Terms of Service

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and DAK Enterprises LLC ("we," "us," "our," "Company"), the operator of Someday ("the App," "the Service"). By downloading, installing, accessing, or using Someday on any Apple device, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP.

1. Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, or using Someday, you represent and warrant that:

1.2 Additional Terms

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference, and by Apple's standard App Store Terms of Service.

1.3 Modifications

We reserve the right to modify these Terms at any time. Changes become effective upon posting to https://dakenterprises.dev/someday/terms. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the App.

2. Description of Service

2.1 App Purpose

Someday is a personal countdown and life-event tracking application for iOS and iPadOS. The App enables you to:

2.2 Personal, Non-Critical Tool Disclaimer

THE APP IS A PERSONAL PLANNING AND COUNTDOWN TOOL. IT IS NOT INTENDED FOR MISSION-CRITICAL, MEDICAL, SAFETY-OF-LIFE, FINANCIAL, LEGAL, OR OTHER CIRCUMSTANCES WHERE ERROR, DELAY, OR NON-DELIVERY OF INFORMATION COULD RESULT IN INJURY, LOSS, OR HARM.

You are solely responsible for:

2.3 Service Availability

The App runs locally on your device and does not depend on any DAK Enterprises server. Availability of App Store downloads, updates, iOS system services (including Home Screen widgets, Live Activities, notifications, and system timing), and Apple platform features is outside our control. We do not guarantee that any Apple platform feature the App uses will remain available, unchanged, or supported in future iOS versions.

3. License Grant

3.1 Grant of License

Subject to your compliance with these Terms, DAK Enterprises LLC grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use Someday on Apple-branded devices that you own or control, solely for your personal, non-commercial use.

3.2 License Restrictions

You may not:

4. User Responsibilities and Conduct

4.1 Lawful Use

You agree to use the App only for lawful purposes and in compliance with all applicable laws.

4.2 Prohibited Uses

You agree NOT to:

4.3 Data Responsibility

All countdown data you enter is stored on your device. You are solely responsible for the accuracy of that data and for backing it up. Uninstalling the App, resetting your device, or deleting the App's App Group container will permanently delete your Someday data, and we cannot recover it.

5. Subscription and Payment

5.1 Free and Paid Features

Someday may offer free features and optional paid features, subscriptions, or one-time purchases. Any paid features are clearly identified within the App at the point of purchase.

5.2 Apple App Store Billing

All purchases and subscriptions offered through Someday are billed through the Apple App Store and are governed by Apple's standard payment and subscription terms. DAK Enterprises LLC does not process, store, or receive your payment card information directly.

5.3 Auto-Renewal

Where a subscription is offered, it auto-renews at the end of each billing period unless you cancel at least 24 hours before the renewal date through your Apple ID subscription settings. Renewal charges are billed to your Apple ID payment method.

5.4 Cancellation

You may cancel any auto-renewing subscription at any time through your Apple ID Subscription settings. Cancellation takes effect at the end of the then-current billing period, and you retain access to paid features until that period ends.

5.5 Refunds

Refund requests for App Store purchases are handled by Apple pursuant to Apple's refund policy. DAK Enterprises LLC does not issue refunds directly.

5.6 Price Changes

We may change the price of any paid feature or subscription at any time. Price changes affecting existing subscribers will be communicated as required by Apple's policies and applicable law.

6. Intellectual Property

6.1 App Ownership

The App, including its code, design, user interface, visual elements, marks, and documentation, is owned by DAK Enterprises LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain all rights to any text, labels, and personal data you enter into the App. Because that content is stored on your device and not transmitted to us, we do not receive any license to it, we do not access it, and we do not use it for any purpose.

6.3 Feedback

If you send us feedback, suggestions, bug reports, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

7. Third-Party Services and Platforms

Someday runs on Apple hardware and operating systems and relies on Apple-provided platform services (including WidgetKit, ActivityKit, App Groups, and system notifications). WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, ACCURACY, OR CHANGES OF ANY APPLE SERVICE OR ANY OTHER THIRD-PARTY PLATFORM ON WHICH THE APP DEPENDS.

The App does not integrate with, transmit data to, or rely on any third-party analytics, advertising, crash reporting, or backend service.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

USE OF THE APP IS AT YOUR SOLE RISK.

We have no obligation to review, monitor, verify, correct, or update any countdown, date, label, or content you create through the App.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:

THE APP DOES NOT PROVIDE PROFESSIONAL, MEDICAL, LEGAL, FINANCIAL, OR SAFETY-CRITICAL ADVICE. RELIANCE ON THE APP FOR ANY IMPORTANT DECISION OR OBLIGATION IS AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAK ENTERPRISES LLC SHALL NOT BE LIABLE FOR ANY:

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF: TEN UNITED STATES DOLLARS ($10.00 USD), OR THE TOTAL AMOUNT YOU PAID DAK ENTERPRISES LLC FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if any limited remedy fails of its essential purpose and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS:

FROM AND AGAINST ANY AND ALL:

ARISING FROM OR RELATED TO:

We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You agree not to settle any such claim without our prior written consent.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] and attempt informal resolution in good faith for at least thirty (30) days.

11.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS OR THE APP THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION, except for intellectual property disputes and requests for injunctive relief, which may be brought in court.

Arbitration shall be conducted:

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative or class proceeding.

11.4 Small Claims Exception

Either party may bring an individual action in small claims court for any claim that qualifies under the rules of that court.

11.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include your name, the Apple ID email associated with your Someday installation, and a clear statement that you wish to opt out of arbitration.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

For any matter not subject to arbitration under Section 11, you and DAK Enterprises LLC consent to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE APP.

13. Copyright and Intellectual Property Complaints (DMCA)

If you believe that any content or material available in or through the App infringes your copyright, you may send a notice of alleged infringement to our designated agent under the Digital Millennium Copyright Act (DMCA). The notice must include:

Send DMCA notices to: [email protected] with the subject line "DMCA Notice — Someday."

14. Term and Termination

14.1 Term

These Terms take effect the first time you install or use the App and continue until terminated in accordance with this Section.

14.2 Termination by You

You may terminate these Terms at any time by uninstalling the App and discontinuing all use.

14.3 Termination by Us

We may terminate or suspend your license to use the App at any time, with or without cause and with or without notice, if we reasonably believe you have violated these Terms.

14.4 Effect of Termination

Upon termination, your license to use the App ends immediately. Sections 6, 8, 9, 10, 11, 12, and 15 survive termination.

15. General Provisions

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and DAK Enterprises LLC regarding the App and supersede any prior or contemporaneous understandings.

15.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver

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

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 No Third-Party Beneficiaries

No third-party beneficiary rights are created by these Terms, except as expressly noted in Section 16 with respect to Apple.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, epidemic, pandemic, government action, power failures, or failures of Apple platform services.

15.7 Notices

We may provide notices to you by posting them at https://dakenterprises.dev/someday/ or by any other reasonable means. Notices to us must be sent by email to [email protected].

16. Apple App Store Terms

Someday is distributed through the Apple App Store. The following provisions apply to your download and use of the App from the App Store:

17. Contact Information

Someday
Published by DAK Enterprises LLC

Email: [email protected]
Address: 841 Bluebird St., Naples, FL 34104

18. Acknowledgment

BY INSTALLING OR USING SOMEDAY, YOU ACKNOWLEDGE THAT:

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE SOMEDAY.