. If you elect not to register and provide such information, you may not be able to access certain content or participate in certain features of the Services or any features at all.
4. When you elect to participate and register to use the Service, Daysies may automatically create an account using your Facebook or Google credentials (e.g., username, password) and add the Daysies application to your account and privacy settings via Facebook Connect (or the designated Facebook interactive platform) or your Google Account. You shall consent to all Facebook or Google Permissions to allow Daysies to receive user information and to take all necessary actions via Facebook Connect or Google.
5. Daysies shall have the right to store data and information and to distribute such data and information to Organizers, subject to Daysies' Privacy Policy, these Terms, or any other public policy, statutes, and/or regulations, including but not limited to:
  1. Your Facebook identification, email, first and last name, gender, list of Facebook friends, Facebook tokens for authentication and authorization, current city and hometown information;
  2. Your Google identification, email, first and last name, gender, birthday, Google tokens for authentication and authorization, and Google user name;
  3. Your YouTube identification, email, first and last name, gender, user name and Google tokens for authentication and authorization;
  4. Your Spotify identification, Spotify tokens for authentication and authorization, Spotify username, and recent listening history;
  5. Your Twitter identification, Twitter tokens for authentication and authorization, Twitter name and screen name; and
  6. Your promotion and activity details.

For more information on how Daysies' information collection and use practices, please see Daysies' Privacy Policy.

Rules and Conduct.
1. As a condition of your use of the Service, you shall not use the Service for any purpose that is prohibited by the Terms or other applicable law.
2. You shall not directly or indirectly: (i) take any action that imposes or may impose (as determined by Daysies in its sole discretion) an unreasonable or disproportionately large load on Daysies' or its third-party providers' infrastructure, or otherwise "floods" or overburdens the Service; (ii) interfere or attempt to interfere with, impair, or disable the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Daysies may use to prevent or restrict access to the Service (or other accounts, systems, or networks connected to the Service); (iv) run any form of auto-responder, spam, software, or device to "crawl" or data-mine the Site or Service, or any automated devise or program that submits postings in bulk, at regular intervals (without being manually entered), or in any way is considered "gaming the system"; (v) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (vi) modify, translate, or otherwise create derivative works based upon of any part of the Service; (vii) attempt to gain unauthorized access to Daysies' computer systems, database, and user information not made available or provided through the Site; or (viii) impersonate any person or entity, including but not limited to any Organizer, employee, or representative of Daysies, or otherwise employ misleading e-mail addresses or identifiers to disguise your identification.
3. You may not use the Service to create, upload, publish, or distribute any game, level, prompt, image, text, audio, or other material that is illegal, infringing, deceptive, hateful, sexually exploitative, violent, harassing, invasive of privacy, or otherwise harmful, unsafe, or contrary to community standards set by Daysies. You may not attempt to evade moderation controls or enforcement actions.
4. Daysies may investigate conduct and content for abuse, fraud, chargeback risk, policy violations, or legal risk. We may remove content, restrict visibility, limit feature access, suspend monetization tools, freeze or forfeit credits associated with abuse, and suspend or terminate accounts at any time, with or without notice, subject to applicable law.
Third-Party Sites. The Site may link to other websites or resources on the Internet (e.g., SoundCloud, Spotify), and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Daysies' control, and you acknowledge that Daysies is not liable for the content, products, services, function, legality, or any other aspect and/or materials available via those other websites or resources. You further acknowledge and agree that Daysies shall not be liable for any damage as a result from or related to the use of any content, goods or services available through any third-party website or resource.
Content.
1. All postings, e-mails, texts, file, sound recordings, musical compositions, videos, photographs, images, artwork, data, metadata, software, trademarks, copyrights, and other materials and information (collectively, "Content") posted, transmitted, uploaded, stored, reproduced, distributed, marketed, performed, and downloaded by you through the Site and Service shall be your sole responsibility. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
2. By submitting Content on the Site, including creator studio submissions and user-generated games, you hereby grant to Daysies, its users and licensees, the following gratis/royalty-free, perpetual, irrevocable, worldwide right and license to (i) edit, modify, prepare derivative works of, reproduce, host, display, publicly perform, stream, transmit, copy, market, reproduce, digitally distribute, and otherwise use your Content, as applicable, in connection with operating, improving, securing, promoting, and marketing the Service and Site, and (ii) to take whatever other action is necessary to perform and market the Service.
