Terms of Service
Last Updated: July 16, 2026 | Effective Date: July 16, 2026
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:
- You are at least 13 years of age (or the minimum age required to create an Apple ID in your jurisdiction)
- You have the legal capacity to enter into this Agreement, or your parent or legal guardian has agreed to these Terms on your behalf
- You are not prohibited from using the App under applicable laws
- You will comply with all applicable local, state, national, and international laws
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:
- Create, name, and configure countdown events with target dates and times
- View countdowns on the Home Screen via widgets and on the Lock Screen via Live Activities
- Personalize the display of individual countdowns
- Store and manage all countdown data on your device
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:
- The accuracy of dates, times, event details, and any other data you enter
- Setting and confirming your device's clock, time zone, and calendar settings
- Independently verifying any date-sensitive obligation, appointment, deadline, or event that matters to you
- Maintaining independent backups of important dates through calendars, reminders, or other means
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:
- Copy, modify, adapt, translate, or create derivative works of the App
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent expressly permitted by applicable law
- Rent, lease, lend, sell, redistribute, sublicense, or otherwise commercially exploit the App
- Remove, alter, or obscure any proprietary notice on the App
- Use the App in any manner that could damage, disable, overburden, or impair Apple services or interfere with any other party's use of the App
- Use any automated system to interact with the App
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:
- Use the App for any illegal, harmful, harassing, defamatory, threatening, or offensive purpose
- Create countdown labels or content that violate any law or third-party right
- Transmit viruses, worms, malware, or any other harmful code
- Attempt unauthorized access to any part of the App, Apple services, or another user's device
- Interfere with, disrupt, or place undue burden on the App or its underlying platform services
- Use the App to display content that is obscene, hateful, or otherwise inappropriate in a shared or public context (e.g., a Home Screen visible to others)
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:
- MERCHANTABILITY: Fitness for commercial use
- FITNESS FOR A PARTICULAR PURPOSE: Meeting your specific requirements
- NON-INFRINGEMENT: Freedom from third-party intellectual property claims
- ACCURACY: Accuracy of dates, times, countdowns, or any other output
- RELIABILITY: Uninterrupted, timely, or error-free operation
- NOTIFICATION DELIVERY: Timely or successful delivery of any widget refresh, Live Activity update, or notification
- DATA PRESERVATION: Preservation or recoverability of any countdown data stored on your device
- COMPATIBILITY: Continued compatibility with future iOS versions or Apple hardware
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:
- Indirect, incidental, special, consequential, exemplary, or punitive damages
- Loss of profits, revenue, data, business, goodwill, or opportunities
- Missed appointments, deadlines, celebrations, or events resulting from inaccurate, delayed, or missing countdowns, widgets, Live Activities, or notifications
- Personal injury, emotional distress, or property damage
- Damages resulting from unauthorized access to your device, data loss, or device failure
- Errors, bugs, inaccuracies, or defects in the App
- Third-party conduct, third-party services, or Apple platform behavior
- Service interruption, discontinuation, or cessation of the App
- Any other matter arising from or related to the App
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:
- DAK Enterprises LLC
- Its owners, officers, directors, employees, agents, licensors, and affiliates
FROM AND AGAINST ANY AND ALL:
- Claims, demands, actions, or proceedings brought by any third party
- Damages, losses, liabilities, costs, and expenses
- Attorneys' fees and legal costs
- Settlements and judgments
ARISING FROM OR RELATED TO:
- Your use or misuse of the App
- Any content, labels, or data you create or display through the App
- Your violation of these Terms or any applicable law
- Your infringement of any third-party right
- Any decision, action, or omission you take in reliance on the App
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:
- Under the Consumer Arbitration Rules of the American Arbitration Association (AAA)
- By a single arbitrator
- In Naples, Florida, or via remote hearing at the arbitrator's discretion
- In the English language
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:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to be infringed
- Identification of the material claimed to be infringing and sufficient information to locate it
- Your contact information (address, telephone number, email)
- A statement that you have a good-faith belief that the use is not authorized
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
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:
- These Terms are between you and DAK Enterprises LLC, not Apple Inc.
- DAK Enterprises LLC is solely responsible for the App and its content
- Your license is limited to use of the App on Apple-branded products you own or control, and as permitted by the Usage Rules in Apple's App Store Terms
- DAK Enterprises LLC, not Apple, is responsible for providing any maintenance and support for the App
- DAK Enterprises LLC, not Apple, is responsible for any warranty claims — express or implied — to the extent not effectively disclaimed above
- DAK Enterprises LLC, not Apple, is responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation
- DAK Enterprises LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim regarding the App
- You represent and warrant that you are not located in any country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you
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:
- You have read and understood these Terms
- You agree to be bound by these Terms and the Privacy Policy
- You understand the limitations and disclaimers set out above
- You accept sole responsibility for your use of the App and for the accuracy of any data you enter
- You accept the arbitration agreement and class action waiver in Section 11
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE SOMEDAY.