Terms of Service
Effective Date: February 5, 2026
Last Updated: February 5, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Rooster Chicken LLC, doing business as Daily Hue ("Daily Hue," "we," "us," or "our"), governing your access to and use of the Daily Hue mobile application (the "App") and all related services, features, content, and functionality (collectively, the "Services").
By creating an account, accessing, or using the Services, you confirm that you are at least 13 years of age and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not create an account or use the Services.
We reserve the right to modify these Terms at any time. Changes become effective upon posting to the App or our website. Your continued use of the Services after any modification constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
2. Eligibility
You must be at least 13 years of age to use the Services. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf. In jurisdictions where a higher minimum age applies (such as 16 in the EEA and UK), you must meet that higher age threshold.
By using the Services, you represent and warrant that:
- You meet the minimum age requirement applicable in your jurisdiction;
- You have the legal capacity to enter into a binding agreement;
- You are not prohibited from using the Services under any applicable law;
- Your use of the Services will not violate any applicable law or regulation;
- All information you provide is accurate, current, and complete.
We reserve the right to request verification of age or identity at any time and to suspend or terminate accounts that we believe, in our sole discretion, do not meet these eligibility requirements.
3. Account Registration and Security
3.1 Account Creation
To use the Services, you must create an account by providing a valid phone number and completing the verification process. You agree to provide accurate and complete information during registration and to keep your account information current.
3.2 Account Security
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your device and any authentication tokens. You are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account.
3.3 One Account Per Person
Each person may maintain only one account. We reserve the right to terminate duplicate accounts without notice.
3.4 Account Transfers
Accounts are non-transferable. You may not sell, trade, gift, or otherwise transfer your account to any other person or entity.
4. The Services
4.1 Description
Daily Hue is a social photography application that presents a daily color challenge. Users photograph objects matching the daily color to complete a 3x3 grid, which can be shared with other users and on external platforms.
4.2 Availability
The Services are provided on an "as available" basis. We make no guarantee that the Services will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, for any reason. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
4.3 Daily Color Challenges
Daily color challenges are determined at our sole discretion. We reserve the right to change the timing, format, frequency, scoring methodology, and any other aspect of the color challenges at any time without notice. Scores, grades, rankings, streaks, Hue Scores, and leaderboard positions are calculated using proprietary methods that we may modify at any time without notice or explanation.
4.4 Features and Functionality
We reserve the right to add, remove, or modify any feature or functionality of the Services at any time, in our sole discretion, without prior notice. This includes but is not limited to feed algorithms, scoring systems, social features, notification systems, and any gamification mechanics. No feature of the Services is guaranteed to remain available.
5. User Content
5.1 Definition
"User Content" means all content that you submit, post, upload, or otherwise make available through the Services, including but not limited to photos, captions, comments, reactions, profile information, and any other material.
5.2 Your Responsibility
You are solely responsible for your User Content. You represent and warrant that:
- You own or have all necessary rights, licenses, and permissions to submit your User Content;
- Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other legal rights;
- Your User Content does not contain any material that is unlawful, defamatory, obscene, threatening, harassing, abusive, or otherwise objectionable;
- Your User Content complies with these Terms and all applicable laws and regulations.
5.3 License Grant to Daily Hue
By submitting User Content through the Services, you grant Daily Hue a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit your User Content in any media format and through any media channel, whether now known or hereafter developed, in connection with the Services and Daily Hue's business operations, including but not limited to:
- Displaying your content within the App to other users;
- Enabling sharing of your content to third-party platforms;
- Using your content for promotional, marketing, and advertising purposes for Daily Hue;
- Creating compilations, highlight reels, or curated collections featuring your content;
- Analyzing your content to improve the Services;
- Archiving and storing your content.
This license survives termination of your account, except that we will use commercially reasonable efforts to cease active distribution of your User Content following account deletion, subject to technical limitations, cached or archived copies, and any sublicenses previously granted.
5.4 No Obligation
We are under no obligation to host, display, or distribute your User Content and may remove or refuse to display any User Content at any time, for any reason, in our sole discretion, without notice or liability to you.
