Daypiction

Terms of Service

Version 2.6 · Effective September 21, 2026

Agreement to These Terms

These Terms of Service are a binding agreement between you and dechnologies, llc, a North Carolina limited liability company ("Daypiction," "Company," "we," "us"), governing your use of the Daypiction mobile application and related services (the "Service").

PLEASE READ CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. EXCEPT AS STATED THERE, YOU AND WE AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU WAIVE YOUR RIGHT TO A CLASS ACTION OR JURY TRIAL. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 16.

BY CREATING AN ACCOUNT, TAPPING CONTINUE, OR OTHERWISE USING THE SERVICE, INCLUDING BEFORE YOU CREATE AN ACCOUNT ("GUEST MODE"), YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Eligibility and Accounts

You must be at least 18 years old to use the Service. The Service is only for adults. You represent that you have the legal capacity to enter into these Terms.

You are responsible for your account credentials and all activity under your account. Provide accurate information and do not impersonate anyone.

Guest Mode: portions of the Service may be usable before you create an account; these Terms apply in full to guest use. Guest data is associated with your device; we may delete unclaimed guest data after a reasonable period and have no obligation to preserve or recover it.

2. The Service

Daypiction lets you capture drops on a daily canvas (your "Drop Canvas"). Drops include photos, notes, links, places, media, workouts, and polls your friends can vote on. You can generate AI artwork from your day and share your canvases with accepted friends. Generation can run on request and overnight for eligible days, as Section 5 explains. You can also share public token links or export images for other people.

Optional integrations include Apple Health workout import and home-screen or Lock Screen widgets. Availability depends on your platform, app release, and enabled features. We may add, change, or remove features as Section 13 explains.

3. License and Intellectual Property

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service on devices you own or control, solely for personal, non-commercial use. The Service (including software, design, branding, themes and art styles, and all improvements) is owned by the Company or its licensors; we reserve all rights not expressly granted.

You will not: copy, modify, or create derivative works of the Service; reverse engineer it (except where that restriction is prohibited by law); rent, sell, or transfer it; access it by automated means or harvest data from it; probe or circumvent any security, attestation, rate-limiting, or entitlement measure; use it to benchmark or build a competing product; or remove proprietary notices.

Feedback: if you send us ideas or suggestions, you assign them to us (or, where assignment is not effective, grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license), with no compensation or confidentiality obligation on us.

4. Your Content

You retain ownership of the photos, text, and other content you create or upload (“Your Content”). So we can operate the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers), transferable license to host, store, reproduce, adapt (for example, resizing and thumbnails), create derivative works of (for example, the AI artwork in Section 5 and widget/share renderings), display (solely to the users you have connected with and the surfaces you direct), and distribute Your Content, in each case solely to operate, provide, secure, improve, promote, and develop the Service, for as long as Your Content remains on the Service plus a reasonable backup period. To the extent permitted by law you waive moral rights as needed for this license. We will not use Your Content to train AI models, and we will not use it in outward-facing advertising without your separate consent.

You represent and warrant that you own or have all rights necessary to post Your Content; that it violates no law or third-party right (including intellectual-property, privacy, and publicity rights); and that where it includes other people, you have any permission required to share it.

In-app canvases are visible to mutually accepted friends; there is no public feed. Public share links also let anyone holding the link view its preview without an account. Recipients can capture or forward links and exported images. Revoking a link does not erase copies or cached previews they already received. Share only content you intend those recipients to see.

We have no obligation to monitor content, but we may review, restrict, or remove any content or account at our sole discretion, for any or no reason, with or without notice. To the fullest extent permitted by law (including 47 U.S.C. § 230), we are not liable for any user's content or conduct, or for moderation action or inaction.

The Service is not a backup service. We do not guarantee that content will be stored or available, and we may delete content after account termination or for unclaimed guest data. Keep your own copies of anything important.

5. AI-Generated Artwork

The Service can generate artwork (images and short video) from your canvas (“Generated Art”), processed by us and third-party AI providers acting as our service providers. After you confirm the required age and grant AI permission, generation can run when you request it and automatically overnight for eligible days, as described in Privacy Policy Section 3. Automatic generation is subject to availability and limits; completion by morning is not guaranteed. As between you and the Company, we assign to you what rights we hold, if any, in Generated Art created from your canvas, for personal, non-commercial use; you grant us the same license in it as in Your Content. The intellectual-property status of AI-generated material is unsettled; we make no representation that Generated Art is protectable, original, or non-infringing.

