Terms and Conditions
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1. Acceptance of Terms
By using the Dailyer platform, you agree to be bound by these terms and conditions ("Terms"). If you do not agree to these Terms, you may not use the Dailyer platform. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Dailyer platform, or updating the "Last Updated" date at the top of these Terms. Your continued use of the Dailyer platform following the posting of changes to these terms or other policies means you accept the changes.
2. Description of Service
Dailyer is a platform that allows employees to write about their activities, goals, and feelings on a daily basis. The Dailyer platform may include various features and functionality, such as the ability to create and manage user accounts, post and view content, communicate with other users, and access additional features and services that we may provide from time to time.
3. Use of the Dailyer Platform
In order to use the Dailyer platform, you must create a user account and provide certain information about yourself, such as your name and email address. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You may not use the Dailyer platform for any illegal or unauthorized purpose. You must not, in the use of the Dailyer platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. Content
As a user of the Dailyer platform, you may have the ability to post, upload, or otherwise make available certain content, such as text, images, videos, or other materials ("Content"). You are solely responsible for your Content and the consequences of posting or publishing it. By posting or publishing Content on or through the Dailyer platform, you affirm, represent, and warrant that:
- You are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your Content as described in these Terms.
- Your Content does not and will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
- Your Content does not and will not violate any law, statute, ordinance, or regulation.
- Your Content does not contain any viruses, Trojan horses, worms, time bombs, or other harmful or malicious code.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use their name or likeness in the manner contemplated by the Dailyer platform and these Terms.
By posting or publishing Content on or through the Dailyer platform, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Dailyer platform and our business, including without limitation for promoting and redistributing part or all of the Dailyer platform (and derivative works thereof) in any media formats and through any media channels.
5. User Conduct
As a user of the Dailyer platform, you agree to abide by these Terms and to comply with all applicable laws and regulations. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must not abuse, harass, threaten, impersonate, or intimidate other Dailyer users.
You may not use the Dailyer platform for any illegal or unauthorized purpose. You must not, in the use of the Dailyer platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
6. Intellectual Property
The Dailyer platform and its original content, features, and functionality are and will remain the exclusive property of Dailyer and its licensors. The Dailyer platform is protected by copyright, trademark, and other laws of both Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dailyer.
7. Termination
We may terminate your access to the Dailyer platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Warranty Disclaimer
The Dailyer platform is provided "as is" and "as available" without any representations or warranties of any kind, express or implied. Dailyer makes no representations or warranties in relation to the Dailyer platform or the information and materials provided on the Dailyer platform.
9. Limitation of Liability
In no event shall Dailyer, its affiliates, agents, directors, employees, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Dailyer platform, its services, or these Terms. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Dailyer has been advised of the possibility of such damage.
10. Indemnification
You agree to defend, indemnify, and hold harmless Dailyer, its affiliates, agents, directors, employees, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of the Dailyer platform
- Your violation of these Terms
- Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your Content caused damage to a third party
11. Dispute Resolution
Any dispute arising out of or in connection with these Terms, the Dailyer platform, or its services shall be resolved through binding arbitration in accordance with the rules of the Spanish arbitration association ("Asociación Española de Arbitraje" or "AEA"). The arbitration shall be conducted in the Spanish language in the city of Madrid. The award of the arbitrator(s) shall be final and binding on the parties.
12. Governing Law
These Terms and your use of the Dailyer platform shall be governed by and construed in accordance with the laws of Spain, without giving effect to any conflict of law principles.
13. Entire Agreement
These Terms constitute the entire agreement between you and Dailyer with respect to the Dailyer platform and its services, and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
14. Contact Information
If you have any questions about these Terms, please contact us at hello@dailyer.com.