Daymera Terms of Service

Summary of our Terms 

These Terms of Service (“Terms”) are part of the User Agreement– a legally binding contract governing your use of DAYMERA. You should read these Terms of Service (“Terms”) in full, but here are a few key things you should take away:

·      Eligibility: Users must be at least 16 years old to use the Service, and they must comply with all applicable laws and regulations. If using the Services on behalf of an entity, users must be authorized to do so.

·      Privacy: Users consent to the collection and use of their information as described in the Privacy Policy. Information may be transferred to Portugal, Ireland, or other countries for storage and processing.

·      Content: Users are responsible for the content they provide and must comply with applicable laws. Daymera does not endorse or guarantee the accuracy of user-generated content. Daymera reserves the right to remove content that violates the User Agreement.

·      Ownership: The Software and its derivatives are owned by Daydo Technologies LDA and/or its licensors.

·      Updates/Upgrades: Daymera may update or upgrade the Services at its discretion. Some updates may be mandatory.

·      Using the Services: Users must comply with Platform Guidelines and Policies. Daymera may change or discontinue the Services at any time. Daymera reserves the right to remove content, limit distribution, suspend or terminate users, and access user information for various reasons.

·      Paid Accounts: Users may be billed for certain services. Payment terms and conditions are outlined in the Terms.

·      Compliance with Law: Users must comply with all applicable laws and regulations.

·      Changes to Software or License Agreement: Daymera may modify the Software or License Agreement, with material changes being disclosed to users.

·      Disclaimers and Limitations of Liability: The Services are provided "AS-IS." Daymera entities disclaim all warranties and limit liability for damages. Users agree to these terms by accessing or using the Services.

·      Communication: Users may receive push notifications and emails from Daymera, and they can opt out of promotional emails.

·      Miscellaneous: The License Agreement constitutes the entire agreement between users and Daymera. It is governed by the laws of Portugal, and any disputes will be resolved in the competent courts of Portugal.

Please also note that these Terms incorporate our Privacy Policy as well as other terms applicable to your use of the Services and your Content. Finally, these terms may vary depending on where you live, but in any case, you must be at least 16 years old to use Daymera. 

Daymera Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services, including our various websites, SMS, email notifications, applications, buttons, widgets, ads and commerce services, and other services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, service offers or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms. 

These Terms are an agreement between you and Daydo Technologies LDA (VAT number 517730782), which provides DAYMERA and the Services, with its registered office at Av. Reinaldo dos Santos N18, 2 DTO, Lisbon, Odivelas 2675-67, Portugal. The words “we,” “us,”, “Daymera” and “our,” mean Daydo Technologies Company. 

1.Who May Use the Services 

You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

2.Privacy 

Our Privacy Policy, although a separate document is incorporated into these Terms. The Privacy Policy describes how we handle the information you provide to us when you use the Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Portugal, Ireland, and/or other countries for storage, processing and use by us and our affiliates. 

3.Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. 

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications or services posted or advertised via the Services. We also do not endorse any opinions expressed via the Services. You understand that by using the Services, you may occasionally be exposed to Content that might be misleading, inaccurate or deceptive, in such case we ask you to report it as our objective is to keep our Services family friendly. All Content is the sole responsibility of the person or entity who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. 

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, adult themed Content, misrepresentation of Service offers, unlawful conduct, or harassment. Information regarding specific policies can be found in our Platform Policies and Guidelines document.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting [email protected]. 

4. Your Rights and Grant of Rights in the Content 

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content . 

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You also agree that this license includes the right to analyze text and other information you provide with the view to improve the Services. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. 

We have an evolving set of Guidelines and Policies for how ecosystem partners can interact with your Content on the Services. These Guidelines and Policies exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. 

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. 

5. Title and Ownership

The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by Daydo Technologies LDA and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by Daydo Technologies LDA and/or its licensors.

6. Third Party Software

Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. Daymera is not liable for any losses or damages which may occur from the use of any third party software.

We may provide tools that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Daymera with an account on the third party service. By using one of these tools, you agree that Daymera may transfer that information to the applicable third party service. Third party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.

