Terms of Service

Last updated: December 09, 2025

1. Acceptance of Terms

By accessing or using The Daily Neon ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

The Service is operated by Lanier Web Development LLC ("we", "us", or "our"). These Terms govern your use of our website and services located at thedailyneon.com and any related services.

2. Description of Service

The Daily Neon is an AI-powered marketing content platform that helps users create branded social media content. The Service includes:

  • A "swipe file" feature for uploading and organizing inspiration images
  • AI analysis of uploaded images for style and mood detection
  • AI-generated marketing images based on your brand and inspiration
  • A community gallery where users can share and discover inspiration

3. User Accounts

To use certain features of the Service, you must create an account. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring your account information is accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activities.

4. User Content and Uploads

4.1 Your Responsibility

You are solely responsible for all content you upload to the Service ("User Content"), including but not limited to images, text, and brand materials. By uploading content, you represent and warrant that:

  • You own the content or have the necessary rights, licenses, and permissions to use and share it
  • Your content does not infringe on any third party's intellectual property, privacy, or other rights
  • Your content does not violate any applicable laws or regulations
  • Your content is not defamatory, obscene, harmful, or otherwise objectionable

4.2 License to Us

By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your content solely for the purpose of providing and improving the Service. This includes using your content for AI analysis and generation.

4.3 Public Sharing

If you choose to make your uploaded content public (share it to the Global Swipe File), you grant other users a non-exclusive license to view, save, and use that content as inspiration within the platform. You can remove public content at any time by making it private.

4.4 Content We May Remove

We reserve the right to remove any User Content that violates these Terms, infringes on others' rights, or is otherwise inappropriate at our sole discretion.

5. AI-Generated Content

5.1 Ownership

Content generated by our AI tools based on your inputs ("Generated Content") is provided to you for your use. You may use Generated Content for commercial and non-commercial purposes, subject to these Terms.

5.2 No Guarantees

AI-generated content is provided "as is." We do not guarantee that Generated Content will be:

  • Free from errors, biases, or unintended outputs
  • Suitable for any particular purpose
  • Free from similarities to existing works or third-party content

You are responsible for reviewing all Generated Content before use and ensuring it meets your needs and does not infringe on any third-party rights.

5.3 Prohibited Uses

You may not use the Service or Generated Content to:

  • Create content that is illegal, harmful, threatening, abusive, or hateful
  • Impersonate individuals or entities
  • Generate deceptive or misleading content (including deepfakes)
  • Create content that exploits or harms minors
  • Violate any applicable laws or regulations

6. Intellectual Property

The Service, including its design, features, code, and branding (excluding User Content and Generated Content), is owned by Lanier Web Development LLC and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

7. Subscriptions and Payment

Some features of the Service may require a paid subscription. If you subscribe:

  • You agree to pay all applicable fees as described at the time of purchase
  • Subscriptions automatically renew unless cancelled before the renewal date
  • Refunds are handled according to our refund policy (available upon request)
  • We may change pricing with reasonable notice to subscribers

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANIER WEB DEVELOPMENT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Indemnification

You agree to indemnify and hold harmless Lanier Web Development LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

12. Termination

You may stop using the Service at any time by deleting your account. We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms.

Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or for legitimate business purposes.

13. Governing Law

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Colorado.

14. Contact Us

If you have questions about these Terms, please contact us at:

Lanier Web Development LLC
Email: hello@lanierweb.dev