Terms of Use

1. Provider, scope, and acceptance

TheirDay provides a local-first contact and birthday reminder app, related website pages, and support channels.

The public provider name is TheirDay. Legal and support questions can be sent to contact@narak.app.

2. App marketplace terms

Apps made available through the Apple App Store are licensed, not sold. If TheirDay does not provide a custom EULA in App Store Connect, Apple's Standard Licensed Application End User License Agreement applies to the Apple-distributed app.

These Terms supplement applicable app marketplace terms and do not limit Apple Media Services Terms, Google Play terms, or mandatory consumer rights.

3. Limited license

Subject to these Terms and applicable app marketplace rules, TheirDay grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, lawful purposes on devices you own or control.

You may not copy, modify, reverse engineer, redistribute, sublicense, interfere with, or create derivative works from the Service except where applicable law permits.

4. Eligibility and acceptance

The Service is intended for users who are at least 13 years old.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

5. Acceptable use

• Do not use the Service to violate laws, rights, or third-party privacy.
• Do not harass, spam, impersonate, stalk, threaten, or distribute unlawful content.
• Do not interfere with security, integrity, availability, or operation of the Service.
• Do not use the Service to collect or store contact information without a valid legal basis or permission where required.

6. Your data responsibilities

You are responsible for the legality, accuracy, backup, and use of information you add to the Service, including contact data, birthdays, notes, email addresses, and social profile information.

TheirDay is not responsible for contact information you enter, disclose, export, or otherwise use outside the app.

7. Privacy

Our Privacy Policy explains how TheirDay handles personal information. In the current version, contact entries are designed to remain local on your device and are not hosted by TheirDay.

8. Intellectual property

The Service, including software, design, trademarks, logos, and related content, is owned by TheirDay or its licensors and is protected by applicable intellectual property laws.

These Terms do not transfer ownership rights to you.

9. Third-party services and terms

The Service may interact with app stores, operating systems, email providers, hosting providers, or external websites. You are responsible for complying with applicable third-party terms when using the Service.

TheirDay is not responsible for third-party services, stores, websites, or platform features that it does not control.

10. Support, maintenance, and changes

TheirDay is responsible for support and maintenance only as described in these Terms or required by applicable law. Apple and Google have no obligation to provide maintenance or support for the Service.

We may modify, suspend, or discontinue all or part of the Service at any time.

Future paid, cloud, or sync features may be subject to additional terms presented at launch.

11. Warranty disclaimer

To the maximum extent permitted by law, the Service is provided on an as is and as available basis without warranties of any kind, express or implied.

If the Apple-distributed app fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple for any refund of the purchase price required under Apple's applicable terms. To the maximum extent permitted by law, Apple has no other warranty obligation for the Service.

12. Product claims and IP claims

TheirDay, not Apple or Google, is responsible for addressing claims relating to the Service or your possession and use of it, including product liability, legal compliance, consumer protection, privacy, or similar claims, except where mandatory law says otherwise.

If a third party claims that the Service or your use of it infringes intellectual property rights, TheirDay, not Apple or Google, is responsible for investigation, defense, settlement, and discharge of that claim to the extent required by applicable law.

13. Limitation of liability

To the maximum extent permitted by law, TheirDay and its affiliates, officers, employees, and contractors are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of data, profits, goodwill, or business opportunities.

To the maximum extent permitted by law, TheirDay's total aggregate liability for all claims related to the Service will not exceed the greater of (a) USD 100 and (b) the amount you paid to TheirDay for the Service in the 12 months before the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless TheirDay and its affiliates from claims, liabilities, damages, losses, and expenses arising from your misuse of the Service, your content, or your violation of law or these Terms.

15. Suspension and termination

We may suspend or terminate access to the Service if we reasonably believe you violated these Terms, created legal risk, or threatened service security.

16. Export and legal compliance

You represent that you are not located in a country or on a list where use of the Service would be prohibited by U.S. export control or sanctions laws.

You are responsible for complying with all laws that apply to your use of the Service and the data you choose to store in it.

17. Apple third-party beneficiary

For the Apple-distributed app, Apple and Apple's subsidiaries are third-party beneficiaries of these Terms where required by Apple's minimum EULA terms and may enforce those terms against you.

18. Governing law and disputes

Nothing in these Terms limits non-waivable rights you may have under mandatory consumer laws in your place of residence.

Except where mandatory local law requires otherwise, these Terms are governed by the laws of Delaware, United States, excluding conflict-of-law rules, and disputes will be resolved exclusively in the state or federal courts located in Delaware, United States.

19. Changes to these Terms

We may update these Terms from time to time. Material updates will be reflected in the Last updated date and become effective when posted, unless otherwise required by law.

20. Contact

Legal and support contact: contact@narak.app