THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter referred to as “You” or “Your”) AND DAYSPLAN, INC. (hereinafter referred to as “DaysPlan”) GOVERNING YOUR USE OF DAYSPLAN SOFTWARE AND SERVICE (hereinafter referred to as “Service”).
ACCEPTANCE OF THE TERMS
You must be of legal age to enter into a binding agreement in order to accept the Terms. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Service.
COPYRIGHT AND DATA OWNERSHIP
1. The look and feel of the Service is a copyright of DaysPlan, Inc. All rights reserved. You may not copy, duplicate, download or reuse any portion of the content or visual or design elements from our website and Service without the express written permission from DaysPlan.
2. We claim no intellectual property rights over the data that you enter or provide to the Service.
PAYMENTS AND FEES
1. Our charges for monthly plans are posted within our software and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month.
2. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription.
3. The Service is billed in advance on a monthly or an annual basis according to the subscription plan selected during the sign-on to the Service.
4. You will not be entitled for a refund from us under any circumstances.
5. The subscription will be charged to the Payment Method that has been setup as a default payment method within the software.
6. All fees are exclusive of all taxes, duties or levies imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States Federal or State Taxes.
7. If you would like to cancel your account, a Cancellation notice should be emailed to [email protected] or [email protected] with the name on the account and the effective date of the cancellation.
CLOSING YOUR ACCOUNT
You or DaysPlan may terminate this Agreement at any time and for any reason by giving Notice to the other party. Once terminated, we may permanently delete your account and all the data associated with it, including your employee information from our software and databases. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Service. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold harmless DaysPlan, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by DaysPlan.
DaysPlan reserves the right to update and change the Terms Of Service from time to time without notice. Any new features to augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
NOTICE TO U.S. GOVERNMENT END USERS
The Software and Service, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.”. The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
1. Only as Commercial Items
2. With the same rights as all other end users, and
3. According to the Terms
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
CHOICE OF LAW
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
AMENDMENTS AND WAIVER
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Service. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.