3. You further grant to Daysies the right and license to use and publish, and permit others to use and publish, your name, screen name, likeness(es), and personal and biographical materials in connection with the Service.
4. You shall not, and shall not permit any third party using your account to, take any action or submit Content that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; (ii) you know is false, misleading, or inaccurate; (iii) is unlawful, threatening, abusive, harassing, discriminating, defamatory, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy; (iv) constitutes unsolicited or unauthorized advertising, solicitation, promotional material, junk mail, or spam; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or system, or to obtain unauthorized access to such software, hardware or system; or (vi) is made in breach of any legal or contractual duty owed to a third party.
5. Daysies does not control, and is not responsible for, Content made available through the Service. Daysies makes no representation or warranty with respect to such Content, and any Content accessed through the Service shall be at your own risk. Daysies neither endorses nor is responsible for the accuracy, completeness, or reliability of any information, opinion, statement, or any Content made available on the Site. In no circumstances will Daysies be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Daysies does not pre-screen or approve Content, but that Daysies shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is made available via the Service for any reason. Daysies does not guarantee that your Content will be made available through the Service.
6. As between you and Daysies, Daysies owns all right, title, and interest in and to the Service, creator studio tools, game templates, mechanics, and all related software, inventions, datasets, and derivative works, except for rights in your pre-existing content that cannot be assigned under applicable law.
7. You retain ownership of your original content and inputs that you submit to the Service (including chat messages, prompts, files, and other user-provided materials) ("User Input"), subject to the license you grant in these Terms so Daysies can operate, secure, and improve the Service.
8. Except where applicable law requires otherwise, Daysies-owned features, templates, and system-generated materials are part of the Service and may be used by Daysies to provide and improve the Service.
Creator Credits; Payments; Refund Policy.
1. Daysies may offer virtual credits and other digital balances that can be purchased and used for creator studio features and other Services. Credits are licensed, not sold, have no cash value, are non-transferable, and may be revoked, restricted, or modified for policy, legal, operational, or security reasons.
2. All purchases are final. Prices may be subject to applicable taxes, which will be calculated and displayed at checkout. Credits are non-refundable.
3. If applicable law requires a refund right, Daysies may provide the minimum refund required by that law. Any exception to this refund policy is at Daysies' sole discretion and does not waive this policy for future cases.
4. You are responsible for all taxes, fees, and charges associated with purchases on your account. You authorize Daysies and its payment processors (including Stripe) to charge your selected payment method.
5. If your payment is reversed, charged back, disputed, or flagged as fraudulent, Daysies may suspend your account, revoke related credits or access, and recover losses, fees, and collection costs to the extent permitted by law.
6. Free credits, promotional credits, and sign-up incentives are limited offers and may be restricted to one person and one household. Creating or controlling multiple accounts (including with different email addresses, devices, payment methods, or identities) to obtain duplicate promotional benefits is prohibited and may result in reversal or forfeiture of credits, account suspension/termination, and disqualification from future promotions.
7. Where the Service attributes credits or other in-service value based on user payments, calculations may be made on a net basis after deductions for payment processing fees, platform/service fees, applicable sales/use/value-added or similar taxes, withholding amounts required by law, refunds, chargebacks, disputes, fraud losses, and related costs. Daysies may adjust balances to reflect these deductions and related corrections.
8. Play Milestone Credits. Daysies may award creator credits when a published game reaches milestone thresholds of unique players (for example, 10, 100, and 1,000 unique players). The following rules govern how milestone credits are counted and awarded:
  1. A "unique player" is a distinct person or device that completes or substantially engages with a game, as determined by Daysies using device fingerprinting, session signals, and other fraud-detection methods in its sole discretion.
  2. Plays by the game's creator are always excluded from the unique player count, regardless of the device or account used.
  3. Each device or browser fingerprint counts once per game; repeated plays from the same device, browser, or fingerprint do not generate additional unique-player credit toward milestones.
  4. The following conduct is expressly prohibited and constitutes gaming the system: (i) using multiple devices, accounts, browsers, private/incognito sessions, VPNs, proxies, Tor, or similar tools with the intent to artificially inflate a game's unique player count; (ii) recruiting, paying, coordinating, or otherwise organizing other people or accounts to play a game solely to inflate the unique player count; (iii) using bots, scripts, automation tools, headless browsers, or any non-human traffic to register plays; or (iv) any other method intended to generate plays that do not represent genuine, independent human engagement with the game.