5.5 No Compensation
You acknowledge and agree that you will not receive any compensation, payment, or royalty for your User Content or for the rights granted to Daily Hue under these Terms.
5.6 Content Preservation
We do not guarantee the preservation, maintenance, or backup of your User Content. You are solely responsible for maintaining backup copies of any User Content that you wish to retain. We shall have no liability for the deletion, loss, corruption, or failure to store any User Content.
6. Prohibited Conduct
You agree not to:
- Use the Services for any illegal purpose or in violation of any applicable law or regulation;
- Post or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable;
- Post or transmit content that depicts, exploits, or endangers minors in any way;
- Post or transmit intimate visual depictions of any individual without that
individual's affirmative consent, including but not limited to images that have
been digitally altered, generated, or created through artificial intelligence
or other technological means ("digital forgeries" or "deepfakes"); - Post or transmit content depicting nudity, sexual acts, or sexually suggestive
material, whether real, simulated, or digitally generated; - Post or transmit content that photographs, records, or captures any individual
in a private setting without their knowledge or consent; - Use the Services to engage in doxxing, including publishing another user's
personal information (such as real name, phone number, address, workplace,
or other identifying information) without their consent; - Use the Services to coordinate, encourage, or participate in targeted
harassment campaigns against any individual or group; - Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
- Harass, bully, intimidate, stalk, or threaten any other user;
- Use the Services to spam, solicit, or advertise;
- Collect, harvest, or scrape any data or personal information from the Services or other users, including usernames, phone numbers, or any other data, by any automated or manual means;
- Attempt to gain unauthorized access to the Services, other user accounts, or any computer systems or networks connected to the Services;
- Interfere with or disrupt the Services, servers, or networks connected to the Services;
- Use any robot, spider, crawler, scraper, or other automated means to access the Services;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any part of the Services;
- Circumvent, disable, or interfere with any security features of the Services;
- Use the Services to distribute malware, viruses, or other harmful code;
- Create multiple accounts or create an account after your account has been terminated;
- Manipulate or artificially inflate scores, streaks, rankings, or engagement metrics;
- Use the Services in any manner that could damage, disable, overburden, or impair the Services;
- Encourage or enable any other person to do any of the foregoing.
We reserve the right to determine, in our sole discretion, what constitutes a violation of these Terms and to take any action we deem appropriate, including account suspension or termination.
7. Content Moderation and Enforcement
7.1 Right to Moderate
We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at any time, for any reason, in our sole discretion. We may use automated tools, manual review, third-party services, or any combination thereof to moderate content.
7.2 Reporting
Users may report content that they believe violates these Terms, applicable law, or community standards through the in-app reporting mechanism. We will review reports at our discretion and are under no obligation to take any specific action in response to a report or to notify the reporting user of the outcome.
We maintain accessible reporting tools within the App that allow any individual — whether or not they have an account — to report:
(a) Content that constitutes cyberbullying, harassment, or targeted abuse;
(b) Content that violates these Terms or applicable law;
(c) Nonconsensual intimate visual depictions, including digital forgeries (see Section 17A).
Reports submitted through the in-app mechanism will be reviewed by a human where required by applicable law. We reserve the right to use automated tools to supplement, but not replace, human review of reports involving allegations of harassment, intimate imagery, or content affecting minors.
7.3 Enforcement Actions
If we determine, in our sole discretion, that you have violated these Terms, we may take any action we deem appropriate, including but not limited to:
- Issuing a warning;
- Removing or disabling access to specific content;
- Temporarily suspending your account;
- Permanently terminating your account;
- Reporting your conduct to law enforcement authorities;
- Pursuing any available legal remedies.
We are not required to provide notice, explanation, or an opportunity to cure before taking any enforcement action, except where required by applicable law.
