Terms of Service

Last updated: September 18, 2026

Please read these Terms of Service (the “Terms”) and our Privacy Policy (/privacy) (“Privacy Policy”) carefully because they govern your use of the website located at perfectday.social (the “Site”), our online services, and our corresponding mobile application (the “App”) offered by Perfect Day Social Inc (“Perfect Day”). To make these Terms easier to read, the Site, our services and the App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING MEETING OTHER USERS AND ATTENDING PLACES IN PERSON: THE SERVICES ARE USED TO PLAN AND COORDINATE ACTIVITIES THAT TAKE PLACE IN THE PHYSICAL WORLD. PERFECT DAY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON ITS USERS, DOES NOT OPERATE OR INSPECT ANY VENUE, AND IS NOT PRESENT AT ANY GATHERING ARRANGED THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND FOR YOUR OWN SAFETY. PLEASE REVIEW SECTION 12 (ASSUMPTION OF RISK; RELEASE) CAREFULLY BEFORE USING THE SERVICES.

IMPORTANT NOTICE REGARDING YOUR CONTENT: BY USING THE SERVICES YOU GRANT PERFECT DAY CERTAIN LICENSED RIGHTS IN THE CONTENT YOU MAKE AVAILABLE THROUGH THEM. YOU RETAIN OWNERSHIP OF THAT CONTENT. PLEASE READ SECTION 6 (YOUR CONTENT) CAREFULLY.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PERFECT DAY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION, INCLUDING YOUR RIGHT TO OPT OUT.

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. These Terms apply whether or not you have registered an account, and apply from the moment you first access the Services.

(a) Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

(b) Community Guidelines. Our Community Guidelines (/guidelines) are incorporated into these Terms by reference and govern the content you make available and your conduct toward other users.

(c) Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the Site, to the App, and may also send other communications. If the change is material, we will provide reasonable advance notice before it takes effect. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services any more. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

2. Who May Use the Services

You may use the Services only if you are at least 18 years of age, are not barred from using the Services under applicable law, and have not previously been removed from the Services by us. By using the Services you represent and warrant that you meet these requirements. If we learn that you do not, we will terminate your account.

The Services are not directed to children and we do not knowingly collect personal information from any person under 18. If you believe that a child has provided us with personal information, please contact us at support@perfectday.social.

3. Your Account

You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately at support@perfectday.social if you believe that any unauthorized person has obtained access to your account.

You agree to provide accurate information and to keep it current. You may not impersonate any person or entity, register an account on behalf of another person without that person’s authorization, or register a new account for the purpose of circumventing a suspension or termination.

You may delete your account at any time through the App. Section 16 describes the consequences of deletion.

4. Nature of the Services

The Services allow you to discover places, save them, organize them into itineraries (“Days”), share those Days, and coordinate outings with other people.

(a) No Relationship with Venues. Perfect Day does not own, operate, manage, staff, inspect, endorse, sponsor or control any restaurant, bar, park, shop, venue, event or other establishment identified through the Services. We are not a travel agent, a ticket seller, a reservation service or an event organizer. Where the Services link you to a third party in order to book or purchase anything, that transaction and everything arising from it is solely between you and that third party.

(b) Accuracy of Place Information. Information regarding places is compiled from open data sources, from our own research, from venues and from other users, and may be incomplete, outdated or incorrect. Hours change, establishments close, and information is sometimes entered in error. You are responsible for independently verifying any information that is material to you, including hours of operation, prices, accessibility, age restrictions, allergens, and whether an establishment is open.

(c) Recommendations. Any suggestion, ranking, ordering or itinerary produced by the Services, including any produced with the assistance of automated systems, is provided for planning purposes only, does not constitute professional advice of any kind, and is not warranted to be accurate, current or suitable for your purposes.