7. Updates/Upgrades

DAYMERA improves from time to time the Services and may update/upgrade the Services at its sole discretion, with or without notification. At DAYMERA’s sole discretion, DAYMERA may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, DAYMERA may, but is not obligated to, provide email and/or internet based support with online help.

8. Using the Services 

Please review our Platform Policies and Guidelines, which are part of the User Agreement and outline conduct that is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Daymera takes enforcement actions when Content or user behavior is in violation of our Guidelines and Policies or in relation to sensitive media. Your account may be deactivated and be prohibited to use our services if your behavior is found to be in violation of our Terms, Guidelines and/or Policies. 

The Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim names/usernames if it is appropriate, including for the following reasons: (i) protecting the Services or our users; (ii) compliance with applicable laws or orders from competent authorities; (iii) breach of these Terms or our Guidelines and Policies or third parties' intellectual property or other rights; (iv) if you or your Content exposes us, other users or any third party to legal or regulatory risk; and/or (v) your prolonged inactivity. 

In consideration for our granting you access to and use of the Services, you agree that we and our third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Daymera, its users and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. 

Certain services or features may be offered on Daymera for which additional terms and conditions may apply in connection with your use of those services. These additional terms are accessible from our sites and applications dedicated to these services or features. By using or paying for any of these additional services, you will have to agree to any additional terms applicable to those services, and those additional terms will then also become part of our agreement with you. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using those services to which they apply. 

8.1 Your Account 

You may need to create an account to use the Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. 

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number. Your Account must be authentic and must not misrepresent any another person identity, trademark, or entity without permission as described in the Platform Policies and Guidelines. 

8.2 Your License to Use the Services

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided on Daymera, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the DAYMERA name or any of the DAYMERA trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain our and our licensors' exclusive property. Any feedback, comments, or suggestions you may provide regarding DAYMERA, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8.3 Misuse of the Services

You also agree not to misuse the Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: crawling or scraping the Services in any form, for any purpose without our prior written consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting or services, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) engage in any conduct that violates our Platform Manipulation and Spam Policy or any other Guidelines and Policies; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage violation of these Terms.

8.4 Ending These Terms

You may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Services. See the Privacy Policy for more information on what happens to your information. 

We may suspend or terminate your account or cease providing you with all or part of the Services at any time if we reasonably believe: (i) you have violated these Terms or our Guidelines and Policies; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 10, and the misuse provisions of Section 4 (“Misuse of the Services”). 