7.4 User-to-User Interactions
The Services enable social interactions between users, including but not limited to viewing other users' content, reacting to content, commenting, following, and communicating through the App's features. You acknowledge and agree that:
(a) Daily Hue is not a party to, and bears no responsibility for, any interaction, communication, dispute, or relationship between users;
(b) Daily Hue does not pre-screen, endorse, verify, or assume responsibility for any User Content, including photos, captions, comments, reactions, or any other content or communications shared through the Services;
(c) Your interactions with other users are at your own risk. Daily Hue shall have no liability whatsoever for any damage, loss, or harm of any kind arising from or related to your interactions with other users, including but not limited to claims of harassment, bullying, defamation, emotional distress, or exposure to objectionable content;
(d) Daily Hue has no obligation to intervene in, mediate, or resolve any dispute between users, or to investigate any allegation of user misconduct, though we reserve the right to do so in our sole discretion;
(e) You are solely responsible for your interactions with other users and for any content you share with or transmit to other users through the Services.
YOU RELEASE DAILY HUE AND THE DAILY HUE PARTIES (AS DEFINED IN SECTION 11)
FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR INTERACTIONS WITH
OTHER USERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICH STATES: "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."
8. Intellectual Property
8.1 Our Intellectual Property
The Services, including but not limited to the App, its design, features, functionality, text, graphics, logos, icons, images, audio, software, algorithms, scoring systems, and all related intellectual property, are owned by or licensed to Daily Hue and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
"Daily Hue," the Daily Hue logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rooster Chicken LLC. You may not use these marks without our prior written permission.
8.2 Limited License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services on a personal, non-commercial basis. This license does not include the right to:
- Modify, copy, or create derivative works based on the Services;
- Use the Services for any commercial purpose;
- Sublicense, sell, resell, transfer, assign, or distribute the Services;
- Use any data mining, robots, or similar data gathering or extraction methods on the Services;
- Download, copy, or store any content from the Services other than your own User Content.
We may revoke this license at any time, for any reason, without notice.
8.3 Feedback
If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Services ("Feedback"), you hereby assign to us all rights, title, and interest in such Feedback. We may use Feedback for any purpose without compensation, attribution, or obligation to you. You agree not to submit Feedback that is subject to any third-party intellectual property rights.
9. Third-Party Services and Sharing
9.1 Third-Party Platforms
The Services may enable you to share content to third-party platforms (such as Instagram, iMessage, or other apps via your device's share sheet). We are not responsible for the practices, terms, or policies of any third-party platform. Your use of third-party platforms is at your own risk and governed by the respective third party's terms of service and privacy policy.
9.2 Third-Party Service Providers
We use third-party service providers to operate the Services. We reserve the right to change, add, or replace service providers at any time without notice. We are not responsible for the acts or omissions of our service providers, except to the extent required by applicable law.
9.3 No Endorsement
The inclusion of any third-party link, service, or integration does not imply endorsement by Daily Hue.
10. Disclaimers
10.1 "AS IS" and "AS AVAILABLE"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAILY HUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2 No Warranty of Accuracy
WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OR CONTENT OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (F) YOUR USER CONTENT WILL BE PRESERVED, MAINTAINED, OR BACKED UP.
10.3 Scoring and Rankings
COLOR MATCH SCORES, GRADES, HUE SCORES, STREAKS, LEADERBOARD RANKINGS, AND ALL OTHER METRICS ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. THEY ARE GENERATED BY AUTOMATED SYSTEMS AND MAY CONTAIN ERRORS OR INCONSISTENCIES. WE MAKE NO WARRANTY AS TO THE ACCURACY, FAIRNESS, OR CONSISTENCY OF ANY SCORING OR RANKING SYSTEM.
10.4 User Content, Interactions, and Exposure to Content
WE DO NOT ENDORSE, VERIFY, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR USER INTERACTIONS. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USERS. WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS OR YOUR RELIANCE ON ANY USER CONTENT.
YOU ACKNOWLEDGE THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO USER CONTENT THAT YOU FIND OFFENSIVE, OBJECTIONABLE, HARMFUL, INACCURATE, OR OTHERWISE INAPPROPRIATE. DAILY HUE HAS NO OBLIGATION TO PRE-SCREEN USER CONTENT AND SHALL HAVE NO LIABILITY FOR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS HARASSING, THREATENING, DEFAMATORY, OBSCENE, OR OTHERWISE OBJECTIONABLE. YOUR SOLE REMEDY FOR OBJECTIONABLE CONTENT IS TO CEASE USING THE SERVICES AND/OR USE THE IN-APP REPORTING TOOLS TO FLAG CONTENT FOR REVIEW.
