EmoDays Terms of Use

Agreement to these Terms

These Terms of Use (“Terms”) are an agreement between you and APK Ventures, LLC (“APK Ventures,” “we,” “us”), the developer and publisher of EmoDays. By downloading, installing or using EmoDays, you agree to these Terms and to our Privacy Policy.

EmoDays is licensed to you under Apple’s Licensed Application End User License Agreement (the “Standard EULA,” https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). These Terms add to the Standard EULA. If the two conflict, the Standard EULA controls to the extent required by Apple.

Eligibility

You must be at least 13 years old to use EmoDays, or older if your country requires it. If you are under the age of majority where you live, you may use EmoDays only with the involvement of a parent or guardian who agrees to these Terms.

Your license

Subject to these Terms and the Standard EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to use EmoDays on Apple devices you own or control, for your personal, non-commercial use.

You may not: - copy, modify, distribute, sell or lease EmoDays, or create derivative works of it - reverse-engineer it or try to extract its source code, except where the law allows - get around its features, usage limits or security measures - use bots, scripts or fake locations to access its services or earn achievements

EmoDays Premium and the free trial

EmoDays Premium is an auto-renewable subscription, billed monthly or annually through your Apple ID. Premium includes features such as unlimited event searches, tour alerts, the OpenRouter AI engine, and premium avatars and themes. The current list is shown in the app before you subscribe.

• Free trial. New subscribers may get a 14-day free trial. Unless you cancel at least 24 hours before the trial ends, it converts to a paid subscription and your Apple ID is charged. If you buy a subscription during the trial, any unused part of the trial ends.
• Renewal. Subscriptions renew automatically at the then-current price unless canceled at least 24 hours before the end of the current period.
• Managing your subscription. You can manage or cancel at any time in your Apple ID account settings. Canceling stops future renewals, and you keep Premium until the end of the period you have paid for.
• Prices and refunds. Apple sets the price in your local currency and charges it, and it may vary by region. Apple handles all refunds under its own policies. APK Ventures cannot issue refunds directly.

Free plan

The free plan includes the calendar, the events catalog, notes, moods, the on-device AI Assistant (on supported devices), a limited number of event searches each month (currently 10), and a starter set of avatars and themes. We may change what’s included in the free plan or Premium. If we reduce a feature in a way that affects a paid period, we will not do so before that period ends.

Event listings and third-party services

EmoDays shows event listings, venues, tours, weather and links from third parties, including Ticketmaster, SeatGeek, Bandsintown, Viator, GetYourGuide, Tripadvisor, Foursquare, Apple Maps and Apple Weather. If you choose to connect them, it also works with music services and OpenRouter.

We don’t control these services and are not responsible for: - the accuracy of their listings, dates or prices - the availability or content of their websites - tickets or bookings you buy from them

Your use of each third-party service is subject to its own terms. Always confirm event details with the official seller before you buy or travel.

Event Check In and community rules

When your visibility is “Everyone,” other EmoDays users near a venue can see your display name and avatar. You are responsible for your display name and for how you use the map.

You agree not to: - use a display name that is hateful, harassing, sexually explicit, threatening or illegal, or that impersonates someone else - use the map to stalk, harass, threaten or locate another person - share someone else’s personal information - fake or simulate your location

Reporting and blocking. You can report a user or block them from your map at any time. We review reports, and we may remove content or restrict access to Event Check In for anyone who breaks these rules, without notice. If you see an immediate safety threat, contact local emergency services first.

Achievements

Achievements and badges are earned only through verified check-ins at real venues. They have no cash value, can’t be transferred or sold, and can be removed if we find they were earned by faking a location or other abuse.

AI Assistant

Optional feature. The AI Assistant is optional, and you can use EmoDays without it. The on-device engine requires a compatible Apple device with Apple Intelligence turned on.

Third-party services. If you connect OpenRouter, you use OpenRouter, Inc. and the AI model providers it routes to (such as Anthropic, OpenAI or Google). APK Ventures, LLC does not control these third parties. Their terms and policies govern your use of them, and you are responsible for any fees they charge. We are not responsible for their availability, charges, model behavior or handling of your data.

AI responses can be wrong. AI-generated responses may be inaccurate, incomplete, outdated or inappropriate, including dates, event details, locations and facts about artists. Check important information with official sources before you buy tickets, travel or make other decisions. We do not guarantee any AI output.

Not professional advice or a crisis service. The AI Assistant is not a doctor, therapist, counselor, lawyer or financial advisor. Its responses are not medical, mental health, legal or financial advice.

Your actions. The Assistant can suggest adding events to your calendar, but nothing is added until you confirm. You are responsible for what you choose to save and share.

