Terms & Conditions

These Terms govern your use of the Pick Of The Day app (the "App"), which Edouard Munck, doing business as GOTD ("GOTD", "we", "us"), provides. By creating an account or using the App, you agree to these Terms. Our Privacy Policy explains how we handle your personal data.

1. Who can use the App

You must be at least 16 years old if you live in the European Economic Area, and at least 13 years old elsewhere, or older if the law of your country sets a higher minimum age of digital consent. If you are under the age of majority, a parent or guardian must agree to these Terms for you.

2. Your account

You sign in with Sign in with Apple. You are responsible for activity on your account and for keeping your device secure. You can delete your account at any time from Account › Delete account.

3. How the App works

Friend groups receive a daily selection of items on a topic (for example GIFs, jokes or dishes), score them, and pick an item "of the day" together. You can create groups and invite friends with invite codes. Do not share codes with people you don't want in your group. You can join as many groups as you are invited to. Without Premium, you can create one group (§7).

4. Acceptable use

You agree not to:

• use usernames, group names or emojis that are unlawful, hateful, harassing, sexually explicit, impersonating, or that infringe someone else's rights;
• harass, threaten or abuse other members;
• scrape, reverse-engineer, overload or interfere with the App, or get around its security, rate limits, group limits or ads;
• use the App for commercial purposes without our permission;
• break any applicable law.

We may remove content, or suspend or close accounts, that break these rules. Report abuse to support@pickoftheday.app.

5. Third-party content

Most items in the App come from third-party providers, such as joke and recipe databases (for example the Official Joke API and TheMealDB) and, where available, GIF services such as GIPHY; some items, such as many of our jokes, are our own. GIFs from GIPHY load directly from GIPHY's servers; see the Privacy Policy. The App's Acknowledgements screen lists our content sources and their licences. We do not own third-party content. It remains the property of its owners, it is shown under the providers' terms, and attribution appears where required. Third-party content may sometimes be inaccurate, outdated or offensive to some people. We filter by content rating but cannot guarantee every item. Recipes and dish information are for entertainment only; check ingredients for allergies.

Copyright complaints (notice and takedown). We respect intellectual property rights and respond to notices under the US Digital Millennium Copyright Act (17 U.S.C. § 512) and similar laws. If you believe content in the App infringes your copyright, send a written notice to our copyright agent:

• Designated agent: pending designation with the US Copyright Office. Until it is registered, send notices by email.
• Email: support@pickoftheday.app (subject: "Copyright notice")

Once our agent is registered, we will add its details here and in the US Copyright Office DMCA Designated Agent Directory. Your notice must include:

1. your physical or electronic signature (or that of a person authorised to act for the copyright owner);
2. identification of the copyrighted work you claim is infringed;
3. identification of the material in the App you claim is infringing, with enough detail for us to find it (for example the group, the date and a screenshot or description of the item);
4. your name, postal address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act for the owner.

When we receive a valid notice, we will remove or disable access to the material promptly and, where the material was provided by a user, tell that user. Counter-notice: a user whose material was removed may send a counter-notice to the same agent with their signature, identification of the removed material and where it appeared, a statement under penalty of perjury that they have a good-faith belief it was removed by mistake or misidentification, and their name, address, telephone number and consent to the jurisdiction of the US federal district court for their address (or, outside the US, any judicial district in which we may be found) and to accept service from the complainant. We may restore the material 10 to 14 business days after the counter-notice unless the complainant tells us it has filed a court action. Repeat infringers: we will close the accounts of users who repeatedly infringe others' rights, in appropriate circumstances. Knowingly false notices or counter-notices may make you liable for damages (17 U.S.C. § 512(f)). Users in the EU can also report illegal content to support@pickoftheday.app; we will handle these reports under applicable law.

6. Your content

You keep any rights you have in your username, group names and emoji choices. You give us a worldwide, non-exclusive, royalty-free licence to host and display them to the members of your groups, only so that we can operate the App.

7. Ads, group limit and Premium subscription

7.1 Free use. The App is free to use. Everyone, with or without Premium, can join as many groups as they are invited to, with an invite link, code or QR code. Without Premium, the App shows you ads and you can create only one group. A group counts toward this limit while you are a member of a group you created; if you leave it or it is deleted, you can create another. Other limits, such as the number of groups anyone can create in one day, still apply. See §7.10 if your Premium ends and §7.11 for groups created before this limit.

