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Dayswork Terms of Service and Privacy Policy

1. Introduction

This is a legally binding contract between you and Dayswork. By using the website, you are agreeing to be bound by these Terms of Service.

This document is based off of Editorially’s Terms of Service (thanks, Editorially!), and it is licensed under a Creative Commons Attribution-ShareAlike license.

2. Definitions

These terms use some shorthand to make it easier to read. When we say “site,” we mean and the services offered through that site. When we say “we,” “us,” or “our,” we mean Dayswork, a Maryland corporation. When we say “your content,” we mean any text, images, information, or other material which you post, upload, or otherwise share on the site; similarly, when we say “Dayswork content,” we mean the copyrightable text, sound, graphics, and other material owned by Dayswork. When we say “terms,” we mean these terms of service.

3. Accepting These Terms

You should carefully read the terms. By accessing this site, you are indicating your acknowledgment and acceptance of these terms. These terms are subject to change by us at any time in our discretion. Your use of the site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. You should review these terms frequently. If you do not agree with these terms, you are not authorized to use this site.

4. Privacy policy

When you register with the site, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered, to monitor usage, and to improve the service. For example, we may store your personal information along with your files and data on a third party server such as Amazon Web Services; or we may use a third party support tool like Help Scout to learn how you are using Dayswork and how we can improve that experience. We also use your personal information to send you notifications about the service and to respond to customer support requests. We will never share your personal information with advertisers or send you promotions for unrelated services. You can access and change your personal information or cancel your account by logging in to your account settings page.

We may be required to disclose your personal information in order to:

If we must disclose your personal information in order to comply with the law or legal process, we will inform you, at the email address you provide, as soon as practicable, provided that it is lawful for us to do so.

We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties, such as Google Analytics, but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or track a certain average number of hours per day.

We use session cookies, which help us keep track of when a person is logged in. We will also capture login timestamps, and usage statistics, as well as IP addresses. We’ll capture some information about the data stored on the site (such as number of clients, projects, or tasks, number of hours tracked in a day or week, etc.), but we will not view the content of your time tracks unless you give us permission to do so, or it becomes necessary in order to comply with legal obligations.

We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to [email protected] and we will cancel your account.

5. Permitted users

Dayswork is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at [email protected]. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.

6. Copyright and intellectual property

We own our stuff; you own yours.

You retain ownership of all information you add to the site, such as your client list, billable rates, and organizational information. However, by uploading your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or display your content other than to those you have authorized to view it, nor does it transfer the copyright to us. This license ends when you delete the material or your account.

In addition, the site provides features that allow you to share your content with others by adding them to your organization. There are many things that others may do with that content, including copying it, modifying it, and sharing it. So, please consider carefully who you choose to give access to your organization; we take no responsibility for that activity.

Once a time entry is created, it will be visible to all members of the organization that have admin privileges, and any member of the organization that is added later with admin privileges. Entries are not deleted when your account is cancelled unless the entire organization is removed. For all intents and purposes, your time tracks are controlled by the admins of the organization that is paying for the account.

All Dayswork content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.

7. Dayswork rules

Dayswork is designed to be used either individually or with others; as such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:

You further agree that you are responsible for your actions in relation to the site, and for any data transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.

Violation of any of these terms will result in the removal of any offending material and/or the immediate termination of your account. You agree to use the site at your own risk.

8. Payment of Fees, Refunds, Upgrading and Downgrading

The Service is billed in advance on a monthly basis or yearly basis, depending on which plan you choose, and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

9. Canceling your account

You can cancel your account at any time by sending an email to [email protected]. If you like, you may export your data prior to canceling your account. Upon canceling your account, your data will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.

13. Right to terminate

We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.

14. Confidentiality

You are advised to maintain the confidentiality and security of the username and password of your account. You are responsible for the activities carried out under your account. You shall notify us immediately in the event of an unauthorized use of your account.

15. General

These terms shall be governed by and construed in accordance with the laws of the state of Maryland, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Baltimore City, Maryland, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.