5. General Prohibitions and Perfect Day’s Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including any review or recommendation that is paid for or incentivized and not disclosed as such; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) discloses another person’s private information, or depicts or identifies any person who has not consented;

Harass, bully, stalk, intimidate, threaten or endanger any person, whether on or off the Services;

Use the Services, or any portion of them, for any commercial purpose or for the benefit of any third party, or to advertise or solicit, in any manner not permitted by these Terms;

Access, tamper with or use non-public areas of the Services, Perfect Day’s computer systems, or the technical delivery systems of Perfect Day’s providers;

Attempt to probe, scan or test the vulnerability of any Perfect Day system or network or breach any security or authentication measures;

Attempt to access or search the Services or download content, including place data, from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or data mining tools) other than the software or search agents provided by Perfect Day;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, or extract our source code, models or underlying data;

Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming or mail-bombing the Services;

Collect or store any personally identifiable information from the Services regarding other users without their express permission;

Impersonate or misrepresent your affiliation with any person or entity; or

Encourage or enable any other individual to do any of the foregoing.

Perfect Day is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and our Community Guidelines, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including if we, in our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and may consult and cooperate with law enforcement authorities.

6. Your Content

(a) Posting Content. Our Services allow you to store, post or share content such as photographs, captions, notes, reviews, lists, Days, place suggestions, tags, your display name, your username, your profile picture, and messages and votes within a plan room. Anything (other than Feedback, as defined in Section 7) that you post or otherwise make available through the Services is referred to as “User Content.”

Perfect Day does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content, including your right to use, reproduce and license that User Content to any other party, on any terms, at any time.

(b) Content Not Subject to These Terms. The license granted in Section 6(c) does not extend to purely factual information you contribute, such as a corrected street address, a venue’s telephone number, hours of operation, or whether an establishment accepts walk-ins, which requires no license. It does not extend to Feedback, which is governed by Section 7.

(c) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Perfect Day a non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid, perpetual and irrevocable license to host, store, cache, reproduce, distribute, transmit, modify, adapt, translate, crop, resize, reformat, excerpt, create derivative works based upon, publicly display and publicly perform your User Content, in any media now known or later developed, in connection with (i) operating and providing the Services, (ii) developing, improving and securing the Services, including by analyzing User Content and user activity to build and improve the ranking, recommendation and personalization systems used in the Services and to detect spam, fraud and content violating our Community Guidelines, and (iii) advertising and promoting the Services, including on Perfect Day’s own social media accounts and in paid advertising, in each case with respect only to User Content you have made publicly available.

This license does not include, and Perfect Day does not exercise, any right to use your User Content to train general purpose or generative artificial intelligence models, license or sell your User Content to any third party for the purpose of training such models, apply facial recognition to your User Content, or create a facial template or other biometric identifier from it.

You further grant each user of the Services a non-exclusive license to access, view, save and reshare your User Content through the Services as the Services are designed to permit.

(d) Private Content. User Content that you make available only within a private plan room, or only to specific persons you have selected, is licensed to Perfect Day solely for the purpose set out in clause (i) of Section 6(c), and Perfect Day will not use such User Content for advertising or promotional purposes or display it publicly.

(e) Name, Likeness and Moral Rights. With respect to User Content you have made publicly available, you grant Perfect Day the right to use your display name, username and profile picture in connection with that User Content, in the Services and in promotion of the Services. To the fullest extent permitted by applicable law, you waive, and agree not to assert, any moral rights, rights of attribution and rights of integrity in your User Content as against Perfect Day and the users of the Services.

(f) Your Responsibility for User Content. You are solely responsible for all of your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your provision of it, nor any use of it by Perfect Day on or through the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(g) Removal of User Content. You may remove your User Content by specifically deleting it. You should know that in certain instances some of your User Content may not be completely removed, and copies may continue to exist, including in routine backups until they expire on their ordinary schedule, in copies retained or redistributed by other users, and in promotional materials published before deletion. We may also retain User Content where required by law or where reasonably necessary to investigate a report, enforce these Terms or establish or defend a legal claim. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of, or the failure to remove or delete, any of your User Content.

7. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction, attribution, compensation or obligation of confidentiality. Do not submit any Feedback that you consider confidential or that belongs to a third party.

8. Other Content

(a) Other Users’ Content. Other users make content available through the Services. The views expressed in that content are those of the user who posted it and do not necessarily reflect the views of Perfect Day. We do not endorse, verify or assume responsibility for any User Content posted by any other user.

(b) Perfect Day’s Intellectual Property. Perfect Day and its licensors exclusively own all right, title and interest in and to the Services, including the software, the design, the Perfect Day name and logo, our curated Days, our editorial writing regarding places, and our photography, together with all associated intellectual property rights. Subject to your compliance with these Terms, Perfect Day grants you a limited, personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Services for your own personal, non-commercial purposes. All rights not expressly granted are reserved. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice.

