Terms of Use

1. About During The Dash

During The Dash allows users to create, encrypt, store, schedule, and share time-locked memories.

Memories may contain:

• Written messages
• Audio recordings
• Videos
• Titles and descriptions
• Intended recipient information
• Scheduled release dates and times

A memory may appear in the app before its scheduled release time, but its protected content cannot normally be opened through the app until the selected date and time have passed.

2. Users of Different Ages

During The Dash does not currently request your date of birth or independently verify your age.

If you are under the age of legal majority where you live, you may use During The Dash only with the permission and supervision of a parent or legal guardian.

By allowing a minor to use the app, the parent or legal guardian:

• Agrees to these Terms on the minor’s behalf
• Accepts responsibility for the minor’s use of the app
• Accepts responsibility for content created or shared by the minor
• Agrees to supervise the minor’s use of the service
• Confirms that any legally required parental consent has been provided

Parents and legal guardians may contact support@duringthedash.com to request assistance or deletion of a minor’s account.

3. Account Registration

During The Dash requires an account to create, receive, and access memories. Accounts are created and accessed using a mobile phone number and one-time passcode.

You agree to:

• Provide an accurate mobile phone number
• Use only a phone number you are authorized to use
• Maintain control of the phone number associated with your account
• Keep your device and account secure
• Prevent unauthorized access
• Notify us if you suspect unauthorized account activity
• Maintain accurate account information

You are responsible for activity performed through your account, except where applicable law provides otherwise.

You may not:

• Use another person’s phone number without permission
• Impersonate another person or organization
• Sell, transfer, rent, or share your account
• Attempt to access another user’s account
• Use automated methods to create or access accounts

4. SMS Messaging

If you provide your mobile number and opt in, During the Dash, LLC may send you SMS messages for:

• Account verification, including one-time passcodes (OTP).

Message frequency varies. Message and data rates may apply.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

You can opt out at any time by replying STOP. For help, reply HELP or contact us at support@duringthedash.com.

Note: If you opt out of SMS, some features, such as phone-based login or verification, may not work.

5. User Content

“User Content” means any title, message, text, audio, video, recipient information, or other material you create, upload, store, schedule, receive, or share through During The Dash.

You retain ownership of your User Content.

You grant During the Dash a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, process, encrypt, and otherwise handle your User Content only as necessary to:

• Operate the service
• Store and deliver memories
• Make memories available to authorized recipients
• Maintain security
• Provide support
• Comply with applicable law

This license ends when your User Content is deleted from our systems.

Because memories are encrypted, we may be unable to view, recover, modify, or moderate their readable content.

6. Your Content Responsibilities

You are solely responsible for the User Content you create, upload, schedule, or share.

You represent that:

• You own the content or have permission to use it.
• Your content does not violate another person’s rights.
• You have permission to provide recipient information.
• You have obtained any consent required to record another person.
• Your use of audio and video complies with applicable recording and privacy laws.
• Your content and use of the app comply with applicable law.

You should carefully verify the intended recipient and scheduled release time before creating a memory.

7. Prohibited Content and Conduct

You may not use During The Dash to create, upload, store, schedule, share, or distribute content that:

• Is unlawful, fraudulent, threatening, abusive, or harassing
• Promotes violence or credible threats of harm
• Exploits or endangers a child
• Contains child sexual abuse or exploitation material
• Contains non-consensual intimate images
• Violates privacy, publicity, intellectual-property, or other rights
• Encourages suicide, self-harm, terrorism, or criminal activity
• Contains malware, harmful code, or intentionally corrupted files
• Is intended to stalk, intimidate, blackmail, or impersonate someone

You may not:

• Interfere with the operation or security of the service
• Attempt to bypass a memory’s release time
• Attempt to decrypt content you are not authorized to access
• Attempt to obtain another user’s private encryption key
• Circumvent access restrictions or security controls
• Introduce malware or harmful code
• Use bots, scrapers, or unauthorized automated systems
• Use the service to send spam
• Reverse engineer the app except where permitted by law
• Probe or test the service for vulnerabilities without permission

8. Encryption and Key Security

During The Dash uses AES-256-GCM to encrypt memory titles, message payloads, and audio or video files.

The AES key for each memory is protected using RSA-4096 with OAEP-SHA256. A separately encrypted copy of the AES key is created for the sender and each authorized recipient.

A user’s RSA private key is stored securely in association with that user’s device and is not uploaded to our server through the standard encryption process.

You acknowledge that:

• No security technology provides absolute protection.
• Losing access to your device or encryption keys may affect access to memories.
• Device replacement, logout, reset, loss, or damage may require an available key backup or recovery process.
• We may be unable to recover memories if the required private keys are lost or deleted.
• You are responsible for protecting your device and any key-backup information.
• Anyone with access to your unlocked device or recovery information may be able to access your account or memories.

9. Time-Locked Memories and Delivery

During The Dash is designed to make memory content available after the selected release date and time.

However, memory availability and delivery may depend on:

• Internet connectivity
• Device compatibility
• App and server availability
• Recipient account status
• Recipient information
• Encryption-key availability
• Notification settings
• Mobile operating-system restrictions
• Third-party services

We do not guarantee that a memory will be delivered, opened, or viewed at an exact time or at all.

Notifications are provided for convenience and are not guaranteed. A recipient may need to open the app to access an available memory.

