Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Friends for Humanity, Inc. (“Friends for Humanity,” “we,” “us”). They govern your use of Daydream, including our mobile apps and the daydream.world website (together, “Daydream”). By creating an account or using Daydream, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use Daydream.

Please read “Disputes and arbitration” below. It requires most disputes to be resolved through individual binding arbitration and waives class actions and jury trials, unless you opt out within 30 days.

Who can use Daydream

You must be at least 13 years old to use Daydream. If you are under 18, or under the age of majority where you live, you may use Daydream only with the permission of a parent or legal guardian. That parent or guardian agrees to these Terms on your behalf and is responsible for your use of Daydream, including any purchases. You can’t use Daydream if you are barred from doing so by applicable law or if we have previously removed your account.

Your account

You sign in to Daydream with Apple or Google. You are responsible for everything that happens on your account, so keep your device and sign-in secure, and tell us right away if you think someone else is using your account. Accounts are personal: don’t sell, share, or transfer yours. Choose a name and handle that don’t impersonate anyone, infringe anyone’s rights, or break the content rules below. We may change or reclaim a handle that does.

How Daydream works

Daydream turns stories, choices, and the actions you write into AI-generated text, images, video, and audio (“Generated Content”). AI is unpredictable. Generated Content can be inaccurate, inconsistent, or not what you asked for. Other people may receive similar output. It is fiction: characters are not real people, even when a character is inspired by one, and nothing they say is a statement of fact or professional advice (medical, legal, financial, mental health, or otherwise).

Daydream is not a substitute for professional help. If you are in crisis or thinking about harming yourself or others, contact your local emergency services or a crisis line right away.

We are constantly improving Daydream. We may add, change, limit, or remove features, stories, AI models, and prices at any time.

Your content

“Your Content” means what you put into Daydream: the actions, dialogue, and choices you write; the stories, characters, lorebooks, and references you author; images and documents you upload; comments; and your profile. You own Your Content and the Generated Content from your sessions, and you are responsible for it. As between you and us, we assign you whatever rights we have in Generated Content from your sessions. AI-generated output may not be protected by copyright, so you may not be able to stop others from using similar output. Your rights don’t extend to other people’s content that your sessions build on, such as another creator’s story or characters.

The license you give us. You grant Friends for Humanity a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use Your Content and the Generated Content from your sessions. That includes unpublished stories and drafts. Under this license we may host, store, copy, process, edit, adapt, translate, publish, perform, display, distribute, monetize, and create derivative works from it, in any media, for any purpose related to Daydream and our business. For example, we may:

• Operate, secure, and improve Daydream, including sending it to the AI providers that generate your stories.
• Develop and train AI models.
• Show what you publish to other users, and let them play, branch, remix, watch, and continue your published stories.
• Promote Daydream in ads, marketing, social media, and press, on Daydream and elsewhere. When we do, we may credit you by your name or handle.
• Show ads or sponsored content with it, and earn revenue from it.

This license continues after you delete Your Content or your account. You won’t receive payment or further notice for these uses. To the extent the law allows, you waive any moral rights in Your Content and Generated Content for these uses.

Users under 18. We won’t use the content, name, or likeness of a user we know is under 18 in ads or marketing without consent from that user’s parent or guardian.

You promise that you have all the rights needed to share Your Content and to grant this license. That includes permission from anyone who appears in an image you upload. You also promise that Your Content and your use of Daydream follow these Terms and the law. You are responsible for any claims arising from Your Content or the Generated Content you create; see “Indemnity” below.

Don’t put sensitive personal information into Daydream. That includes your own or anyone else’s health details, government ID numbers, financial account details, passwords, or home address.

If you send us ideas or feedback, we may use them without any obligation to you.

Publishing stories

Daydream is a place to create stories for other people to play. When you publish a story, you are its creator. You are responsible for its content, including characters, images, and references, and for making sure you have the rights to it. Other players can play your story, branch and remix it, watch scenes, and add their own scenes to its shared story tree. Those scenes belong to the players who created them, not to you.

We may feature, rank, recommend, restrict, or remove published stories at our discretion. Published stories, and the scenes players create in them, may remain available after you delete your account; email us if you want a published story taken down. If we offer creator earnings in the future, separate terms will apply to them.