(c) Third-Party Data. Certain place information is derived from open data sources, including Overture Maps, and from mapping providers, and is made available subject to the terms of those sources.

9. Device Permissions

The App requests permission from your device before accessing certain features. Each permission is optional, is requested at the point of first use, and may be changed at any time in your device settings. The App remains usable if you decline any or all of them.

(a) Location. Requested to identify places and Days near you and to display the map. Perfect Day requests access only while you are using the App and does not request always-on or background location access. If you decline, you may search by neighborhood or city.

(b) Notifications. Requested to deliver plan invitations, votes, friend requests and activity relating to your Days. If you decline, the Services remain fully functional.

(c) Camera. Requested to scan another user’s code in order to add that user as a friend, and to take a photograph for a Day or a place from inside the App. If you decline, you may add friends by username and choose photographs from your library instead.

(d) Photographs. Requested to select photographs to add to a Day, a place or your profile. In most places selection occurs through the operating system’s photo picker, which runs outside the App. When adding photos to a plan, the App may ask for access to your photo library so it can show your recent photos. In every case Perfect Day receives and keeps only the photographs you select.

Perfect Day does not request access to your contacts, your calendar, your microphone, or your device advertising identifier, and does not track you across the apps and websites of other companies.

10. Communications

By registering an account you consent to receive communications from us regarding your account, your plans, security matters and changes to these Terms. You may not opt out of these communications while your account remains active, although you may disable push notifications on your device. We may also send optional communications regarding new features and places, which you may disable in the App or by using the unsubscribe mechanism in any such communication.

11. Reporting and Enforcement

If you encounter content or conduct that violates our Community Guidelines, you may report it through the App. We review reports and act upon them. Depending upon our findings, we may remove content, issue a warning, restrict the functionality available to an account, suspend an account, or terminate a user’s access to the Services permanently. You may block any other user at any time, which will prevent that user and you from viewing one another across the Services.

If you believe that you or any other person is in immediate danger, contact your local emergency services. Perfect Day is not an emergency service and cannot respond in real time.

12. Assumption of Risk; Release

(a) No Screening of Users. PERFECT DAY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, SEX OFFENDER REGISTRY SEARCHES OR IDENTITY VERIFICATION ON USERS OF THE SERVICES. PERFECT DAY MAKES NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY, CONDUCT, INTENTIONS, HISTORY, HEALTH OR VERACITY OF ANY USER.

(b) Responsibility for Interactions. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR IN PERSON. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS, PARTICULARLY WHEN MEETING A NEW PERSON, COMMUNICATING OUTSIDE THE SERVICES, OR DISCLOSING YOUR LOCATION OR PLANS.

(c) Assumption of Risk. A Day may include bars, clubs, restaurants, nightlife, hiking, swimming, cycling, travel between locations and other activities that carry an inherent risk of injury, illness, property damage or death. You decide whether to attend, where to attend, and what to do upon arrival, and you knowingly and voluntarily assume all such risks. You are responsible for independently verifying any matter material to your safety, including allergens, accessibility, age restrictions, water and trail conditions, and safe transportation. Where a plan involves alcohol, you are responsible for consuming it lawfully and responsibly and for not operating a vehicle while impaired.

(d) Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE PERFECT DAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ALL CLAIMS, DEMANDS, LOSSES AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE OR INTERACTION BETWEEN YOU AND ANY OTHER USER, ANY VENUE OR ANY EVENT ORGANIZER, OR WITH ANY OCCURRENCE DURING OR RESULTING FROM AN OUTING PLANNED USING THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

13. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES, INCLUDING ANY INFORMATION REGARDING ANY PLACE. WE ASSUME NO RESPONSIBILITY FOR ANY CONTENT POSTED BY ANY USER OR THIRD PARTY, OR FOR THE CONDUCT OF ANY USER, VENUE OR EVENT ORGANIZER, WHETHER ON OR OFF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Indemnity

You will indemnify, defend and hold Perfect Day and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of any third party’s rights, including without limitation intellectual property rights, rights of privacy, rights of publicity and rights of confidentiality, (d) your violation of these Terms or our Community Guidelines, or (e) your interaction with any other user, venue or event organizer. We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you will not settle any such matter in a manner that affects Perfect Day without our prior written consent.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PERFECT DAY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT DAY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERFECT DAY’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS ACTUALLY PAID BY YOU TO PERFECT DAY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for fraud, for willful injury, or for gross negligence where applicable law does not permit its exclusion. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Perfect Day and you.