10. Important Service Limitations

During The Dash is a personal memory-sharing service. It is not:

• An emergency communication service
• A guaranteed message-delivery service
• A permanent backup or archival service
• A will, trust, or estate-planning document
• A substitute for legal, medical, financial, or other professional advice
• A method for delivering legally required notices
• A suitable location for the only copy of irreplaceable information

Do not use During The Dash for emergency communication or information that must be delivered by a guaranteed legal deadline.

11. Recipient Access

When you assign or share a memory, the recipient may be able to access, download, copy, record, or independently store that content after it becomes available.

Once another person has saved content independently, we may not be able to control or delete copies stored outside our systems.

You are responsible for selecting appropriate recipients and deciding what content to share.

12. Privacy

Our collection and use of personal information are explained in our Privacy Policy.

By using During The Dash, you acknowledge that your information will be processed as described in the Privacy Policy.

13. Account Deletion

You may delete your account using the Delete Account option in the app.

You may also request assistance by contacting support@duringthedash.com.

When your account is deleted:

• Your account will no longer be accessible.
• All data associated with the account will be deleted.
• Your created memories will be permanently deleted.
• Associated encrypted files and encryption keys will be deleted.
• You may lose access to memories shared with or assigned to you.
• Deleted accounts and memories cannot be recovered.

Deleting the app does not automatically delete your account.

Account deletion cannot remove copies that another person previously downloaded, copied, recorded, or independently stored.

14. Suspension and Termination

We may suspend, restrict, or terminate access if:

• You violate these Terms.
• Your activity creates a legal or security risk.
• We suspect fraud, abuse, or unauthorized access.
• Your use may harm other users or the service.
• We are required to do so by law or an app-platform provider.
• The service is discontinued.

We may act immediately where necessary to protect users, the service, or others.

15. Intellectual Property

Except for User Content, During The Dash and its related materials are owned by or licensed to During the Dash, LLC, including:

• Software and source code
• App design and interface
• Logos and branding
• Graphics and visual elements
• Text and documentation
• Features and functionality

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the app for its intended purpose.

You may not copy, modify, distribute, sell, license, or create derivative works from our intellectual property without written permission.

16. Feedback

If you submit suggestions, ideas, or feedback, you grant us permission to use that feedback without restriction or compensation.

This does not transfer ownership of your existing User Content to us.

17. Third-Party Services

During The Dash may depend on third-party services for:

• SMS verification
• Hosting
• Encrypted file storage
• Analytics
• Crash reporting
• Mobile platform services

We do not control third-party services and are not responsible for their independent availability, terms, or privacy practices.

18. App Store Terms

If you download During The Dash through the Apple App Store or Google Play, your use of the app is also subject to the applicable platform’s terms.

The applicable platform provider:

• Is not responsible for providing maintenance or support for During The Dash.
• Is not responsible for claims concerning the app except where required by law.
• Is not responsible for addressing intellectual-property claims related to the app.
• May enforce applicable platform terms against you.

For apps downloaded through the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce applicable provisions against you.

19. Service Availability and Changes

We may add, remove, update, restrict, suspend, or discontinue features.

We do not guarantee that:

• The app will always be available.
• Every feature will operate without interruption.
• The app will be completely error-free.
• The app will remain compatible with every device.
• Notifications or memories will be delivered at an exact time.
• Stored content will always be recoverable.

20. Disclaimer of Warranties

To the fullest extent permitted by law, During The Dash is provided on an “as is” and “as available” basis.

During the Dash, LLC disclaims all express, implied, and statutory warranties, including warranties of:

• Merchantability
• Fitness for a particular purpose
• Title
• Non-infringement
• Accuracy
• Availability
• Security

Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.

21. Limitation of Liability

To the fullest extent permitted by law, During the Dash, LLC and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from:

• Loss of data or User Content
• Loss of encryption keys
• Failure or delay in memory delivery
• Unauthorized device or account access
• Service interruptions
• Recipient actions
• Reliance on the service
• Lost profits or business opportunities

Nothing in these Terms limits liability that cannot legally be excluded or limited.

22. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless During the Dash, LLC and its owners, officers, employees, contractors, and affiliates from claims, liabilities, damages, losses, and reasonable expenses arising from:

• Your use or misuse of the service
• Your User Content
• Your violation of these Terms
• Your violation of applicable law
• Your violation of another person’s rights
• Recipient information provided without authorization

This section does not apply where prohibited by law.

23. Governing Law and Disputes

These Terms are governed by the laws applicable to During the Dash, LLC, without regard to conflict-of-law principles.

Before filing a formal claim, you agree to contact us at support@duringthedash.com and attempt to resolve the dispute informally.

Nothing in these Terms limits consumer rights or dispute procedures that cannot legally be waived.

24. Changes to These Terms

We may update these Terms to reflect changes to:

• The app or its functionality
• Our operating practices
• Applicable laws
• Security requirements
• Third-party services

When material changes are made, we may provide notice through the app or another appropriate method.

The revised Terms will display an updated “Last Updated” date.

25. General Provisions

If any provision of these Terms is unenforceable, the remaining provisions will remain effective.

Our failure to enforce a provision does not waive our right to enforce it later.

You may not assign your rights under these Terms without our written permission. We may assign these Terms as part of a merger, acquisition, restructuring, or transfer of the service.

These Terms and the Privacy Policy constitute the agreement between you and During the Dash regarding your use of the service.