Content and conduct rules

Stories are fiction and may explore dramatic themes. Fiction does not make prohibited content acceptable. You may not use Daydream to create, upload, request, or share:

• Sexual content involving minors, or anyone who appears to be a minor, in any form. We remove it and report it to the National Center for Missing & Exploited Children and to law enforcement.
• Sexual, intimate, or degrading depictions of a real, identifiable person. This includes using someone’s name, photo, or likeness without their permission.
• Content that passes off fabricated events as real, or defames a real person.
• Harassment, bullying, threats, or hate directed at people based on protected characteristics.
• Content that encourages real-world self-harm, suicide, or violence.
• Content that is illegal or that helps someone break the law. That includes material about terrorism, trafficking, weapons, or fraud.
• Anything that infringes someone else’s intellectual property, privacy, or publicity rights, including their personal information.
• Spam, scams, or deceptive content.

You also may not:

• Use bots, scrapers, or other automated means to access Daydream, or interfere with its operation or security.
• Reverse engineer Daydream, or get around its rate limits, safety systems, payments, or other restrictions.
• Exploit bugs to obtain gems, coins, or other benefits. Don’t buy or sell them outside Daydream.
• Use Daydream or its output to develop or train competing AI models.
• Impersonate anyone, or create accounts to get around a suspension or ban.

Moderation and reporting

Nothing in Daydream is confidential. Using automated tools and human reviewers, we may review, filter, restrict, or remove any content at any time, including unpublished stories. We may also suspend or end accounts when we believe someone has broken these Terms, or to protect users, the public, or Daydream. We aren’t obligated to monitor content and aren’t responsible for content other users create.

To report a scene, use the in-app Report action. For anything else, such as a comment, profile, or story, email support@daydream.world.

To report copyright infringement, follow Copyright complaints (DMCA) below.

Copyright complaints (DMCA)

We respect copyright and respond to notices of claimed infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on Daydream infringes a copyright you own or are authorized to act for, send a written notice to our designated copyright agent at team@daydream.world. Your notice must include:

• Your physical or electronic signature, as the copyright owner or a person authorized to act for them.
• The copyrighted work you believe is infringed or, for several works, a representative list of them.
• The material you believe is infringing and enough information for us to find it, such as a link to the story, scene, profile, or comment.
• Your name, mailing address, phone number, and email address.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act for them.

When we receive a complete notice, we remove or disable access to the material and let the person who posted it know. Notices missing these elements may not be acted on.

Counter-notice. If your content was removed and you believe that happened by mistake or because it was misidentified, you can send a counter-notice to team@daydream.world. It must include:

• Your physical or electronic signature.
• The material that was removed and where it appeared before it was removed.
• A statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification.
• Your name, mailing address, and phone number.
• A statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who sent the original notice or their agent.

We send a valid counter-notice to the person who filed the original notice. Unless they tell us within 10 business days that they have filed a court action to keep the material down, we may restore it 10 to 14 business days after we receive the counter-notice.

Repeat infringers. In appropriate circumstances, we suspend or end the accounts of people who repeatedly infringe copyrights.

Knowingly misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages, including our costs and attorneys’ fees. If you aren’t sure whether content infringes your rights, consider talking to a lawyer first.

Gems, coins, and memberships

Daydream sells virtual currency (gems and coins) and memberships through the Apple App Store and Google Play. The price of each purchase is shown in the app before you buy. The App Store or Google Play handles payment, under its own terms.

Gems and coins are a limited, non-transferable, revocable license to use features inside Daydream. They are not money and have no cash value. You can’t redeem, sell, or transfer them, except where the law requires otherwise. Purchased gems and coins don’t expire while your account is open. Free daily coins reset each day and don’t carry over. Gems and coins are spent when you use a feature that costs them, such as generating a new scene. The app marks those features. If a generation fails on our side, we automatically return the gems or coins it used.

Except where required by law, all purchases are final. Refund requests go to Apple or Google under their policies. If a store refunds a purchase, we may remove the gems, coins, or benefits it provided, which can leave your balance negative.

Memberships renew automatically at the price and interval shown when you subscribe until you cancel. Cancel in your App Store or Google Play subscription settings at least 24 hours before the next renewal. Free trials convert to paid memberships unless you cancel before they end. Deleting your account or the app does not cancel a membership.

We may change prices, what features cost, and membership benefits. Subscription price changes follow the notice rules of the App Store or Google Play. If we end your account for breaking these Terms, you lose any unused gems, coins, and membership benefits, to the extent the law allows.

Our intellectual property

Daydream is owned by Friends for Humanity or our licensors. That includes its software, design, brand, and the stories and characters we create. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use Daydream for personal, non-commercial purposes under these Terms. You may not copy, modify, distribute, sell, or lease any part of Daydream except as these Terms allow. Stories published by other users belong to their authors.

