Term of use

PROHIBITED ACTIVITIES

You may not access or use Daylee for any purpose other than that for which we make Daylee available. Daylee may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of Daylee, you agree not to:

1. systematically retrieve data or other content from Daylee to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. circumvent, disable, or otherwise interfere with security-related features of Daylee, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Daylee and/or the Content contained therein.
3. make improper use of our support services or submit false reports of abuse or misconduct.
4. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
5. interfere with, disrupt, or create an undue burden on Daylee or the networks or services connected to Daylee.
6. attempt to impersonate another user or person or use the username of another user.
7. sell or otherwise transfer your profile.
8. use any information obtained from Daylee in order to harass, abuse, or harm another person.
9. use Daylee as part of any effort to compete with us or otherwise use Daylee and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Daylee.
11. attempt to bypass any measures of Daylee designed to prevent or restrict access to Daylee, or any portion of Daylee.
12. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Daylee to you.
13. delete the copyright or other proprietary rights notice from any Content.
14. copy or adapt Daylee‘s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
15. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Daylee or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Daylee.
16. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
17. disparage, tarnish, or otherwise harm, in our opinion, us and/or Daylee.
18. use Daylee in a manner inconsistent with any applicable laws or regulations.
19. create any Content which is not civil or tasteful
20. send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
21. send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
22. cause annoyance, inconvenience or needless anxiety;
23. use Daylee in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

MOBILE APPLICATION LICENSE

The following terms apply when you use Daylee obtained from either the Apple App Store or Google Play store (each an “App Distributor”):

1. The license granted to you for Daylee is limited to a non-transferable license to use Daylee on a device that utilizes the Apple iOS or Google Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2. We are responsible for providing any maintenance and support services with respect to Daylee as specified in the terms and conditions of Daylee license contained in these ToU or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to Daylee;
3. In the event of any failure of Daylee to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for Daylee, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to Daylee;
4. You represent and warrant that

(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and

(ii) you are not listed on any U.S. government list of prohibited or restricted parties;

5. You must comply with applicable third-party terms of agreement when using Daylee, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using Daylee; and
6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in Daylee license contained in these ToU, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in Daylee license contained in these ToU against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Daylee (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

Daylee may contain (or you may be sent via Daylee) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Daylee or any Third-Party Content posted on, available through, or installed from Daylee, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Daylee and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these ToU no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Daylee or relating to any applications you use or install from Daylee. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SUSPENSION AND TERMINATION

If you use (or anyone other than you, with your permission uses) Daylee, any Services in contravention of these ToU, we may suspend your use of the Services and/or Daylee.

If we suspend the Services or Daylee, we may refuse to restore the Services or Daylee for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these ToU.

Bring the App s.r.o. shall fully co-operate with any law enforcement authorities or court order requesting or directing Bring the App s.r.o. to disclose the identity or locate anyone in breach of these ToU.

Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to:

1. Suspend the Services and/or App;
2. Suspend your use of the Services and/or App; and/or
3. Suspend the use of the Services and/or App for persons we believe to be connected (in whatever manner) to you, if:

• (i)           You commit any breach of these Terms of Use;
• (ii)          We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms of Use; or
• (iii)         We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

DISCLAIMER AND EXCLUSION OF LIABILITY

1. Daylee, the Services, the information in Daylee and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to Daylee and its contents, including in relation to any inaccuracies or omissions in Daylee, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
3. We do not warrant that Daylee will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that Daylee will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
4. While we may use reasonable efforts to include accurate and up-to-date information in Daylee, we make no warranties or representations as to its accuracy, timeliness or completeness.
5. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with Daylee and the services offered in Daylee, your access to, use of or inability to use Daylee or the services offered in Daylee, reliance on or downloading from Daylee and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
6. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with Daylee and these ToU. For the purposes of these ToU, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
7. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
8. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to Daylee, or electronic mail transmitted to and from us, will not be monitored or read by others.

AMENDMENTS

1. We may periodically make changes to the contents of Daylee, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content in Daylee.
2. We reserve the right to amend these ToU from time to time without notice. The revised ToU will be posted in Daylee and shall take effect from the date of such posting. You are advised to review these ToU periodically as they are binding upon you.

SUBSCRIPTIONS

Users may access Daylee in the following ways:

1. Free Version. A program gives limited access for an unlimited time.
2. Paid Subscription “PREMIUM”: a subscription fee-based program, which gives access to all content. You will only have access to the Subscription Program while your subscription is active and subsisting. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products within Daylee, where allowed by the App Distributor. Please note that if you purchase a subscription through the Apple App Store or our iOS application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store or our Android application, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

Daylee offers monthly and annual subscription options. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.

1. Our “Monthly” subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
2. Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

CONTACT US

In order to resolve a complaint regarding Daylee or to receive further information regarding use of Daylee, please contact us at:

Bring The App s.r.o.
[email protected]
[email protected]