  5. Daysies uses automated and manual review to detect fraudulent or manipulated play counts. If Daysies determines, in its sole discretion, that a milestone was reached through any prohibited conduct, Daysies may: reverse milestone credit awards; permanently disqualify the affected game from future milestone awards; forfeit all or part of the account's credit balance; suspend or terminate the account; and take any other remedial action permitted by these Terms or applicable law.
  6. Milestone credits have no cash value and are not redeemable for money. They may only be used to create games within the Service, subject to these Terms.
9. Creator Credit Tips. Daysies may enable players to purchase creator credits and send them as tips to game creators ("Tips"). The following rules apply:
  1. Tips are real-money purchases processed by Stripe, subject to these Terms and Stripe's terms of service. The purchaser's payment method is charged at the time of checkout.
  2. Upon successful payment, the designated number of creator credits is added to the recipient creator's balance, subject to any adjustments required under Section 4.7.
  3. Tips are non-refundable except where required by applicable law or at Daysies' sole discretion. Chargebacks or payment disputes filed against a tip may result in the corresponding credits being forfeited from the recipient's balance and the tipper's account being subject to action under Section 3.4.
  4. The following conduct related to Tips is expressly prohibited: (i) creating or using alternate accounts, stolen or unauthorized payment methods, or coordinating with others to send tips that will be returned, shared, or otherwise cycled back to the sender ("tip farming" or "credit laundering"); (ii) using Tips to circumvent purchase limits or promotional restrictions; and (iii) any other use of the tip feature intended to manipulate credit balances rather than to genuinely support a creator.
  5. Daysies may monitor tip patterns and, if it determines that Tips are being used abusively, may reverse tip credits, suspend tip functionality for an account, forfeit credits, and/or suspend or terminate accounts involved.
Copyright Policy and Notifications.
1. Daysies will remove infringing materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the Content infringes another's copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Daysies at support@Daysies.com. Your notice must contain the following information (please confirm these requirements with legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the work that you claim has been infringed;
  3. a description of the material that is claimed to be infringing and where such material is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. If you believe that your work has been removed or disabled by mistake or misidentification, please notify Daysies in writing at Daysies: P.O. Box 434016, St. Louis, MO, 63143. Your counter-notice must contain the following information (please confirm these requirements with legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
  1. a physical or electronic signature of the user of the Services;
  2. identification of the material that has been removed or the access has been disabled, and the location at which the material appeared before it was removed or access disabled;
  3. a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.
Termination. Daysies may terminate or suspend your access to the Service without cause or prior notice, which may result in the forfeiture and loss of information associated with your account, including unused credits where permitted by law. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of the Terms that by their nature would survive termination shall appropriately survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Warranties and Representations/Disclaimers.
1. You hereby warrant and represent that: (i) You have the right and power to enter into and fully perform all of your obligations under these Terms; (ii) you have the authority and right to provide Daysies with the rights granted herein; (iii) Daysies' exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person; (iv) the Content shall not violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) all Content is fully licensed; (vi) no agreement of any kind entered into by you will interfere in any manner with Daysies' complete performance of these Terms; (vii) Daysies shall not be required to make any payments to third parties in connection with the use of the Content and operation of the Service, and you will pay all royalties and other amounts that may be owed to any person or entity based on your submission of Content and Daysies’ use of the Content as authorized by these Terms; and (viii) you are at least 13 years old if accessing the Service from the United States or the United Kingdom, and at least 16 years old if accessing the Service from any other country, and if under 18 years of age, you have obtained the consent of a parent or legal guardian to use the Service and to be bound by these Terms.
2. The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and without any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
3. Daysies makes no warranty or representation that: (i) The Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements or the results you desire are obtained. Your use of the Service is solely at your own risk, knowing and understanding all such risks.
Limitation of Liability. In no event shall Daysies, its owners, shareholders, members, directors, employees, agents, partners, licensees, representatives, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service for (a) any damage to your computer system, lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (b) any bugs, viruses, or the like (regardless of the source of origination). Notwithstanding anything to the contrary contained herein, Daysies' liability to you for any cause, regardless of the form of the action, will be limited to injunctive relief only, unless otherwise permitted by law, and you shall not be entitled to damages of any kind from Daysies.
