Terms of Service for DayChart

1. Acceptance of Terms

By accessing or using DayChart, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our service. Continued use of the service following any changes to these terms will signify your acceptance of those changes.

2. Description of Service

DayChart is an innovative schedule management application that offers both free and paid subscription options. Our platform provides users with a unique 24-hour pie chart (donut chart) that visually represents a full day, mapping scheduled events, and delivering AI-driven insights to maximize productivity and efficiency.

3. Registration

You may register for a free account to start using DayChart. Registration requires providing accurate and complete information. To access all features, including AI-driven insights and advanced metrics, you have the option to upgrade to a paid subscription.

4. Subscription and Payment

Paid subscriptions are processed through Stripe, Inc. By subscribing, you agree to Stripe's terms of service. Subscription fees are billed on a monthly basis and are non-refundable. You are responsible for providing valid payment information and ensuring that your payment method is up-to-date. Failure to process your payment may result in suspension or termination of your subscription.

5. User Responsibilities

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. DayChart will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

6. Termination

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by contacting us here. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Changes to Terms

We reserve the right to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to the new terms, please stop using the Service.

8. Privacy Policy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using DayChart, you consent to the collection and use of your information as described in our Privacy Policy.

9. Intellectual Property

All content, features, and functionality of DayChart, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of DayChart and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use any content from our Service without our express written permission.

10. Prohibited Uses

You agree not to use the Service:

  • For any unlawful purpose.
  • To solicit others to perform or participate in any unlawful acts.
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • To submit false or misleading information.
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  • To collect or track the personal information of others.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • For any obscene or immoral purpose.
  • To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

11. Limitation of Liability

In no event shall DayChart, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, data loss, or other damages arising out of your use of, or inability to use, the Service. This limitation applies whether the liability is based on contract, tort, negligence, strict liability, or any other basis, even if DayChart has been advised of the possibility of such damage. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless DayChart, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any rights of another, including any intellectual property or privacy right.
  • Any claims that your user content caused damage to a third party.

13. Governing Law

These Terms and any dispute arising out of or related to these Terms or the use of the Service will be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of [Your Country/State]. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

14. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so that it is valid, legal, and enforceable to the maximum extent possible.

15. Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by DayChart, constitute the entire agreement between you and DayChart regarding your use of the Service. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DayChart with respect to the Service. Any rights not expressly granted herein are reserved.

16. Contact Information

If you have any questions about these Terms, please contact us here.

Last updated: 7/15/2024