GENERATED ART AND ALL AI OUTPUTS ARE PROVIDED “AS IS.” OUTPUTS MAY BE INACCURATE, UNEXPECTED, OR OFFENSIVE, MAY NOT DEPICT YOUR CONTENT FAITHFULLY, AND MAY BE SIMILAR TO OUTPUTS GENERATED FOR OTHERS. AI OUTPUTS ARE NOT ADVICE. YOU ASSUME ALL RISK OF RELYING ON THEM.

We do not use Your Content or Generated Art to train AI models. We do not authorize our AI providers to use them for model training.

Generation allowances (for example, a daily or weekly number of Generated Art images), themes, and styles are features we may set, meter, change, gift, or withdraw at our discretion; they are metered through the credit system in Section 7, administered and enforced server-side (our records are authoritative), and have no cash value and are not refundable except as required by law.

6. Health and Fitness; Medical Disclaimer

If you choose to connect Apple Health, the Service can import your workouts (including routes, heart rate, and statistics where available) so you can drop them onto your canvas, entirely optional and controlled by iOS permissions. We do not use HealthKit data for advertising, marketing, or data mining, and we do not share it with third parties except as necessary to provide the feature with your permission.

THE SERVICE IS NOT A MEDICAL DEVICE AND PROVIDES NO MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WORKOUT AND HEALTH STATISTICS DESCRIBE YOUR ACTIVITIES AND MAY BE INACCURATE. CONSULT A PHYSICIAN BEFORE YOU START A FITNESS PROGRAM. NEVER DISREGARD OR DELAY MEDICAL ADVICE BECAUSE OF THE SERVICE. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. YOU ASSUME ALL RISK OF PHYSICAL ACTIVITY UNDERTAKEN IN CONNECTION WITH THE SERVICE.

7. Subscriptions, Credits, and Payments

Parts of the Service require a paid subscription (offered in-app as three monthly Daypiction Plans, or as otherwise named in-app) or one-time purchases of consumable generation credits ("Daypiction Packs"). Current options, localized prices, renewal terms, and inclusions are shown in the app before you buy. Previously offered plans may continue on their existing terms until they end. All purchases are billed by Apple (App Store) or Google (Google Play) through your platform account (we never receive your full payment card details) and are also subject to the platform's terms; refunds are handled by the platform under its policies. To the fullest extent permitted by law and platform rules, we do not provide refunds for partial periods, unused features, allowances, or credits, or termination for cause.

AUTOMATIC RENEWAL: SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF THE SUBSCRIPTION PERIOD SHOWN AT PURCHASE, AND YOUR PLATFORM ACCOUNT IS CHARGED THE THEN-CURRENT PRICE, UNTIL YOU CANCEL.

Cancel anytime: on iOS via Settings → your name → Subscriptions; on Android via Play Store → Payments & subscriptions. Cancellation takes effect at the end of the current billing period; deleting the app does not cancel a subscription.

Credits: metered image generation uses standard credits, shown as Daypictions. Metered video generation uses video credits, shown as video Daypictions. The Service determines and shows the applicable credit amount. Credits come from free or subscription allowances, promotional grants, and purchased Daypiction Packs.

Credits are a limited Service feature, not money, property, or a stored-value or gift-card instrument. They have no cash value and are non-transferable. You can use them only in the Service. You cannot redeem them for cash except where the law requires.

Purchased pack credits do not expire while your account is in good standing. Free weekly allowances reset on their weekly schedule; missed weeks do not accumulate. Subscription grants have their own expiry period and can remain available after renewal. Renewal alone does not erase an unexpired subscription grant. Welcome and promotional grants can expire under the applicable offer. We consume expiring credits first within each credit type.

A completed generation consumes its credit when it produces output, whether or not you like that output. A failed generation releases its credit hold, except value that expired on its own schedule during the hold.

A refund or chargeback reverses the credits that the purchase granted. A reversal can make the relevant balance negative when credits are already spent. We may suspend generation until resolution, and may suspend an account for abuse. This negative balance restricts Service use; it is not a demand for cash payment. Refund abuse is a material breach, but exercising a lawful or platform refund right is not itself abuse.

