DayCasion Terms of Use

Effective date: October 30, 2026

These Terms are an agreement between you and DayCasion LLC ("DayCasion", "we", "us"). They govern your use of the DayCasion apps, the Legacy Executor web page, our websites and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. Our Privacy Policy, AI Processing & Consent Policy, Subscription, Refund & Digital Products Policy, and Account & Data Deletion Policy explain how the Service works and form part of these Terms.

1. Eligibility and your account

You must be at least 18 years old and able to enter a binding contract to create an account. One account is for one person. Give accurate information, keep your password confidential, and tell us promptly if you believe someone else has accessed your account. You are responsible for activity on your account.

2. The Service

DayCasion lets you keep written memories, photos, videos and voice recordings in up to five memory profiles: My Life, Child, Pet or Family Member. You can organize them on a timeline, build Life Stories, add past memories in bulk, order Year in Review movies, name a Legacy Executor, and download your data. Features available to you depend on your plan. We may improve, change or remove features over time.

3. Your content

You keep your rights. Subject to any third-party rights in uploaded material, you retain the ownership rights you hold in the written memories, photos, videos, recordings, Life Story details and other material you add ("Your Content").

Licence to us. You give DayCasion a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit and display Your Content, and to create versions of it (such as resized photos, previews and movies). This licence is used only to provide the Service to you and to the people you choose, for example to make a Year in Review movie or deliver material to your Legacy Executor. It includes letting our service providers do these things for us. We do not use Your Content for advertising or to train AI models. The licence ends when Your Content is removed from the Service, except to the limited extent necessary for lawful retained records, unresolved processes and copies already distributed on your instructions, as described in our Account & Data Deletion Policy.

Generated content. Some features create new material from Your Content, such as a Year in Review movie, its on-screen text, or a Eulogy written using AI ("Generated Content"). As between you and us, you may use Generated Content made for your account for any personal purpose. We do not claim ownership of the personal content you supplied. The ownership and copyright status of AI-generated elements may depend on applicable law; we grant you the rights we hold in the delivered movie/eulogy for your lawful personal use. Year in Review movies currently have no added licensed music. If a future feature adds design elements or music licensed to us, those elements remain ours or our licensors'.

Your responsibility. Keep your own copies of anything irreplaceable. The Service is not a substitute for your own backups.

4. Content about other people

DayCasion is built for memories that include other people. When you add material about or showing someone else, you promise that:

• you created it, own it, or have permission to use it;
• you have any consent the law requires from the people shown or described, and for a child, you are their parent or legal guardian or have that person's permission;
• you will not add material about someone that you know they would reasonably object to, such as private medical, financial or intimate information, unless you have the right to keep it;
• for a Life Story about someone else, you will respect their wishes and privacy.

If someone contacts us about material concerning them or their child, we will assess the request with appropriate verification and may ask you to review it or restrict/remove material when legally required. Private accounts are not a blanket exception to another person’s rights.

5. Acceptable use

You may not use the Service to:

• upload material that is illegal, that sexually exploits or endangers a child, or that depicts anyone in an intimate setting without their consent;
• harass, threaten, defame or impersonate anyone, or violate their privacy or intellectual property;
• upload malware, probe or attack our systems, bypass security or usage limits, or access another person's account or Legacy materials;
• guess, share improperly or misuse a Legacy Code, or give false information to start or use a legacy process;
• scrape, copy, resell or commercially exploit the Service without our written permission.

We may remove material, suspend features or close accounts that violate these rules, and we will report child sexual abuse material and other illegal content where the law requires.

6. Subscriptions and purchases

Paid features are sold through the Apple App Store or Google Play. Our Subscription, Refund & Digital Products Policy describes the plans, storage add-ons, Year in Review purchases, Legacy Executor purchases (Eulogy, Full Legacy Access and the Complete Legacy Package), automatic renewal, cancellation and refunds. Legacy purchases are one-time purchases, not subscriptions, and have no recurring charges. Prices are shown in the app before you buy. Your purchase is also subject to the store's terms.

7. AI features

Year in Review requires new, explicit AI-processing permission for each movie order; the optional Eulogy, which is written using AI, requires your separate permission in addition to its purchase, as described in our AI Processing & Consent Policy. AI output can be inaccurate or incomplete even though it is generated only from Your Content and checked by automated rules. We review Year in Review movies before delivery. Please check Generated Content before relying on or sharing it.

8. Legacy Executor

Legacy Executor is a convenience feature for passing selected memories to a person you trust after you die or can no longer use DayCasion. It is not a will, does not transfer ownership of your account or content, and is not legal or estate-planning advice.