Indemnification. You shall defend, indemnify, and hold Daysies, its affiliates, licensees, employees, contractors, agents, and representatives harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of, or access to, the Service and Content, your violation of any warranties, representations, or agreements made under the Terms, your infringement of any Content, or from any third party improperly using your account. Daysies reserves the right to control defense of any claim otherwise subject to indemnification by you, but you shall assist and cooperate with Daysies in providing any defense.
Electronic Delivery/Notice Policy. By using the Services, you consent to receive from Daysies all communications, including notices, agreements, legally required disclosures, or other information in connection with the Services electronically at the e-mail provided by you. Daysies may also provide such notices by posting them on the Site.
Miscellaneous.
1. Daysies shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Daysies' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. Daysies may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms, and neither party has any authority of any kind to bind the other in any respect.
2. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover court costs and reasonable attorneys' fees.
3. No failure by Daysies to perform any of its material obligations hereunder shall be deemed to be a breach of these Terms until written notice of such failure has been sent to Daysies (e-mail notice shall suffice), and such failure has not been corrected within thirty (30) days after Daysies' receipt of such notice.
4. These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Missouri and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that any available claim arising out of or relating to these terms may only be filed only in the state or federal courts located in Missouri and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SERVICE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
5. The Terms and other referenced material contain the entire agreement between you and Daysies with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether verbal, written or electronic). If any provision hereof is found to be unenforceable, unlawful, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the rest of the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. This Site is owned and operated by Daysies: All of the content created by Daysies and featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, trademarks, recordings, illustrations and software is owned or controlled by Daysies. Specifically, Daysies, Daysies.com, the Daysies logo(s) and other marks identifying Daysies products and services are trademarks of Daysies and may not be used without the prior written approval of Daysies. Content on this Service that is provided by Daysies or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Daysies Content") is the property of Daysies and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display or use any Daysies Content located on the Service for use in any publications, in public performances, on websites other than this Service for any other commercial purpose, in connection with products or services that are not those of Daysies, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Daysies and/or its licensors, that dilutes the strength of Daysies' or its licensor's property, or that otherwise infringes Daysies' or its licensors' intellectual property rights. You further agree to in no other way misuse any Daysies Content or Content that appears on this Service. Except as explicitly permitted under these Terms or by a written agreement with Daysies, no portion or element of this Site or Service may be copied or retransmitted via any means or format; the Site and all related rights shall remain the exclusive property of Daysies.
Acceptance of Terms.
1. The Service is offered subject to the acceptance of these Terms, and all other operating rules, policies, and procedures that may be published on the Site by Daysies, which are incorporated by reference.
2. Daysies reserves the right, at its sole discretion, to modify or replace these Terms or other supplementary rules by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes; provided, however, that your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
3. Daysies reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Daysies may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that you do not have any rights in this Service and that Daysies will have no liability to you if this Service is discontinued or your ability to access the Service or any content you may have posted on the Service is terminated.

Terms of Service

Updated June 2, 2026

Daysies GENERAL TERMS AND CONDITIONS

Terms of Use. These terms set forth the legally binding terms, conditions, policies and notices ("Terms") for your use of the website at www.Daysies.com and all other sites and sub-domains owned and operated by Daysies ("Daysies") that redirect users to www.Daysies.com 1. (collectively, the "Site"), and the service and platform owned and operated by Daysies (together with the Site, the "Service"). By using the Service, by visiting or browsing the Site, or by contributing any content, information, or other materials or services to the Site, you agree to be bound by these Terms. Some parts of the Service are offered at no charge, and some features may require paid purchases (including creator credits). If you believe that a Message was posted in violation of these Posting Rules or these Terms or Privacy Policy, please copy the text of the Message into an email and submit to support@Daysies.com. Daysies may, but typically will not, acknowledge receipt of your complaint. You agree that Daysies cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Service. For more information on submitting complaints, please contact support@Daysies.com. Without limiting Daysies' rights or remedies, violations of any of the above rules may result in a warning notification, removal of offending content or termination of the offending account.
Registration.
