Terms of Service

Last Updated: March 14, 2025

1. Acceptance of Terms

Welcome to Bad Day. These Terms of Service ("Terms") govern your access to and use of the Bad Day website, mobile application, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Please read these Terms carefully before using our Service. By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We may modify these Terms at any time, at our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Service or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Service anymore.

3. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

4. User Accounts

4.1 Account Creation

To use certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including, but not limited to, your violation of these Terms. You may also terminate your account at any time by following the instructions on the Service or by contacting us.

5. User Content

5.1 Content Ownership

The Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Service.

5.2 Content License

By posting User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). This license allows us to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Service and to make User Content submitted to or through the Service available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such User Content.

5.3 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting User Content, you represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content.
  • The posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights.
  • Post, upload, or distribute any User Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
  • Interfere with security-related features of the Service.
  • Interfere with the proper working of the Service.
  • Use any robot, spider, crawler, scraper, or other automated means to access the Service.
  • Bypass measures we may use to prevent or restrict access to the Service.
  • Impersonate another person or misrepresent your affiliation with a person or entity.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.

7. Intellectual Property Rights

7.1 Service Content

Except for User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Bad Day Content"), and all intellectual property rights related thereto, are the exclusive property of Bad Day and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.

7.2 Limited License

Subject to your compliance with these Terms, Bad Day grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Bad Day Content solely in connection with your permitted use of the Service.

8. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Bad Day. Bad Day has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Bad Day shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAD DAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BAD DAY MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

11. Limitation of Liability

IN NO EVENT SHALL BAD DAY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Bad Day and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Contact Us

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

Email: legal@baddayapp.com