10.5 No Professional Advice
THE SERVICES DO NOT PROVIDE PROFESSIONAL, LEGAL, MEDICAL, FINANCIAL, OR OTHER ADVICE. ANY CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.
11. Limitation of Liability
11.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAILY HUE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "DAILY HUE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ANY DAILY HUE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE DAILY HUE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DAILY HUE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
11.3 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DAILY HUE. DAILY HUE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
11.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the Daily Hue Parties shall be limited to the fullest extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Daily Hue Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your use of or access to the Services;
- Your User Content;
- Your violation of these Terms;
- Your violation of any applicable law, regulation, or third-party right (including intellectual property, privacy, or publicity rights);
- Any dispute between you and another user of the Services;
- Any claim by a third party arising from or related to your User Content, including but not limited to claims of defamation, invasion of privacy, nonconsensual publication of intimate imagery, right of publicity violations, or intellectual property infringement;
- Any claim arising from your interactions with other users of the Services, including but not limited to claims of harassment, bullying, stalking, emotional distress, or any other tort;
- Any allegation that your User Content caused damage to a third party.
We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You agree not to settle any claim without our prior written consent.
13. Dispute Resolution
13.1 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Daily Hue agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a "Dispute") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in a court of law.
13.2 Arbitration Procedures
- Arbitration shall be conducted by a single arbitrator.
- The arbitration shall take place in Baton Rouge, Louisiana, unless you and Daily Hue agree to an alternative location or to a virtual proceeding.
- The arbitrator shall apply Delaware substantive law consistent with the Federal Arbitration Act.
- The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
- The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim.
13.3 Arbitration Costs
If you initiate arbitration, your share of the arbitration fees will be limited to the initial filing fee set by the AAA for consumer disputes. Daily Hue will pay the remaining arbitration fees. Each party shall bear its own attorneys' fees, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
13.4 Class Action Waiver
YOU AND DAILY HUE 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, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be decided by a court.
13.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the court's jurisdiction. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
13.6 Opt-Out
You may opt out of this arbitration provision by sending written notice to hello@dailyhueapp.com within thirty (30) days of first creating your account. Your notice must include your name, username, phone number associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Daily Hue agree to submit to the exclusive jurisdiction of the state and federal courts located in East Baton Rouge Parish, Louisiana.
13.7 Survival
This arbitration provision shall survive termination of these Terms and your account.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent that arbitration does not apply, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in East Baton Rouge Parish, Louisiana, and you waive any objection to venue or jurisdiction in such courts.
15. Termination
15.1 Termination by You
You may terminate your account at any time by using the account deletion feature within the App. Upon termination, your right to use the Services will immediately cease.
15.2 Termination by Us
We may suspend or terminate your account and access to the Services at any time, for any reason or no reason, in our sole discretion, with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, extended periods of inactivity, requests by law enforcement, discontinuation of the Services, or unexpected technical issues.
15.3 Effect of Termination
Upon termination:
- All rights and licenses granted to you under these Terms will immediately terminate;
- You must cease all use of the Services;
- We may (but are not obligated to) delete your account and User Content in accordance with our Privacy Policy;
- The following sections survive termination: Section 5.3 (License Grant), Section 7.4 (User-to-User Interactions), Section 8.3 (Feedback), Section 10 (Disclaimers), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Dispute Resolution), Section 14 (Governing Law), Section 16 (General Provisions), and Section 17A (Nonconsensual Intimate Visual Depictions).
15.4 No Liability for Termination
You agree that Daily Hue shall not be liable to you or any third party for any termination or suspension of your account or access to the Services.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Daily Hue regarding the Services and supersede all prior and contemporaneous agreements, proposals, and communications, whether written or oral.
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
16.3 Waiver
The failure of Daily Hue to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Daily Hue.
16.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. Any attempted assignment in violation of this section is void.
16.5 Force Majeure
Daily Hue shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, power outages, internet or telecommunications failures, third-party service provider outages, cyberattacks, or any other cause beyond our reasonable control.
16.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any person or entity, except as expressly provided herein.