16. Termination

(a) By You. You may cease using the Services and delete your account at any time through the App.

(b) Effect of Deletion. Deletion of your account removes your profile, your saved places, lists and Days, your plan room participation, and the content you posted, including photos and reviews.

(c) By Us. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our discretion, at any time, if we believe you have violated these Terms or our Community Guidelines, if your conduct presents a risk of harm to any user, third party or to Perfect Day, or if required by law. Where we reasonably can, we will inform you of the reason and provide an opportunity to respond, unless doing so would risk harm, violate law, or compromise an investigation. If you believe an action was taken in error, you may write to support@perfectday.social and a person will review it.

(d) Survival. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(b), 6(c), 6(e), 6(f), 6(g), 7, 8, 12, 13, 14, 15, 16, 17, 18 and 19.

17. Copyright Policy

Perfect Day respects copyright law and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the rights of copyright holders. Please see our Copyright Policy (/dmca) for the procedure for submitting a notice of alleged infringement and a counter notice.

Notices of claimed infringement may be sent to support@perfectday.social with the subject line “Copyright”.

18. Governing Law and Dispute Resolution

(a) Governing Law and Forum. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 18, the exclusive jurisdiction for all Disputes (defined below) that you and Perfect Day are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and Perfect Day each waive any objection to jurisdiction and venue in such courts.

(b) Informal Resolution. Before initiating any formal proceeding, you agree to first contact us at support@perfectday.social with a description of the dispute and the relief sought. We will attempt in good faith to resolve the matter within sixty (60) days. Completion of this process is a precondition to commencing arbitration or suit.

(c) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Perfect Day agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Perfect Day are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(d) Exceptions. As limited exceptions to Section 18(c): (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent or enjoin the infringement or misappropriation of our intellectual property rights.

(e) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by these Terms. Any arbitration hearings will take place in the county where you live, or by video conference, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(f) Injunctive and Declaratory Relief. Except as provided in Section 18(d), the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief, the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration, and litigation of those issues shall be stayed pending the outcome of the individual claims in arbitration.

(g) Class Action Waiver. YOU AND PERFECT DAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 18 shall be null and void.

(h) Opt Out. You may opt out of the arbitration provisions of this Section 18 by sending written notice to support@perfectday.social with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out has no effect on any other provision of these Terms.

(i) Severability. With the exception of Section 18(g), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

19. Additional Information: Apple

This Section 19 applies to any App that you acquire from the Apple App Store or use on an iOS or iPadOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

20. Purchases

The Services are provided free of charge. If we introduce paid features or subscriptions, we will publish the applicable terms before any purchase may be made, and any purchase made through the Apple App Store will additionally be governed by Apple’s payment terms.

21. General Terms

(a) Reservation of Rights. You acknowledge that the Services are protected by copyright, trademark and other laws of the United States and foreign countries.

(b) Entire Agreement. These Terms, together with the Privacy Policy and the Community Guidelines, constitute the entire and exclusive understanding and agreement between Perfect Day and you regarding the Services, and supersede and replace all prior oral or written understandings or agreements between Perfect Day and you regarding the Services. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Perfect Day’s prior written consent, and any attempt to do so absent such consent will be null. Perfect Day may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition or sale of assets.

(c) Notices. Any notices or other communications provided by Perfect Day under these Terms will be given by email or by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You may provide notice to Perfect Day at support@perfectday.social.

(d) Waiver of Rights. Perfect Day’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Perfect Day.

(e) Force Majeure. Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control.

(f) Third-Party Beneficiaries. Except as expressly set forth in Section 19 regarding Apple, you and Perfect Day agree there are no third-party beneficiaries intended under these Terms.

(g) Contact Information. If you have any questions about these Terms or the Services, please contact Perfect Day Social Inc at support@perfectday.social.