You are responsible for choosing your executor, keeping their details current and keeping your Legacy Code safe. Anyone who has your Legacy Code and your executor's email and date of birth can start the process. We email you a link to stop it and release nothing for 24 hours, but we cannot guarantee you will see that email in time. We are not responsible for what an executor does with material once delivered to them.

Naming an executor and creating a Legacy Code are free; without a Legacy purchase, your executor receives a notice only. Eulogy and Full Legacy Access are optional one-time purchases that you make for your own account; your executor is never charged. Only what you have purchased and chosen when the 24-hour hold ends is provided for that legacy process. If a Legacy purchase is refunded before your legacy process begins, that feature is removed. Details are in our Subscription, Refund & Digital Products Policy.

9. Our property

The Service, including its software, design, text, graphics, logos and the DayCasion name, belongs to DayCasion or its licensors and is protected by law. We give you a personal, non-transferable, revocable right to use the app on devices you own or control, under these Terms and the store's rules. You may not copy, modify, reverse engineer or distribute the app except as the law expressly allows.

Feedback. If you send us suggestions, we may use them without obligation to you.

10. Copyright complaints

If you believe material in DayCasion infringes your copyright, send a notice to info@daycasion.com. Include your contact details, the work, the material and where it is, a good-faith statement, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your signature.

11. Ending your account

You may request deletion in the app or by emailing info@daycasion.com as described in the Account & Data Deletion Policy. Deleting an account does not cancel the subscription billed by Apple or Google. Voluntary account deletion is separate from any possible future process for accounts with expired subscriptions.

We may suspend or terminate an account for serious or repeated violations, security concerns or legal obligations. Where practicable, we will provide notice and a reasonable opportunity to download content. If we discontinue the Service, we will aim to give at least 60 days' advance notice and a reasonable opportunity to export, except when prevented by law, security issues or events beyond our reasonable control.

12. Disclaimers

We work hard to keep DayCasion reliable and your memories safe, but the Service is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free, that Generated Content will be accurate, or that content can never be lost.

13. Limitation of liability

To the extent permitted by applicable law, DayCasion LLC and its personnel and service providers are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost opportunities or business interruption. To the extent permitted by law, the aggregate liability of DayCasion LLC for claims arising from the Service will not exceed the greater of US$100 or the amount paid for DayCasion services in the 12 months preceding the event giving rise to the claim.

These limitations do not exclude or limit liability that cannot legally be excluded or limited, including rights and remedies preserved by applicable consumer-protection law. Some jurisdictions do not permit particular limitations; in those jurisdictions the limitations apply only to the extent allowed.

14. Indemnity

To the extent the law allows, you will defend and indemnify DayCasion against third-party claims arising from Your Content or your breach of these Terms.

15. Disputes and governing law

Please contact info@daycasion.com first so we can try to resolve a concern informally within 30 days.

Except where applicable consumer laws require otherwise, these Terms are governed by the laws of the State of Wyoming, United States, without giving effect to conflict-of-law rules. Disputes not resolved informally may be brought in courts of competent jurisdiction under applicable law. We are not imposing a mandatory arbitration clause or a class-action waiver through these Terms. The courts available to consumers under nonwaivable law remain available.

16. Apple and Google

If you downloaded DayCasion from the Apple App Store:

• These Terms are between you and DayCasion only, not Apple. DayCasion, not Apple, is responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app (if any). To the maximum extent the law allows, Apple has no other warranty obligation.
• Apple is not responsible for claims relating to the app, including product liability, legal or regulatory compliance, consumer protection, privacy or intellectual property claims.
• You confirm that you are not located in a country subject to a U.S. Government embargo, and that you are not on a U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded DayCasion from Google Play, your purchases are also subject to Google Play's terms.

17. Changes to these Terms

We may update these Terms and will publish the revised text with a new effective date. For material changes, we will give reasonable advance notice by email or through the app, ordinarily at least 30 days when feasible, and will comply with any longer notice required by law. Changes do not eliminate rights already accrued under applicable law.

18. General

If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver. You may not transfer these Terms; we may transfer them as part of a merger, acquisition or sale of assets. These Terms and the policies they reference are the entire agreement about the Service.

19. Contact

info@daycasion.com — DayCasion LLC, a Wyoming limited liability company.

Storage and preservation after subscription expiry

An expired subscription is not itself a request for account deletion. DayCasion does not currently automatically delete accounts when paid access ends. A 90-day warning and expiration lifecycle has been built but is not activated. If automatic deletion becomes operative, the current policy will be updated to state its conditions and effective date before deletion is enabled.

Account deletion and subscriptions

A clear irreversible-loss warning and typed confirmation are used for an explicit in-app deletion request. Deleting an account does not itself cancel subscriptions billed by Apple or Google; customers must use the applicable store’s subscription controls. Do not interpret account deletion as consent to continue using or publicly sharing former content.