16.7 Notices
We may provide notices to you through the App, via push notification, or by posting to the Services. Such notice shall be deemed received upon delivery through the App or posting to the Services. You may provide notices to us by emailing hello@dailyhueapp.com.
16.8 Headings
Section headings are for convenience only and shall not affect the interpretation of these Terms.
16.9 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Daily Hue.
16.10 Electronic Communications
By using the Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Digital Millennium Copyright Act (DMCA)
17.1 Copyright Complaints
If you believe that any User Content available through the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material within the Services;
- Your contact information, including address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
17.2 Designated Copyright Agent
DMCA notifications should be sent to:
Rooster Chicken LLC (d/b/a Daily Hue) Attn: DMCA Agent 7353 Highland Rd, STE B PMB 1027 Baton Rouge, Louisiana 70808 Email: hello@dailyhueapp.com
17.3 Counter-Notification
If you believe that your User Content was wrongly removed or disabled as a result of a DMCA notification, you may submit a counter-notification containing the information required under 17 U.S.C. § 512(g)(3). We will process counter-notifications in accordance with the DMCA.
17.4 Repeat Infringers
We reserve the right to terminate the accounts of users who are determined to be repeat infringers, in accordance with the DMCA and our policies.
17A. Nonconsensual Intimate Visual Depictions (TAKE IT DOWN Act)
17A.1 Prohibition
The publication of nonconsensual intimate visual depictions — including photographs, videos, and digitally generated or altered imagery (commonly known as "deepfakes") — is strictly prohibited on the Services. This prohibition applies to both authentic imagery and digital forgeries as defined under the TAKE IT DOWN Act (Pub. L. No. 119-3).
17A.2 Notice and Removal Process
In accordance with applicable federal law, Daily Hue maintains a process through which any identifiable individual (or an authorized person acting on their behalf) may request the removal of an intimate visual depiction published on the Services without that individual's consent.
To submit a removal request, the requesting party must provide the following in writing:
(a) A physical or electronic signature of the identifiable individual depicted (or an authorized representative);
(b) Identification of the intimate visual depiction and information reasonably sufficient for Daily Hue to locate the material within the Services;
(c) A statement made in good faith that the intimate visual depiction was published without the depicted individual's consent;
(d) Sufficient contact information for the requesting party, including an email address.
Removal requests should be submitted to:
Rooster Chicken LLC (d/b/a Daily Hue)
Attn: Content Safety — NCII Removal
Email: safety@dailyhueapp.com
Address: 7353 Highland Rd, STE B PMB 1027, Baton Rouge, Louisiana 70808
17A.3 Response Timeline
Upon receipt of a valid removal request that complies with Section 17A.2, Daily
Hue will:
(a) Remove or disable access to the identified content within forty-eight (48)
hours;
(b) Make reasonable efforts to identify and remove any known identical copies of
the content within the Services.
17A.4 Good Faith Removal
Daily Hue shall not be liable for good faith removal of, or disabling access to,
material claimed to be a nonconsensual intimate visual depiction, regardless of
whether the material is ultimately determined to be unlawful.
17A.5 User Obligations
You represent and warrant that any content you upload, post, or transmit through
the Services does not constitute a nonconsensual intimate visual depiction of any
individual. Violation of this Section constitutes grounds for immediate account
termination and may result in referral to law enforcement authorities.
17A.6 No Monitoring Obligation
Nothing in this Section creates an obligation for Daily Hue to proactively
monitor, screen, or filter User Content for nonconsensual intimate visual
depictions. This Section establishes a notice-and-removal process only.
18. Apple-Specific Terms
If you access the Services through the Apple App Store, the following additional terms apply:
- These Terms are between you and Rooster Chicken LLC only, and not with Apple Inc. ("Apple"). Apple has no obligation to furnish any maintenance or 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 purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation 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/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement, or discharge of any such claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. 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.
- You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Contact Us
If you have any questions about these Terms, please contact us at:
Rooster Chicken LLC (d/b/a Daily Hue) Email: hello@dailyhueapp.com Address: 7353 Highland Rd, STE B PMB 1027, Baton Rouge, Louisiana 70808, United States