Terms & conditions

Welcome to DailyStart (the "Platform"), provided by DailyStart Inc. in the United States. For the purposes of these Terms, "DailyStart," "we," or "us" collectively refer to DailyStart Inc.

These terms of service ("Terms") establish the agreement between you and us and outline the terms and conditions governing your use of the Platform, our related websites, services, applications, products, and content (collectively referred to as the "Services"). Certain Services or features may have age restrictions and may not be available to all users. Our Services are intended for private, non-commercial use. For the purposes of these Terms, "you" and "your" refer to you as the user of the Services.

These Terms constitute a legally binding agreement between you and us. Please take the time to read them carefully. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you.

By accessing or using our Services, you confirm that you can form a binding contract with DailyStart, accept these Terms, and agree to comply with them. Your access to and use of our Services are also subject to our Privacy Policy and Community Guidelines, which can be found directly on the Platform or your mobile device's applicable app store. By using the Services, you consent to the terms of the Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, "you" and "your" include both you and that business or entity. You represent and warrant that you are an authorized representative of the business or entity with the authority to bind it to these Terms. You agree to these Terms on behalf of the entity, and the entity is legally and financially responsible for your access or use of the Services, as well as for the access or use of your account by others affiliated with your entity, including employees, agents, or contractors.

You can accept these Terms by accessing or using our Services, and we will consider your access or use as acceptance of these Terms from that point forward. We recommend printing or saving a local copy of these Terms for your records.

We may update these Terms from time to time to reflect changes in our Services or regulatory requirements. We will make reasonable efforts to notify users of material changes, but it is your responsibility to regularly review the Terms. The "Last Updated" date at the top of these Terms indicates the effective date. Your continued access or use of the Services after the new Terms are posted signifies your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Services.

Users of the Services may be permitted to upload, post, or transmit (such as via a stream) or otherwise make available content through the Services, including, without limitation, any text, photographs, user videos, sound recordings, and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (referred to as "User Content"). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combines and intersperses User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the Virtual Items Policy), and other elements provided by DailyStart (referred to as "DailyStart Elements") onto this User Content and transmit this User Content through the Services. Please note that the information and materials in the User Content, including User Content that includes DailyStart Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through the use of virtual gifts) do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out in "Your Access to and Use of Our Services" above. You may also choose to upload or transmit your User Content, including User Content that includes DailyStart Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out in "Your Access to and Use of Our Services" above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.

If you only own the rights in and to a sound recording but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.

You or the owner of your User Content still own the copyright in User Content sent to us. However, by submitting User Content via the Services, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish, and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content. Please note that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including but not limited to a sound recording copyright owner (e.g., a record label), a music publisher, a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers, or other royalty participants involved in the creation of User Content.

If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Services.

By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights or their right to privacy.

We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at "Your Access to and Use of Our Services" above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block, or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

If you wish to file a complaint about information or materials uploaded by other users, contact us at [insert contact link here]. DailyStart takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is DailyStart's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

While our own staff is continually working to develop and evaluate our product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

• DailyStart has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
• Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way.
• You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

You agree to defend, indemnify, and hold harmless DailyStart, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including but not limited to attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation, and warranties under these Terms.

Daily rankings are based on the ratings received from other users. This rating is calculated by a proprietary algorithm of DailyStar, which is not obliged in any way to disclose how it works or the logic that governs it. In fact, the results are in no way contestable or appealable by users.

The user when posting any video on the platform also allows the video they post to compete in the chosen category. The platform in no way guarantees a minimum number of views nor a placement in the final ranking, which is determined only by how the algorithm evaluates the appreciation received from other users.

Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.

The services are provided "as is," and we make no warranty or representation to you with respect to them. In particular, we do not represent or warrant to you that:

• your use of the services will meet your requirements.
• your use of the services will be uninterrupted, timely, secure, or free from error.
• Any information obtained by you as a result of your use of the services will be accurate or reliable.
• defects in the operation or functionality of any software provided to you as part of the services will be corrected.

No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the services except to the extent that they are expressly set out in these terms. We may change, suspend, withdraw, or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice.

Nothing in these terms shall exclude or limit our liability for losses that may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

Subject to the paragraph above, we shall not be liable to you for:

• any loss of profit (whether incurred directly or indirectly).
• any loss of goodwill.
• any loss of opportunity.
• any loss of data suffered by you.
• any indirect or consequential losses that may be incurred by you. Any other loss will be limited to the amount paid by you to DailyStar within the last 12 months.

Any loss or damage that may be incurred by you as a result of:

• any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service.
• any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services).
• the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.
• your failure to provide us with accurate account information.
• your failure to keep your password or account details secure and confidential.

Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belong to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the service.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

The Platform may include open source software, each subject to its own applicable license terms, which can be found in our Open Source Policy.

These Terms constitute the entire agreement between you and DailyStar and govern your use of the Services, superseding any prior agreements.

You may link to our home page as long as it is done in a manner that is fair and legal and does not damage our reputation or imply endorsement on our part. You must not link to our Services from any website that you do not own, and the linked website must comply with the content standards outlined in "Your Access to and Use of Our Services" above. We reserve the right to withdraw linking permission without notice.

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

While we strive to provide secure Services, we do not guarantee that they will be free from bugs or viruses. You are responsible for configuring your own technology to access our Services and should use virus protection software.

If any court deems any provision of these Terms invalid, that provision will be removed without affecting the rest of the Terms, which will remain valid and enforceable.

If we receive a counter-notice regarding a copyright claim, we may provide a copy to the original complaining party and may restore or replace the removed content at our discretion. Filing a counter-notification may lead to legal proceedings, and making false claims may have legal consequences.

Under California Civil Code Section 1789.3, California users receive specific consumer rights notice, and users under 18 can request removal of their User Content.

You agree not to export or re-export the Services and related materials to any country requiring export licenses without obtaining such licenses.

The Services and related documentation are "Commercial Items," and their use is governed by applicable U.S. law.

Before filing any legal action, both parties agree to attempt an informal dispute resolution process. The party initiating the dispute must notify the other party, which has 60 days to respond. If the dispute is not resolved within 30 days after a response, either party may file legal action. Engaging in this informal dispute resolution process is a prerequisite to filing legal action.

Any claims or disputes arising from these Terms will be governed by California law and resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles.

You and DailyStart agree to initiate any proceedings within one year of the event giving rise to a dispute, or else you waive the right to pursue such claims.

If you access the Platform through specific devices, supplemental terms may apply. These terms vary based on the app store, such as Apple, Windows Phone Store, Amazon Appstore, or Google Play.

You can contact us at info@dailystar.app or by writing to DailyStart LLC at [address].