Unused credits are forfeited on account deletion or termination for cause, to the extent the law permits. Our server records of balances and consumption are authoritative.

We may change prices; changes apply no earlier than your next renewal with advance notice and the opportunity to cancel. We may also change pack sizes, allowance amounts, and credit mechanics prospectively. Promotional entitlements (free allowances, gifted generations, welcome grants, and promotional unlocks) have no cash value, are non-transferable, and may be modified or revoked at our discretion.

8. Acceptable Use

You agree not to, and not to help anyone else:

9. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a DMCA notice with the statutory elements (17 U.S.C. § 512(c)(3)) to our Designated Agent: your signature, identification of the work and the infringing material, your contact information, a good-faith statement, and a statement under penalty of perjury of accuracy and authority.

Designated Agent: DMCA Agent, dechnologies, llc, 4030 Wake Forest Road Ste 349, Raleigh, NC 27609. Phone: 828-393-9985. Email: dmca@dechnologies.com.

If your content was removed by mistake or misidentification, you may send a counter-notice under 17 U.S.C. § 512(g)(3), and we may restore the material per the DMCA. Knowing material misrepresentations may make you liable under 17 U.S.C. § 512(f).

We have adopted and we reasonably implement a repeat-infringer policy. We record each notice that causes us to remove or disable material. In appropriate circumstances we terminate the accounts of repeat infringers, and we may terminate any account for egregious infringement. A notice that a counter-notice defeats does not count against you.

10. Reporting Content; Non-Consensual Intimate Imagery

Drops, artwork, replies, and profiles have in-app report options. Anyone can also report unlawful or prohibited content to contact@daypiction.com, without an account. We review ordinary reports under Sections 4, 8, and 12. That discretion does not limit duties that the law requires or the removal commitment below.

You or your authorized representative can request removal of intimate imagery that depicts you and was published without your consent. This includes qualifying computer-generated or AI-generated depictions. We will remove the identified imagery within 48 hours after receipt of a valid request. Within that same period, we will make reasonable efforts to identify and remove known identical copies on the Service.

Send the request to contact@daypiction.com. Include your physical or electronic signature, or the signature of your authorized representative. Identify the imagery and provide a link or enough information for us to locate it. Include a brief good-faith statement that its publication lacked your consent and information that lets us contact you. A representative must also identify their authority to act for you.

We restrict access to reports and removal requests. We do not identify reporters to reported users through ordinary in-app reports. Disclosure can occur when the law requires it, through copyright notice procedures, or with your authorization. We may also provide necessary information to service providers that help us process the request. We cannot promise anonymity in every circumstance.

11. Third-Party Services; Apple App Store

The Service interoperates with third-party services and displays third-party materials (sign-in providers, platform billing, Apple Health, maps, media metadata and cover art, and links users share). Those are governed by their own terms; we are not responsible for them.

If you obtained the app from Apple's App Store: these Terms are between you and the Company only, not Apple, and the Company is solely responsible for the app; your license is limited to Apple-branded devices you own or control, per the App Store Terms of Service; Apple has no maintenance or support obligation; on a warranty failure Apple may refund the purchase price (if any) and has no other warranty obligation; Apple is not responsible for other claims relating to the app (including product liability, regulatory non-conformance, and consumer-protection or privacy claims) or for third-party intellectual-property claims; you represent you are not in a U.S.-embargoed country and not on any U.S. restricted-party list; you must comply with applicable third-party terms; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Termination

You may stop using the Service at any time and may delete your account in Settings; that does not refund prepaid fees except as required by law or platform policy, and account deletion alone does not cancel platform billing (Section 7).

We may suspend or terminate your access at any time, with or without cause or notice, at our sole discretion, including for violations of these Terms, to comply with law, or upon discontinuation of the Service. On termination your license ends and we may delete your account data per the Privacy Policy. Sections that by their nature survive (intellectual property, disclaimers, liability limits, indemnity, disputes) survive.

13. Changes to the Service

The Service will evolve. We may add, modify, meter, or remove features (including AI themes, styles, allowances, widgets, and integrations), impose limits, and suspend or discontinue any part or all of the Service, at any time, with or without notice, without liability, subject only to refund rights required by law or platform policy for paid periods you cannot use. We do not guarantee the Service or any content will be available, uninterrupted, or error-free.