1. You may not use or register for the Service if you are under 13 years old in the United States or the United Kingdom, or under 16 years old in any other country. By registering for or using the Service, you represent and warrant that you meet the minimum age requirement applicable to your location. If you are under 18 years old, you also represent that your parent or legal guardian has reviewed and agreed to these Terms and consents to your use of the Service.
2. Your participation in the Service may require that you supply certain information to Daysies. If so requested, you shall provide accurate, complete, and updated registration information; failure to do so may constitute a breach of the Terms, which may result in the immediate termination of your account. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. Personal information supplied by you shall be subject to Daysies' Privacy Policy, which is incorporated in these Terms by this reference. Daysies shall have the right to distribute such registration information to Organizers and as otherwise permitted in the Privacy Policy, and otherwise processed in the United States. Daysies is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Daysies shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Service.b. You shall not use a user or screen name that: (i) Is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person; or (iii) is vulgar, offensive, slanderous, libelous, or obscene.
3. Daysies reserves the right in its sole discretion to refuse your registration. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another person's account without their express permission. You shall immediately notify Daysies in writing of any unauthorized use of your account or other known account-related security breaches. You may still view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may still be required to register with Daysies in order to use certain Services. If you elect not to register and provide such information, you may not be able to access certain content or participate in certain features of the Services or any features at all.
4. When you elect to participate and register to use the Service, Daysies may automatically create an account using your Facebook or Google credentials (e.g., username, password) and add the Daysies application to your account and privacy settings via Facebook Connect (or the designated Facebook interactive platform) or your Google Account. You shall consent to all Facebook or Google Permissions to allow Daysies to receive user information and to take all necessary actions via Facebook Connect or Google.
5. Daysies shall have the right to store data and information and to distribute such data and information to Organizers, subject to Daysies' Privacy Policy, these Terms, or any other public policy, statutes, and/or regulations, including but not limited to:
  1. Your Facebook identification, email, first and last name, gender, list of Facebook friends, Facebook tokens for authentication and authorization, current city and hometown information;
  2. Your Google identification, email, first and last name, gender, birthday, Google tokens for authentication and authorization, and Google user name;
  3. Your YouTube identification, email, first and last name, gender, user name and Google tokens for authentication and authorization;
  4. Your Spotify identification, Spotify tokens for authentication and authorization, Spotify username, and recent listening history;
  5. Your Twitter identification, Twitter tokens for authentication and authorization, Twitter name and screen name; and
  6. Your promotion and activity details.

For more information on how Daysies' information collection and use practices, please see Daysies' Privacy Policy.

Rules and Conduct.
1. As a condition of your use of the Service, you shall not use the Service for any purpose that is prohibited by the Terms or other applicable law.
2. You shall not directly or indirectly: (i) take any action that imposes or may impose (as determined by Daysies in its sole discretion) an unreasonable or disproportionately large load on Daysies' or its third-party providers' infrastructure, or otherwise "floods" or overburdens the Service; (ii) interfere or attempt to interfere with, impair, or disable the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Daysies may use to prevent or restrict access to the Service (or other accounts, systems, or networks connected to the Service); (iv) run any form of auto-responder, spam, software, or device to "crawl" or data-mine the Site or Service, or any automated devise or program that submits postings in bulk, at regular intervals (without being manually entered), or in any way is considered "gaming the system"; (v) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (vi) modify, translate, or otherwise create derivative works based upon of any part of the Service; (vii) attempt to gain unauthorized access to Daysies' computer systems, database, and user information not made available or provided through the Site; or (viii) impersonate any person or entity, including but not limited to any Organizer, employee, or representative of Daysies, or otherwise employ misleading e-mail addresses or identifiers to disguise your identification.
3. You may not use the Service to create, upload, publish, or distribute any game, level, prompt, image, text, audio, or other material that is illegal, infringing, deceptive, hateful, sexually exploitative, violent, harassing, invasive of privacy, or otherwise harmful, unsafe, or contrary to community standards set by Daysies. You may not attempt to evade moderation controls or enforcement actions.
4. Daysies may investigate conduct and content for abuse, fraud, chargeback risk, policy violations, or legal risk. We may remove content, restrict visibility, limit feature access, suspend monetization tools, freeze or forfeit credits associated with abuse, and suspend or terminate accounts at any time, with or without notice, subject to applicable law.