9. Paid accounts

9.1 Professional Accounts - Service Providers

For any paid service in which you participate, you will pay us for all charges and fees you incur in connection with each offer in the currency set forth on the applicable Insertion Order or in your account. Our offers at the time of purchase are the definitive metric under the Agreement and will be used to calculate your charges. If payment by credit card or charge card ("Credit Card") is applicable, you authorize us or our payment processing partners to charge your Credit Card for any and all amounts and fees you incur in connection with applicable paid service, including recurring payments, within the limits of the total budget and/or daily maximum amount you indicated, if applicable. The types of Credit Cards that we accept and the timing of the billing of the charges and fees may vary according to the paid service and country. The issuer of your payment method may impose additional requirements and/or charge you a foreign transaction fee or other charges. You are responsible for keeping your Credit Card information (including your name, address, card or account number, CVV number and expiration date, as applicable) on file with us current, and you also authorize us to update your Credit Card information with data we obtain from your financial institution, the issuer of your Credit Card, or from a payment network, including but not limited to Mastercard, American Express, or Visa. You authorize us, subject to Law, (i) to retain your Credit Card information for as long as is necessary to meet all of your payment obligations to us or until such time as you revoke this authorization in accordance with procedures prescribed by us, whichever is later, and (ii) to share your Credit Card and related billing and payment information with companies who work on our behalf, such as payment processors and/or credit agencies, for all purposes reasonably associated with acceptance of Credit Cards, including fraud detection, verifying credit, effecting payment, and servicing your account. Any revocation by you of this authorization will become effective when all charges and fees associated with your use of the paid services have been fully satisfied. Your revocation of this authorization will have no effect on your liability for incurred charges and fees through your participation in a paid service. If you have been provided with a line of credit for a paid service by us, or our authorized sales partner or reseller we, or our authorized sales partner or reseller may, in our sole discretion, extend, revise or revoke credit at any time. If we or our authorized sales partner or reseller agree to your request to send an invoice to a third party on your behalf, you agree to remain responsible and liable for payment, and if such third party does not pay the invoice within thirty (30) calendar days of the invoice date or as otherwise specified or authorized in writing by Daymera or Daymera’s authorized sales partner or reseller you will immediately pay all such amounts to us or to our authorized sales partner or reseller as applicable. Any late payments may accrue interest at the rate of 4 percent (4%) per annum above the base rate of Barclays Bank plc from time to time, or the maximum amount allowable under Law, whichever is less. Further, if you fail to make any payment as set forth herein, you will pay all reasonable expenses (including attorneys’ fees) incurred by us in collecting such charges. Any disputes about charges to your account(s) must be submitted to us in writing within sixty (60) days of the date you incurred such charge, otherwise you waive such dispute against us and such charge will be final and not subject to dispute between you and us. All payments of service fees, unused promotional credits, and initial deposit(s) are non-refundable and our property. Charges and fees do not include any applicable sales, use, value-added, withholding, excise, or any other taxes or government charges, which are payable by you and are in addition to any amounts due to us hereunder. If withholding taxes are imposed by any jurisdiction on the transactions described in the Agreement, you will pay such taxes such that we receive the full amount invoiced, without offset or deduction, and you will promptly provide to us the applicable certificates and receipts regarding such remittances. If you claim sales or use tax exemption, you must submit to us a valid tax exempt certificate. If you are in the European Union, we reserve the right, upon at least thirty (30) calendar days’ prior written notice, to audit your books, records, and accounts for the sole purpose of verifying your taxable status. We may, at our sole discretion, reclassify you for VAT collection purposes or immediately terminate the Agreement in the event you have misrepresented your VAT status (and in either case to collect any applicable taxes and other charges). 

9.2 Personal Accounts - Service Consumers

You’ll be automatically billed from the date you convert to a Premium (Paid) Account and on each renewal period until cancellation. Please note that you’ll be charged tax when we are required to do so, and you are responsible for all applicable taxes. You can cancel your recurring payment at any time, but we can only issue refunds for requests that occur within 48 hours of your purchase. Your Premium (Paid) Account will remain active until cancellation or termination under these Terms. Failing to pay for your Premium (Paid) Account on time might result in loss of access to features you have paid for. We may change the fees in effect at a future date, but we will send advanced notice of any changes to the email address associated with your DAYMERA account.

10. Compliance with Law

This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

11. Changes to Software or License Agreement.

DAYMERA may modify, suspend, or discontinue any aspect of the Software at any time. DAYMERA reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.

12. Disclaimers and Limitations of Liability 

12.1 The Services are Available "AS-IS" 

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Daymera Entities” refers to Daydo Technologies LDA, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE DAYMERA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The DAYMERA Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the DAYMERA Entities or through the Services, will create any warranty or representation not expressly made herein.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAYMERA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE

DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE X ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE X ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. For users of DAYMERA for iOS:

Payment will be charged to iTunes Account at confirmation of purchase

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

Account will be charged for renewal within 24-ours prior to the end of the current period

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

14. For users of DAYMERA for Android:

Payment will be charged to Google Account at confirmation of purchase

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

Account will be charged for renewal within 24-hours prior to the end of the current period

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

15. Communications

Push Notifications. When you install our app on your device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

16. Miscellaneous

This License Agreement shall constitute the complete and exclusive agreement between us. DAYMERA’S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License Agreement shall be construed and governed in accordance with the laws of Portugal (regardless of its conflict of law provisions) and the competent courts in Portugal shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement. Failure of DAYMERA to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Effective: March 1, 2024