Third-party services

Daydream works with services we don’t control. These include the App Store, Google Play, Sign in with Apple, Google Sign-In, and our Discord community. Their own terms and privacy policies govern your use of them. We aren’t responsible for them.

Apple and Google

If you downloaded Daydream from the Apple App Store, you and we acknowledge the following:

• These Terms are between you and Friends for Humanity only, not Apple. We, not Apple, are solely responsible for Daydream and its content.
• Apple has no obligation to provide maintenance or support for Daydream.
• If Daydream fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the app’s purchase price, if any. To the maximum extent the law allows, Apple has no other warranty obligation for Daydream.
• Apple is not responsible for any claims by you or a third party relating to Daydream. That includes product liability claims, claims that Daydream fails to meet legal or regulatory requirements, and consumer-protection or privacy claims. Apple is also not responsible for investigating, defending, settling, or discharging a claim that Daydream infringes someone’s intellectual property; we are.
• You represent that you aren’t located in a country subject to a U.S. government embargo, or one the U.S. government has designated as “terrorist supporting.” You also represent that you aren’t on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You must also follow the App Store’s usage rules. If you downloaded Daydream from Google Play, the Google Play Terms of Service also apply.

Ending your use of Daydream

You can stop using Daydream at any time. You can delete your account in the app under Settings → Delete account, or by email; see Delete Account. We may suspend or end your access if you break these Terms or if your use creates risk or legal exposure for us or others. We may also do so if the law requires it or if we stop offering Daydream. Sections that by their nature should continue will survive after your access ends. These include Your Content licenses for published stories, purchases, disclaimers, limitation of liability, indemnity, and disputes.

Disclaimers

DAYDREAM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, FRIENDS FOR HUMANITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THESE INCLUDE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON’T PROMISE THAT DAYDREAM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE ALSO DON’T PROMISE THAT GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR AVAILABLE. Some places don’t allow these disclaimers, so some of them may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, FRIENDS FOR HUMANITY AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. WE ALSO WON’T BE LIABLE FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL ARISING FROM OR RELATING TO DAYDREAM OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO DAYDREAM OR THESE TERMS IS LIMITED TO THE GREATER OF US$100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. These limits apply even if a remedy fails of its essential purpose, except where the law doesn’t allow them.

Indemnity

To the extent the law allows, you will defend and indemnify Friends for Humanity and its officers and employees against third-party claims, losses, and expenses, including reasonable legal fees. This applies to claims arising from Your Content, your misuse of Daydream, or your breach of these Terms.

Disputes and arbitration

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs this arbitration agreement.

Try us first. Before starting a claim, email support@daydream.world with your name, your account handle, and a description of the dispute. We’ll try to resolve it informally within 60 days.

Binding arbitration. If we can’t resolve it, you and Friends for Humanity agree that any dispute arising from or relating to Daydream or these Terms will be resolved by binding arbitration on an individual basis. The American Arbitration Association will administer it under its Consumer Arbitration Rules. Hearings may take place by video, by phone, or in the county where you live. Fees are allocated under those rules. Either of us may instead bring an individual claim in small-claims court. Either of us may also seek court relief to stop the infringement or misuse of intellectual property. If 25 or more similar claims are filed by or with the help of the same lawyers or coordinated parties, the American Arbitration Association’s Mass Arbitration Supplementary Rules apply.

No class actions or jury trials. You and Friends for Humanity may bring claims only in an individual capacity, not as a plaintiff or class member in any class, consolidated, or representative proceeding. You and we each waive the right to a jury trial. If this class-action waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.

Opting out. You can opt out of this arbitration agreement. To do so, email support@daydream.world within 30 days of first accepting these Terms. Include your name, your account handle, and a clear statement that you are opting out of arbitration.

Courts. Any claim not subject to arbitration will be brought only in the state or federal courts located in Delaware. You and we consent to their jurisdiction.

Time limit. To the extent the law allows, any claim relating to Daydream or these Terms must be filed within one year after it arises, or it is permanently barred.

Changes to these Terms

We may update these Terms as Daydream changes. When we do, we’ll update the effective date above. For material changes, we’ll give notice in the app or by other reasonable means before they take effect. If you keep using Daydream after changes take effect, you accept them. Changes to the arbitration section won’t apply to a dispute you already told us about.

General

These Terms and our Privacy Policy are the entire agreement between you and us about Daydream. If a provision is found unenforceable, the rest stay in effect. Our not enforcing a provision isn’t a waiver. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets. We aren’t liable for delays or failures caused by events beyond our reasonable control.

Contact us

Questions about these Terms can be sent to Friends for Humanity, Inc. at support@daydream.world.