Effective Date: August 15, 2025

1. Introduction

Welcome to Evenday ("we," "our," "us"). These Terms of Service (“Terms”) govern your use of our mobile application Evenday ("App"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, please do not use the App.

2. Use of the App

Eligibility: You must be at least 13 years old (or the minimum age allowed in your jurisdiction) to use our App. By using the App, you confirm you meet this requirement.

License: We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App strictly in accordance with these Terms.

Restrictions: You agree not to:

Reverse engineer, decompile, or disassemble the App;

Use the App for any unlawful or harmful purpose;

Interfere with security or interfere with the functionality of the App;

Impersonate any person or misrepresent your affiliation with anyone.

3. Accounts & Access

You may access certain features of the App with or without creating an account. If account creation is required, you must provide accurate and complete information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Privacy & Data

Our collection and use of your personal data are described in our Privacy Policy, which is incorporated herein by reference.

You understand and agree that we do not sell your data and that you remain in control of your personal information.

5. User Content

You retain ownership of data or content (e.g., priority entries, activity logs) you create or upload within the App ("User Content").

By using the App, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your User Content solely for providing and improving the App services.

You are responsible for your User Content and must ensure you do not upload anything that infringes on third-party rights or violates the law.

6. Third-Party Services & Sharing

If you choose to integrate with third parties (e.g., cloud storage, social networks), your data may be shared with them only upon your explicit consent.

We are not responsible for the practices of such third parties; please review their terms and privacy policies separately.

7. Intellectual Property

The App and all related content, such as design, text, graphics, trademarks, and software, are our property or the property of our licensors and are protected by intellectual property laws.

You agree not to reproduce, distribute, modify, or create derivative works based on our content without explicit permission.

8. Disclaimers & Limitations of Liability

Disclaimer of Warranties: The App is provided “as is” and “as available,” without warranties of any kind. We disclaim all implied warranties, including fitness for a particular purpose, accuracy, and non-infringement.

Limitation of Liability: To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, regardless of cause, even if we’ve been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability; if such laws apply, some of these exclusions may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Evenday, its officers, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

Your violation of these Terms;

Your use of the App, including your User Content;

Any activity conducted via your account.

10. Termination

We may suspend or terminate your access to the App at any time, without prior notice, for any conduct we deem in violation of these Terms or harmful to our users or operations.

Upon termination, your right to use the App immediately ends. All provisions intended to survive termination (e.g., disclaimers, limitations, indemnity) will remain in effect.

11. Changes to Terms

We may modify these Terms at any time. If changes are material, we will notify you via the App or by email. The “Effective Date” at the top will be updated accordingly.

Continued use of the App after changes constitute your acceptance of the updated Terms.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of Colorado USA, without regard to conflict of laws principles.

Any disputes arising from or relating to these Terms or the App will be resolved in the courts of [Your Jurisdiction], and you consent to the exclusive jurisdiction of those courts.

13. Contact Information

If you have any questions about these Terms, please contact us:

Email: support@evenday.org

Address: 840 Detroit St, Denver CO