Scope and additional terms
These Terms apply to the Dayric website, waitlist, beta programs, desktop application, software, features, content, and other services that link to these Terms (together, the “Services”). References to “Dayric,” “we,” “us,” and “our” include the Dayric entity providing the Services and its affiliates.
Our Privacy Policy describes how we process personal information. Additional terms, policies, product notices, order forms, or written agreements may apply to particular features, accounts, or relationships and are incorporated into these Terms by reference. If an applicable written agreement conflicts with these Terms, that agreement controls to the extent of the conflict.
Headings and examples are provided for convenience and are not exhaustive. The words “including” and “includes” mean including without limitation.
Accounts and access
You must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding account credentials, devices, connected services, and authentication methods and for all activity associated with your account, whether or not authorized by you.
You may not share, sell, transfer, or make an account available to another person without our permission. Notify us promptly if you suspect unauthorized access. We may require additional verification, refuse registration, reclaim usernames, or change access methods at our discretion.
If an account uses an email address or service controlled by an organization, the account may become managed by that organization. Its administrator may be able to access content, control settings, restrict features, or remove access, subject to applicable notice and law.
Waitlist, invitations, and beta access
Joining a waitlist, receiving an invitation, or participating in a referral program does not guarantee access, timing, features, pricing, or continued availability. Invitations and waitlist positions have no cash value, are non-transferable unless we say otherwise, and may be changed, revoked, or voided at any time.
We may select, prioritize, limit, decline, or remove participants at our discretion. You may not obtain or distribute access through fraud, automation, spam, misrepresentation, or the purchase or sale of invitations.
Beta, preview, experimental, and early-access features may be incomplete, inaccurate, unstable, insecure, or subject to additional restrictions. They may change or cease without notice and should not be used where failure could cause material harm. Nonpublic information about these features is Dayric confidential information unless we authorize its disclosure in writing.
Limited right to use Dayric
Subject to your continuing compliance with these Terms, Dayric grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for their intended purpose during the term of these Terms.
The Services may include downloadable software that updates automatically. Any open-source components are governed by their applicable licenses. Except for the limited right expressly granted above, no right, title, or interest is transferred to you.
Confidential information
You may receive nonpublic information about Dayric, including product plans, unreleased features, models, systems, security measures, business information, and other material that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”).
You may use Confidential Information only as necessary to participate in the Services as authorized by Dayric. You must protect it using at least reasonable care and may not disclose it to another person without our prior written permission. These obligations do not apply to information that you can document was lawfully known without restriction, becomes public through no breach, is received lawfully from another source, or is independently developed without using Confidential Information.
If law requires disclosure, you must, where legally permitted, give Dayric prompt notice and reasonable assistance so we may seek protective treatment. Your confidentiality obligations survive the end of your access.
Acceptable use
You must use the Services lawfully, responsibly, and in accordance with these Terms and any policies, instructions, limits, or safeguards we make available. You may not, and may not assist another person to:
- Use the Services for illegal, fraudulent, harmful, deceptive, abusive, or rights-infringing activity or create a material risk to Dayric, another person, or the public.
- Copy, modify, lease, sell, sublicense, distribute, or commercially exploit the Services except as expressly authorized by Dayric.
- Reverse engineer, decompile, disassemble, discover, or derive source code, models, algorithms, prompts, systems, or underlying components, except where a restriction is prohibited by law.
- Scrape, crawl, harvest, benchmark, systematically extract, or programmatically access data, content, or outputs except through methods and limits we expressly authorize.
- Interfere with the Services; introduce malware; probe or test vulnerabilities; bypass rate limits, approvals, protective measures, usage restrictions, or safety systems; or gain unauthorized access.
- Use content or outputs to train, develop, evaluate, or improve a product, model, or service that competes with Dayric without our written permission.
- Misrepresent the source or nature of output, impersonate another person, conceal automated activity where disclosure is required, or use the Services to make prohibited high-impact decisions about a person.
- Use the Services or provide content in violation of sanctions, export controls, or other trade laws, or in a manner requiring a government authorization you have not obtained.
Connected services and actions
The Services may connect to third-party accounts, software, websites, products, data, or services and may retrieve information or take actions through them at your direction. By enabling a connection or directing an action, you authorize Dayric to exchange information with and act through the relevant third party using the permissions available to your account.
You are responsible for confirming that you have the necessary rights and authority, reviewing proposed actions and results where appropriate, and complying with third-party terms. An action may be immediate, difficult or impossible to reverse, or have consequences outside Dayric. Approval flows, previews, and safeguards may not identify every issue.