Acceptable use. Don’t use the AI Assistant to create unlawful, harassing, hateful or sexually explicit content, to harm others, or to break the usage policies of OpenRouter or the model providers. Don’t try to get around the app’s limits or safety measures.

Your content. You keep all rights to the messages you write. AI conversations stay on your device or go directly to the provider you connect, so we do not receive them and claim no rights in them.

Changes. We may add, change, limit or remove AI features, engines or supported models at any time. The OpenRouter engine requires an active EmoDays Premium subscription; if your subscription ends, it pauses until you renew. The disclaimers and limitations of liability in these Terms apply to the AI Assistant.

Not a mental health service

EmoDays is a personal calendar, mood and notes journal. It is not a medical device, therapy or mental health service, and no clinician monitors it. Mood features are for personal reflection, not diagnosis or treatment. If you are in crisis or thinking about harming yourself, call or text 988 (the Suicide & Crisis Lifeline) in the U.S., or call 911 or your local emergency number. Outside the U.S., contact your local emergency services or a crisis line in your country.

Your content and your data

You own the events, notes, moods and other content you create in EmoDays. That content stays on your device and in your private iCloud, and we claim no rights in it. For your display name and avatar on the public map only, you give us a limited license to store and show them to other users so the feature can work. That license ends when your pin is removed.

You are responsible for keeping your own backups. You can export your data from Settings > Data Control, and iCloud sync depends on Apple’s service.

Your Notes passcode

If you turn on the optional Notes lock, you are responsible for remembering your passcode. We cannot recover it, because only a hash of it is stored on your device. The only recovery path is “Forgot passcode?”, which uses your device’s own passcode or biometrics to reset it. This process never deletes your notes.

Ownership

EmoDays, including its design, artwork, avatars, themes, catalog and code, is owned by APK Ventures, LLC and its licensors and is protected by intellectual property law. EmoDays and “Not just a phase.” are our trademarks. These Terms do not transfer any ownership rights to you.

Apple

You and APK Ventures acknowledge that: - These Terms are between you and APK Ventures only, not Apple. APK Ventures, not Apple, is solely responsible for EmoDays and its content. - Apple has no obligation to provide maintenance or support for EmoDays. - If EmoDays fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). Apple has no other warranty obligation for EmoDays. - APK Ventures, not Apple, is responsible for handling any claims about EmoDays, including product liability, legal or regulatory compliance, consumer protection, privacy, and intellectual property infringement claims. - Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

Disclaimers

EmoDays is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. We do not guarantee that EmoDays will be uninterrupted, error-free or always available, or that event, weather, location or AI information will be accurate.

Limitation of liability

To the fullest extent permitted by law, APK Ventures, LLC and its members, employees and partners will not be liable for: - any indirect, incidental, special, consequential or punitive damages - any loss of data, profits or goodwill arising from your use of EmoDays or any third-party service

Our total liability for any claim relating to EmoDays will not exceed the greater of (a) the amount you paid for EmoDays in the 12 months before the claim, or (b) US $50. Some places do not allow these limits, so they may not fully apply to you. Nothing in these Terms limits liability that cannot be limited by law.

Indemnification

To the extent permitted by law, you agree to defend and indemnify APK Ventures, LLC against claims, losses and expenses (including reasonable attorneys’ fees) that arise from your misuse of EmoDays, your display name or conduct on the map, or your breach of these Terms.

Termination

You may stop using EmoDays at any time by deleting the app and canceling any subscription through Apple. We may suspend or end your access to EmoDays, or to features such as Event Check In, if you break these Terms. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification and governing law) will survive.

Changes to EmoDays and these Terms

We may update EmoDays and these Terms as the app changes, and we will update the date at the top when we do. If a change is significant, we will let you know in the app before it takes effect. If you continue to use EmoDays after the change takes effect, you accept the updated Terms. If you don’t agree, stop using the app and cancel any subscription.

Governing law and disputes

These Terms are governed by the laws of the State of Louisiana and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute will be heard in the state or federal courts located in Lafayette Parish, Louisiana, and you and we consent to their jurisdiction. Before filing a claim, please contact us at [email protected] so we can try to resolve it informally. If you live in the EEA, the UK or another place whose consumer laws give you the right to bring claims in your home courts or under your local law, nothing here takes that right away.

General

If any part of these Terms is found unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not transfer these Terms; we may transfer them in connection with a merger, acquisition or sale of assets. These Terms, the Privacy Policy and the Standard EULA are the entire agreement between you and us about EmoDays.

Contact

APK Ventures, LLC
201 Rue Beauregard, Suite 202, Lafayette, LA 70508, USA
[email protected]