7.2 What Premium includes. Pick Of The Day Premium ("Premium") currently gives you, while it is active:

• unlimited group creation: you can create as many groups as you like (joining groups by invite is unlimited for everyone, §7.1); and
• no ads: no ads are shown to you anywhere in the App.

To prevent abuse, a fair-use limit applies to how many groups anyone can create in one day (currently 20 a day with Premium and 3 without). We may adjust it to protect the App.

We may add, change or remove Premium benefits over time. If we remove or materially reduce a benefit you are paying for, we will tell you in the App (and, where the App Store allows, by other means) at least 30 days before the change applies to you, and you can cancel before then (§7.9). Where the law gives you further rights, for example a right to end the contract or to a price reduction for a change to a digital service, those rights apply.

7.3 Premium is personal. Premium applies only to the Pick Of The Day account that bought it. It does not remove ads or the group-creation limit for anyone else: other members of your groups who do not have Premium still see ads and can still create only one group, and you cannot transfer or share Premium with them.

7.4 Premium badge. Other members of the groups you belong to can see that you have Premium, through a small Premium mark on your emoji wherever it appears in those groups (for example in the member switcher, picks, history and member lists). The mark shows while your Premium is active, including during a free trial, and disappears when it ends. Other members do not see which plan you chose, whether you are on a trial or an offer, what you paid, or any payment details.

7.5 Plans, price and billing. Premium is an auto-renewable subscription sold through the Apple App Store, with weekly, monthly and yearly plans. The price of each plan, including any applicable taxes, is shown in the App before you buy and on the App Store, and may vary by country. Payment is charged to your Apple Account when you confirm the purchase. Apple processes the payment; we never receive your card or bank details.

7.6 Automatic renewal. Your subscription renews automatically at the end of each period (week, month or year, according to your plan) at the then-current price for that plan, unless you cancel it at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the current period ends.

7.7 Free trials, introductory and promotional offers. From time to time we may offer Premium on special terms through the App Store, such as a free trial, an introductory price (for new subscribers), a promotional price (for current or former subscribers), an offer code, or a win-back offer (for former subscribers). Eligibility is decided by Apple and us; for example, Apple generally allows only one introductory offer per Apple Account. The length, price and conditions of each offer are shown to you before you accept it, and those terms apply in addition to these Terms.

• A free trial converts automatically into a paid subscription at the end of the trial, at the price shown when you accepted it, unless you cancel at least 24 hours before the trial ends.
• An introductory or promotional price applies only for the period stated in the offer. After that, your subscription renews automatically at the regular price for your plan unless you cancel at least 24 hours before the end of the current period.
• Any unused part of a free trial ends when you buy a subscription.

7.8 Changing plans. You can switch between weekly, monthly and yearly plans in your Apple Account subscription settings, which the App opens from Account › Premium › Manage Subscription. Apple applies the change according to its rules:

• an upgrade (to a higher level of service, where we offer one) usually takes effect immediately, and Apple refunds the unused part of your current period on a pro-rata basis;
• a downgrade usually takes effect at your next renewal date;
• a crossgrade (to another plan of the same level, for example monthly to yearly) takes effect immediately if the new plan has the same period, and otherwise at your next renewal date. The price of the new plan is shown before you confirm the change.

7.9 Cancelling. You can cancel at any time in your Apple Account settings (on iPhone: Settings › [your name] › Subscriptions › Pick Of The Day, or from the App Store), and the App opens them from Account › Premium › Manage Subscription. Deleting the App or your account does not cancel your subscription. After you cancel, Premium stays active until the end of the period you have paid for. We do not give partial refunds for unused time, except where §7.12, §7.13 or the law requires it.

7.10 When Premium ends. When your Premium ends (because you cancelled, a payment failed, it was refunded, or for any other reason), ads return for you and the group-creation limit applies again. You keep every group you are a member of, including groups you created with Premium, and you can keep joining groups by invite. You can create a new group without Premium only if you are no longer a member of any group you created; otherwise you need to subscribe again to create one.

7.11 Groups created before the limit. Groups created before the group-creation limit takes effect do not count toward it, even if you created them. You keep all your existing groups, and without Premium you can still create one new group.

7.12 Refunds. Apple handles all billing and refunds under its own terms. To request a refund, use reportaproblem.apple.com or contact Apple Support. We cannot issue refunds for App Store purchases ourselves.