14. Disclaimers; Limitation of Liability

THE SERVICE, ALL CONTENT, AND ALL GENERATED ART ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY) AND DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT OR DATA WILL BE PRESERVED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, GOODWILL, DATA, OR CONTENT (INCLUDING LOSS OF PHOTOS, DROPS, CANVASES, OR GENERATED ART), UNDER ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (b) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You will indemnify, defend (at our option), and hold harmless the Company and its members, owners, employees, contractors, licensors, and service providers from claims arising out of Your Content, your use of the Service, your violation of these Terms or any law, or your infringement of any third party's rights. You may not settle any such claim without our written consent.

15. Governing Law; Claims Period

These Terms and any dispute relating to them or the Service are governed by the laws of the State of North Carolina and applicable U.S. federal law (including the Federal Arbitration Act), without regard to conflicts of laws, except that non-waivable consumer protections of your home state are not displaced. Claims not subject to arbitration must be brought exclusively in the state or federal courts in Wake County, North Carolina (small-claims matters may proceed in your local small claims court).

To the fullest extent permitted by law, any claim must be filed within one (1) year after it accrues or it is permanently barred; the informal-resolution period below tolls this deadline.

16. Dispute Resolution: Arbitration and Class Waiver

READ CAREFULLY. THIS AFFECTS YOUR RIGHTS.

Informal resolution first: before starting any proceeding, the party with a dispute must send the other an individualized written notice (to us: contact@daypiction.com or 4030 Wake Forest Road STE 349, Raleigh, NC 27609 USA) describing the dispute and relief sought, followed by 60 days of good-faith negotiation (including one phone or video conference if either party requests). This is a condition precedent, and limitations periods are tolled during it.

Binding individual arbitration: except as stated below, any dispute arising out of or relating to the Service, these Terms, or the Privacy Policy will be resolved exclusively by final, binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, under the Federal Arbitration Act. At your election the hearing may be by videoconference, by telephone, on the documents, or in person in your county. Fees follow the AAA consumer schedule; we pay them where the rules or law require. The arbitrator decides all issues except that only a court may decide the enforceability of the class waiver and the mass-arbitration procedures.

CLASS ACTION AND JURY TRIAL WAIVER: DISPUTES MAY BE BROUGHT ONLY INDIVIDUALLY (NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING) AND, WHERE A DISPUTE PROCEEDS IN COURT, BOTH PARTIES WAIVE TRIAL BY JURY. If the class waiver is held unenforceable as to a particular claim, that claim (and only it) proceeds in court; non-waivable claims for public injunctive relief are decided by a court after arbitration of the arbitrable claims.

Carve-outs: either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual-property rights or stop abuse of the Service.

Mass filings: if 25 or more coordinated demands raising similar claims are filed, the parties will proceed by staged bellwether arbitrations (up to 10 per side), then a 60-day mediation, then sequential batches of up to 50, with fees due per batch and limitations tolled while demands are stayed; a court may enforce this protocol.

30-DAY OPT-OUT: You may reject this arbitration agreement and class waiver without penalty within 30 days of first accepting these Terms. Send written notice to contact@daypiction.com with the subject "Arbitration Opt-Out." Include your name, username, and account email if you have an account.

Guests can provide a contact email and describe their guest use without creating an account. We may request information needed to connect the notice to that guest use. Opting out affects no other provision.

17. Changes to These Terms

We may modify these Terms. If a change is material, we will notify you in advance through the app and/or the email on your account, with the new effective date; changes are not retroactive, and material changes to the dispute-resolution section do not apply to disputes for which notice was already given. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and cancel any subscription before the change takes effect. Prior versions are archived and available on request.

18. General

These Terms, the Privacy Policy, and in-app purchase disclosures are the entire agreement between you and the Company regarding the Service. If any provision is held unenforceable it will be enforced to the maximum extent permissible and the rest remains in force (except as stated in Section 16). Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them freely, including in a merger or asset sale. We are not liable for delays or failures beyond our reasonable control. You must comply with U.S. export-control and sanctions laws. You consent to receive notices electronically: in-app, by push, or by email to your account address.

California consumer notice (Civil Code § 1789.3): the Service is provided by dechnologies, llc, 4030 Wake Forest Road STE 349, Raleigh, NC 27609 USA. To file a complaint or receive further information, contact us at contact@daypiction.com, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

Questions about these Terms: contact@daypiction.com