Third-Party Sites. The Site may link to other websites or resources on the Internet (e.g., SoundCloud, Spotify), and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Daysies' control, and you acknowledge that Daysies is not liable for the content, products, services, function, legality, or any other aspect and/or materials available via those other websites or resources. You further acknowledge and agree that Daysies shall not be liable for any damage as a result from or related to the use of any content, goods or services available through any third-party website or resource.
Content.
1. All postings, e-mails, texts, file, sound recordings, musical compositions, videos, photographs, images, artwork, data, metadata, software, trademarks, copyrights, and other materials and information (collectively, "Content") posted, transmitted, uploaded, stored, reproduced, distributed, marketed, performed, and downloaded by you through the Site and Service shall be your sole responsibility. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
2. By submitting Content on the Site, including creator studio submissions and user-generated games, you hereby grant to Daysies, its users and licensees, the following gratis/royalty-free, perpetual, irrevocable, worldwide right and license to (i) edit, modify, prepare derivative works of, reproduce, host, display, publicly perform, stream, transmit, copy, market, reproduce, digitally distribute, and otherwise use your Content, as applicable, in connection with operating, improving, securing, promoting, and marketing the Service and Site, and (ii) to take whatever other action is necessary to perform and market the Service.
3. You further grant to Daysies the right and license to use and publish, and permit others to use and publish, your name, screen name, likeness(es), and personal and biographical materials in connection with the Service.
4. You shall not, and shall not permit any third party using your account to, take any action or submit Content that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; (ii) you know is false, misleading, or inaccurate; (iii) is unlawful, threatening, abusive, harassing, discriminating, defamatory, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy; (iv) constitutes unsolicited or unauthorized advertising, solicitation, promotional material, junk mail, or spam; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or system, or to obtain unauthorized access to such software, hardware or system; or (vi) is made in breach of any legal or contractual duty owed to a third party.
5. Daysies does not control, and is not responsible for, Content made available through the Service. Daysies makes no representation or warranty with respect to such Content, and any Content accessed through the Service shall be at your own risk. Daysies neither endorses nor is responsible for the accuracy, completeness, or reliability of any information, opinion, statement, or any Content made available on the Site. In no circumstances will Daysies be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Daysies does not pre-screen or approve Content, but that Daysies shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is made available via the Service for any reason. Daysies does not guarantee that your Content will be made available through the Service.
6. As between you and Daysies, Daysies owns all right, title, and interest in and to the Service, creator studio tools, game templates, mechanics, and all related software, inventions, datasets, and derivative works, except for rights in your pre-existing content that cannot be assigned under applicable law.
7. You retain ownership of your original content and inputs that you submit to the Service (including chat messages, prompts, files, and other user-provided materials) ("User Input"), subject to the license you grant in these Terms so Daysies can operate, secure, and improve the Service.
8. Except where applicable law requires otherwise, Daysies-owned features, templates, and system-generated materials are part of the Service and may be used by Daysies to provide and improve the Service.
Creator Credits; Payments; Refund Policy.
1. Daysies may offer virtual credits and other digital balances that can be purchased and used for creator studio features and other Services. Credits are licensed, not sold, have no cash value, are non-transferable, and may be revoked, restricted, or modified for policy, legal, operational, or security reasons.
2. All purchases are final. Prices may be subject to applicable taxes, which will be calculated and displayed at checkout. Credits are non-refundable.
3. If applicable law requires a refund right, Daysies may provide the minimum refund required by that law. Any exception to this refund policy is at Daysies' sole discretion and does not waive this policy for future cases.
4. You are responsible for all taxes, fees, and charges associated with purchases on your account. You authorize Daysies and its payment processors (including Stripe) to charge your selected payment method.
5. If your payment is reversed, charged back, disputed, or flagged as fraudulent, Daysies may suspend your account, revoke related credits or access, and recover losses, fees, and collection costs to the extent permitted by law.
6. Free credits, promotional credits, and sign-up incentives are limited offers and may be restricted to one person and one household. Creating or controlling multiple accounts (including with different email addresses, devices, payment methods, or identities) to obtain duplicate promotional benefits is prohibited and may result in reversal or forfeiture of credits, account suspension/termination, and disqualification from future promotions.
