This is a legally binding contract between you and Dayswork. By using the dayswork.co website, you are agreeing to be bound by these Terms of Service.
These terms use some shorthand to make it easier to read. When we say “site,” we mean dayswork.co 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.
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.
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.
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.
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.
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.
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.
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.
We will work hard to provide a reliable service and treat your data with respect. However, Dayswork makes no promises about the quality or performance of this site and will not be responsible for any resulting harm.
Specifically, Dayswork makes no representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third-party rights or intellectual property. All material, services, tools and data are provided through dayswork.co on an “as-is” and “as-available” basis. Dayswork does not warrant (i) that the information on this site is accurate, reliable, up-to-date or correct; (ii) that this site will be available at any particular time or location; or (iii) that this site is free of viruses or other harmful components. Dayswork shall not be liable to you for any omission or commission, delays or inaccuracies or failure to provide correct and updated material, services. Dayswork cannot and does not guarantee the reliability or completeness, accuracy, merchantability, non-infringement, security, timeliness, fitness or suitability of the material or the services being offered through dayswork.co. You expressly agree that your use of this site is at your sole risk.
Dayswork shall not be liable to you or any third party for any injury or loss caused by an act of omission or commission in procuring, editing, compiling, calculating, writing, interpreting, transmitting or delivering the services, material or any data provided through dayswork.co.
Dayswork shall not be liable in any circumstances or on the ground of any law or any theory of law, including, without limitation, tort, equity or contract law, for any direct or indirect loss suffered by you resulting from a decision or action taken by you in reliance upon the material, services or data provided through dayswork.co. It is your duty to ensure that you are safe while relying upon the services, material or data provided through dayswork.co.
This site may link to or be linked from other websites that are not maintained by, or related to, Dayswork. Dayswork does not endorse, and is not responsible for, the content of any of those third-party websites and/or company profiles.
You use Dayswork at your own risk, and we are not liable to you for any damages whatsoever. Neither Dayswork, any of its affiliates, shareholders, officers, directors, employees, partners, agents, suppliers, nor any other party involved in creating, producing or delivering this site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this site or the operation of this site or failure of this site to operate. In no event shall Dayswork be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Dayswork has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the services and/or the materials available from this site. Your acceptance of this limitation of liability is an essential term of these terms and the parties acknowledge that Dayswork would not grant access to the site without your agreement to this term.
You agree to pay for any losses that Dayswork may suffer as a result of your actions while using dayswork.co. Specifically, you agree to indemnify, defend, and hold harmless us, our affiliates, shareholders, officers, directors, employees, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from and against any and all claims, judgments, obligations, liabilities, penalties, actions, suits, costs, expenses and reasonable attorneys’ fees arising out of or from your posts, conduct, breach of these terms, violation of the law, infringement of third party rights, dispute between you and any third party or your use of this site. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
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.
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.
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.