Dayabi Terms of Use

Effective Date: 12/09/2024

Welcome to Dayabi. We provide a software-as-a-service (“SaaS”) platform designed to help businesses manage their operations more effectively (“Services”). These Terms of Use (“Terms”) govern your use of the Dayabi platform, websites, applications, and related services. By accessing or using the Services, you (“you,” “your,” or “User”) agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of a legal entity (e.g., a company), you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Services.

1. Eligibility and Account Registration

• 1.1 Eligibility: You must be at least 16 years old (or the legal minimum age in your jurisdiction if higher) to use the Services. Our platform is intended for business use, and by using the Services, you confirm you are doing so in a professional capacity.
• 1.2 Account Creation: To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized use.
• 1.3 Business Use: If you use the Services on behalf of a company or organization, you warrant that you have the authority to bind that entity to these Terms.

2. Subscription, Fees, and Payment

• 2.1 Subscription Plans: We offer both free and paid subscription plans. Paid plans unlock additional features. Pricing and plan details will be presented at the time of purchase or upgrade.
• 2.2 Billing and Payment: All billing for paid subscriptions will be processed through our third-party payment processor, Stripe. By subscribing to a paid plan, you authorize Dayabi (or Stripe on our behalf) to charge the payment method you provide for all applicable fees and taxes. You must ensure your billing information is accurate and current.
• 2.3 Auto-Renewal and Fee Changes: Paid subscriptions generally renew automatically at the end of each billing cycle. We will provide reasonable notice of fee changes or new terms before your subscription renews. If you do not agree to the new pricing or terms, you must cancel before the renewal date. Continuing to use the Services after the renewal date or changes become effective constitutes your acceptance of the updated terms.
• 2.4 Refunds: Unless otherwise required by law or stated at the time of purchase, all payments are non-refundable.

3. Acceptable Use of the Services

• 3.1 Compliance with Laws: You agree to use the Services in compliance with all applicable laws, regulations, and third-party rights.
• 3.2 Prohibited Activities: You shall not:
  • Engage in illegal, fraudulent, or deceptive activities.
  • Infringe or misappropriate intellectual property or privacy rights.
  • Attempt to reverse engineer, decompile, or tamper with the Services.
  • Introduce malware, viruses, or harmful code.
  • Scrape, crawl, or harvest data without our written consent.
  • Interfere with the performance, availability, or security of the Services.
• 3.3 Third-Party Integrations: The Services may integrate with third-party applications. By enabling such integrations, you allow us to share relevant data with those third parties. We are not responsible for their services, policies, or actions.

4. Your Content and Data

• 4.1 User Content: You may upload or store content, data, and other materials to the Services (“User Content”). You retain all rights to your User Content. By submitting User Content, you grant Dayabi a non-exclusive, worldwide, royalty-free license to process, store, and display it as necessary to operate and improve the Services.
• 4.2 Data Protection: You are responsible for ensuring that your collection, use, and submission of User Content complies with applicable data protection and privacy laws. You must obtain all necessary consents for the processing of personal data.
• 4.3 Security and Backups: We maintain industry-standard safeguards to protect your User Content, but cannot guarantee absolute security. You are responsible for maintaining backups of your data.
• 4.4 Removal of Content: We may remove or block User Content that we believe violates these Terms or applicable law. We have no obligation to review all User Content.

5. Intellectual Property

• 5.1 Our IP: Dayabi and its licensors retain all rights, title, and interest in and to the Services, including software, code, logos, trademarks, and underlying technology. Except as expressly granted, no license is provided.
• 5.2 Feedback: You may provide feedback, suggestions, or ideas about the Services (“Feedback”). We may use Feedback without obligation or compensation to you.

6. Confidentiality

If you receive confidential or proprietary information from Dayabi, you must protect it and not disclose it to any third party except as authorized or required by law.

7. Disclaimer of Warranties

The Services are provided “as is” and “as available.” Dayabi disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, secure, or error-free.

8. Limitation of Liability

To the fullest extent allowed by law, Dayabi and its affiliates shall not be liable for any indirect, special, incidental, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity. In no event shall our total liability exceed the amounts you paid to Dayabi during the twelve (12) months preceding the event giving rise to liability or one hundred U.S. dollars ($100), whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dayabi, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Services, breach of these Terms, or violation of any applicable law or rights of a third party.

10. Term and Termination

• 10.1 Term: These Terms remain in effect until terminated.
• 10.2 Termination by You: You may terminate your subscription at any time using the account settings or by contacting us.
• 10.3 Termination by Us: We may suspend or terminate your account if we believe you have violated these Terms, pose a security or legal risk, or if we discontinue the Services. We will provide notice when reasonable.
• 10.4 Effect of Termination: Upon termination, your right to use the Services ceases immediately. We may delete your User Content according to our data retention policies, with no liability for any loss.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Insert Governing Jurisdiction], without regard to conflict of laws principles. Any disputes shall be resolved through binding arbitration or the courts located in [Insert Venue]. You consent to personal jurisdiction and venue in those courts.

12. Changes to These Terms

We may update these Terms periodically. If we make material changes, we will provide notice (e.g., by email or posting a notice in the Services). Your continued use after changes take effect constitutes acceptance of the updated Terms.

13. Miscellaneous

• 13.1 Entire Agreement: These Terms, along with our Privacy Policy and any other applicable agreements, represent the entire agreement between you and Dayabi regarding the Services.
• 13.2 Severability: If any provision is held invalid, the rest remain in full force.
• 13.3 No Waiver: Failure to enforce a provision does not waive our right to do so later.
• 13.4 Assignment: You may not transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
• 13.5 No Third-Party Beneficiaries: These Terms do not create rights enforceable by third parties.

14. Contact Us

For questions about these Terms or the Services, contact us at connect@dayabi.com.