7. Where the Service attributes credits or other in-service value based on user payments, calculations may be made on a net basis after deductions for payment processing fees, platform/service fees, applicable sales/use/value-added or similar taxes, withholding amounts required by law, refunds, chargebacks, disputes, fraud losses, and related costs. Daysies may adjust balances to reflect these deductions and related corrections.
8. Play Milestone Credits. Daysies may award creator credits when a published game reaches milestone thresholds of unique players (for example, 10, 100, and 1,000 unique players). The following rules govern how milestone credits are counted and awarded:
  1. A "unique player" is a distinct person or device that completes or substantially engages with a game, as determined by Daysies using device fingerprinting, session signals, and other fraud-detection methods in its sole discretion.
  2. Plays by the game's creator are always excluded from the unique player count, regardless of the device or account used.
  3. Each device or browser fingerprint counts once per game; repeated plays from the same device, browser, or fingerprint do not generate additional unique-player credit toward milestones.
  4. The following conduct is expressly prohibited and constitutes gaming the system: (i) using multiple devices, accounts, browsers, private/incognito sessions, VPNs, proxies, Tor, or similar tools with the intent to artificially inflate a game's unique player count; (ii) recruiting, paying, coordinating, or otherwise organizing other people or accounts to play a game solely to inflate the unique player count; (iii) using bots, scripts, automation tools, headless browsers, or any non-human traffic to register plays; or (iv) any other method intended to generate plays that do not represent genuine, independent human engagement with the game.
  5. Daysies uses automated and manual review to detect fraudulent or manipulated play counts. If Daysies determines, in its sole discretion, that a milestone was reached through any prohibited conduct, Daysies may: reverse milestone credit awards; permanently disqualify the affected game from future milestone awards; forfeit all or part of the account's credit balance; suspend or terminate the account; and take any other remedial action permitted by these Terms or applicable law.
  6. Milestone credits have no cash value and are not redeemable for money. They may only be used to create games within the Service, subject to these Terms.
9. Creator Credit Tips. Daysies may enable players to purchase creator credits and send them as tips to game creators ("Tips"). The following rules apply:
  1. Tips are real-money purchases processed by Stripe, subject to these Terms and Stripe's terms of service. The purchaser's payment method is charged at the time of checkout.
  2. Upon successful payment, the designated number of creator credits is added to the recipient creator's balance, subject to any adjustments required under Section 4.7.
  3. Tips are non-refundable except where required by applicable law or at Daysies' sole discretion. Chargebacks or payment disputes filed against a tip may result in the corresponding credits being forfeited from the recipient's balance and the tipper's account being subject to action under Section 3.4.
  4. The following conduct related to Tips is expressly prohibited: (i) creating or using alternate accounts, stolen or unauthorized payment methods, or coordinating with others to send tips that will be returned, shared, or otherwise cycled back to the sender ("tip farming" or "credit laundering"); (ii) using Tips to circumvent purchase limits or promotional restrictions; and (iii) any other use of the tip feature intended to manipulate credit balances rather than to genuinely support a creator.
  5. Daysies may monitor tip patterns and, if it determines that Tips are being used abusively, may reverse tip credits, suspend tip functionality for an account, forfeit credits, and/or suspend or terminate accounts involved.
Copyright Policy and Notifications.
1. Daysies will remove infringing materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the Content infringes another's copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Daysies at support@Daysies.com. Your notice must contain the following information (please confirm these requirements with legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the work that you claim has been infringed;
  3. a description of the material that is claimed to be infringing and where such material is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. If you believe that your work has been removed or disabled by mistake or misidentification, please notify Daysies in writing at Daysies: P.O. Box 434016, St. Louis, MO, 63143. Your counter-notice must contain the following information (please confirm these requirements with legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
  1. a physical or electronic signature of the user of the Services;
  2. identification of the material that has been removed or the access has been disabled, and the location at which the material appeared before it was removed or access disabled;
  3. a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.
Termination. Daysies may terminate or suspend your access to the Service without cause or prior notice, which may result in the forfeiture and loss of information associated with your account, including unused credits where permitted by law. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of the Terms that by their nature would survive termination shall appropriately survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Warranties and Representations/Disclaimers.