7.13 Your right of withdrawal (EU, EEA and UK consumers). If you are a consumer in the EU, the EEA or the UK, you have the right to withdraw from a Premium purchase within 14 days without giving a reason. Because Premium is sold through the App Store, you exercise this right with Apple: use reportaproblem.apple.com or contact Apple Support, and Apple processes the refund under its own terms. Premium starts as soon as your purchase is confirmed; this does not take away your right of withdrawal. If you withdraw, Premium ends for your account (§7.10).

Nothing in this section limits rights you have under the mandatory consumer law of your country.

7.14 Price changes. We may change the price of any Premium plan. We will tell you in advance, through Apple and, where we can, in the App, as required by the App Store and by law. Price changes apply from your next renewal after the notice period. If you do not agree, cancel before the change takes effect. Where Apple or the law requires your consent to an increase, your subscription will not renew at the new price unless you consent.

7.15 Restoring purchases; no Family Sharing. Family Sharing is not available for Premium: it cannot be shared with members of your Apple family group. Premium is linked to the Apple Account that bought it and to the Pick Of The Day account you were signed in to when you bought it. You can restore it on another device signed into the same Apple Account with Restore Purchases, on the Premium screen or in Account › Premium; a restored purchase only reactivates Premium for the Pick Of The Day account that bought it, not for another Pick Of The Day account signed in on that device.

7.16 Ending Premium on our side. If we stop offering Premium or close the App, we will give you reasonable notice and stop renewals; where you have paid for a period we can no longer provide, you can ask Apple for a refund and, where the law requires it, we will support it. If we suspend or close your account for a serious breach of these Terms (§12), your Premium benefits end; whether you get a refund then depends on Apple's policies and the law.

8. Our intellectual property

The App, its design, code and branding belong to us or our licensors. We give you a personal, non-transferable, revocable licence to use the App on devices you own or control, for personal, non-commercial use.

9. Availability and changes

We may change, suspend or stop the App, or any topic or feature, at any time. Topics depend on third-party providers that may change their terms or stop their service.

10. Disclaimers

The App is provided "as is" and "as available", to the extent the law allows. We do not promise that it will be uninterrupted, error-free, or free of objectionable third-party content. Nothing in these Terms limits rights you have as a consumer under mandatory law.

11. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental or consequential damages, or for loss of data or profits. Our total liability is limited to the greater of the amount you paid us in the last 12 months or US$50. These limits do not apply to liability that cannot be limited by law, such as death or personal injury caused by negligence, or fraud.

12. Termination

You can stop using the App and delete your account at any time. We may suspend or end your access if you break these Terms, and we will tell you why where the law requires it. Sections 5, 7.12, 7.13, 8, 10, 11 and 14 survive termination. Ending your account does not cancel an App Store subscription (§7.9).

13. Apple-specific terms

These Terms are between you and us, not Apple. Apple is not responsible for the App or its content, and has no obligation to provide maintenance or support. If the App fails to meet any applicable warranty, you may notify Apple for a refund of the purchase price, if any; beyond that, Apple has no warranty obligation. Apple is not responsible for any claims relating to the App, including product liability, legal compliance and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. You confirm that you are not in a country subject to a US Government embargo and are not on a US Government list of prohibited or restricted parties.

14. Governing law and disputes

14.1 Governing law. These Terms are governed by the laws of the State of California, USA, and applicable US federal law, without regard to conflict-of-law rules.

14.2 Courts. Any dispute will be heard by the state or federal courts located in San Francisco County, California, and you and we consent to their jurisdiction.

14.3 Consumers outside the US. If you are a consumer living in the EU, the EEA, the UK, Switzerland or another country whose law gives you this protection, the choice of California law does not deprive you of the protection of the mandatory laws of your country of residence, and you may also bring proceedings in the courts of your country of residence.

15. Changes to these Terms

Each version of these Terms has a version number, an effective date and a summary of changes. The current version is at https://pickoftheday.app/terms, and earlier versions stay available at https://pickoftheday.app/terms/<version>. When we publish a new version, we will notify you in the App, and may also send a push notification if you have allowed notifications. Each change is classified as material or minor:

• Material changes, for example to your rights, to how disputes are handled, to fees, or to how we use your content, take effect for you only once you accept them in the App. Until you accept, you cannot keep using the App, but you can read the new Terms, sign out, or delete your account.
• Minor changes, such as clarifications, typo fixes or new contact details, are shown to you in a notice and apply from their effective date.

16. Contact

Edouard Munck, doing business as GOTD, United States. Support and questions about these Terms: support@pickoftheday.app. Copyright notices: support@pickoftheday.app (subject: "Copyright notice", §5). Privacy requests: privacy@pickoftheday.app.