1. You hereby warrant and represent that: (i) You have the right and power to enter into and fully perform all of your obligations under these Terms; (ii) you have the authority and right to provide Daysies with the rights granted herein; (iii) Daysies' exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person; (iv) the Content shall not violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) all Content is fully licensed; (vi) no agreement of any kind entered into by you will interfere in any manner with Daysies' complete performance of these Terms; (vii) Daysies shall not be required to make any payments to third parties in connection with the use of the Content and operation of the Service, and you will pay all royalties and other amounts that may be owed to any person or entity based on your submission of Content and Daysies’ use of the Content as authorized by these Terms; and (viii) you are at least 13 years old if accessing the Service from the United States or the United Kingdom, and at least 16 years old if accessing the Service from any other country, and if under 18 years of age, you have obtained the consent of a parent or legal guardian to use the Service and to be bound by these Terms.
2. The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and without any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
3. Daysies makes no warranty or representation that: (i) The Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements or the results you desire are obtained. Your use of the Service is solely at your own risk, knowing and understanding all such risks.
Limitation of Liability. In no event shall Daysies, its owners, shareholders, members, directors, employees, agents, partners, licensees, representatives, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service for (a) any damage to your computer system, lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (b) any bugs, viruses, or the like (regardless of the source of origination). Notwithstanding anything to the contrary contained herein, Daysies' liability to you for any cause, regardless of the form of the action, will be limited to injunctive relief only, unless otherwise permitted by law, and you shall not be entitled to damages of any kind from Daysies.
Indemnification. You shall defend, indemnify, and hold Daysies, its affiliates, licensees, employees, contractors, agents, and representatives harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of, or access to, the Service and Content, your violation of any warranties, representations, or agreements made under the Terms, your infringement of any Content, or from any third party improperly using your account. Daysies reserves the right to control defense of any claim otherwise subject to indemnification by you, but you shall assist and cooperate with Daysies in providing any defense.
Electronic Delivery/Notice Policy. By using the Services, you consent to receive from Daysies all communications, including notices, agreements, legally required disclosures, or other information in connection with the Services electronically at the e-mail provided by you. Daysies may also provide such notices by posting them on the Site.
Miscellaneous.
1. Daysies shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Daysies' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. Daysies may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms, and neither party has any authority of any kind to bind the other in any respect.
2. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover court costs and reasonable attorneys' fees.
3. No failure by Daysies to perform any of its material obligations hereunder shall be deemed to be a breach of these Terms until written notice of such failure has been sent to Daysies (e-mail notice shall suffice), and such failure has not been corrected within thirty (30) days after Daysies' receipt of such notice.
4. These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Missouri and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that any available claim arising out of or relating to these terms may only be filed only in the state or federal courts located in Missouri and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SERVICE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
5. The Terms and other referenced material contain the entire agreement between you and Daysies with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether verbal, written or electronic). If any provision hereof is found to be unenforceable, unlawful, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the rest of the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. This Site is owned and operated by Daysies: All of the content created by Daysies and featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, trademarks, recordings, illustrations and software is owned or controlled by Daysies. Specifically, Daysies, Daysies.com, the Daysies logo(s) and other marks identifying Daysies products and services are trademarks of Daysies and may not be used without the prior written approval of Daysies. Content on this Service that is provided by Daysies or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Daysies Content") is the property of Daysies and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display or use any Daysies Content located on the Service for use in any publications, in public performances, on websites other than this Service for any other commercial purpose, in connection with products or services that are not those of Daysies, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Daysies and/or its licensors, that dilutes the strength of Daysies' or its licensor's property, or that otherwise infringes Daysies' or its licensors' intellectual property rights. You further agree to in no other way misuse any Daysies Content or Content that appears on this Service. Except as explicitly permitted under these Terms or by a written agreement with Daysies, no portion or element of this Site or Service may be copied or retransmitted via any means or format; the Site and all related rights shall remain the exclusive property of Daysies.
Acceptance of Terms.
1. The Service is offered subject to the acceptance of these Terms, and all other operating rules, policies, and procedures that may be published on the Site by Daysies, which are incorporated by reference.
2. Daysies reserves the right, at its sole discretion, to modify or replace these Terms or other supplementary rules by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes; provided, however, that your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
3. Daysies reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Daysies may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that you do not have any rights in this Service and that Daysies will have no liability to you if this Service is discontinued or your ability to access the Service or any content you may have posted on the Service is terminated.