Dayric does not control and is not responsible for third-party services, content, outputs, availability, security, accuracy, conduct, or changes. We may add, limit, suspend, or remove a connection at any time without liability to you.
Your content
You may submit prompts, instructions, conversations, files, images, audio, feedback, data from connected services, and other materials to the Services (“Input”) and receive responses, files, actions, or other results generated by the Services (“Output”). Input and Output are together “Content.”
You are solely responsible for Content and for the decision to use, publish, share, transmit, or act on it. You represent and warrant that you have all rights, licenses, permissions, consents, and lawful bases needed to provide Input and authorize Dayric to process it as described in these Terms and our Privacy Policy.
You must not submit confidential, regulated, export-controlled, or otherwise restricted information unless your use of the Services is expressly authorized for that information and you have implemented any required safeguards.
Content rights and license
As between you and Dayric, you retain the ownership rights you have in Input. Subject to your compliance with these Terms and to the extent permitted by law, you own Output to the extent Dayric has rights to assign. Dayric assigns to you any such right, title, and interest it may have in that Output.
Output may not be unique, may not qualify for intellectual-property protection, and may be similar or identical to content provided to other users. Your rights do not extend to other users’ content, third-party materials, or Dayric technology, systems, templates, trademarks, or other materials incorporated into or used to generate Output.
You grant Dayric and its affiliates a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify, create derivative works from, transmit, display, perform, and otherwise use Content as reasonably necessary to provide, maintain, operate, secure, enforce, research, develop, and improve the Services and related models and technologies, comply with law, and exercise our rights under these Terms and the Privacy Policy.
Output and automated work
Artificial intelligence is probabilistic. Output and actions may be inaccurate, incomplete, outdated, misleading, offensive, non-unique, or unsuitable for your purpose. The Services may misunderstand instructions, omit relevant context, generate unexpected results, or fail to complete or reverse an action.
You must independently evaluate Content and actions for accuracy, legality, safety, and appropriateness, use qualified human review where warranted, and maintain appropriate backups and controls. You must not rely on the Services as a sole source of truth or as a substitute for professional advice, and you assume responsibility for decisions and actions based on the Services.
References to third parties do not imply endorsement, sponsorship, or affiliation. Output does not represent Dayric’s views, and Dayric has no obligation to verify, monitor, preserve, or correct it.
Dayric intellectual property
Dayric and its licensors own all right, title, and interest in and to the Services, including software, models, algorithms, systems, workflows, interfaces, designs, documentation, names, logos, trademarks, and all improvements and derivative works. All rights not expressly granted are reserved.
You may not use Dayric’s names, logos, trade dress, or other brand features without our prior written permission. Any permitted use must follow the guidelines we provide and must not imply endorsement or affiliation.
Rights complaints
If you believe Content available through the Services infringes your intellectual-property or other legal rights, send a sufficiently detailed notice to the address in the Contact section. Dayric may remove or restrict Content, preserve relevant records, request additional information, and suspend or terminate repeat or serious infringers at its discretion and as required by law.
You are responsible for ensuring that a complaint is accurate and made in good faith. Dayric may provide the complaint and your contact information to the affected user or another party where reasonably necessary to evaluate or respond to the claim.
Feedback
If you provide ideas, suggestions, evaluations, corrections, or other feedback, you grant Dayric the unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, license, distribute, and exploit that feedback for any purpose without attribution, restriction, or compensation to you. Feedback is not confidential unless we agree otherwise in writing.
Paid services
If we offer paid Services, you must provide complete and accurate billing information and authorize us and our payment providers to charge the applicable fees, taxes, and recurring amounts to your payment method. Subscriptions may renew automatically until canceled through the method we provide.
Except where required by law or expressly stated otherwise, payments are non-refundable, credits have no cash value, and unused time or capacity is forfeited on expiration or termination. We may change prices, plans, included features, limits, and billing methods. If payment fails, we may retry the charge, restrict features, downgrade the account, or suspend access.
Service changes and availability
Dayric is continuously evolving. We may modify, update, impose or change limits on, replace, suspend, or discontinue any part of the Services, integrations, models, features, or access methods at any time. We do not promise that the Services will be available forever, in any particular form, or in every location.
We may perform maintenance, deploy automatic updates, change technical requirements, or use different providers or models. We are not responsible for any loss arising from downtime, changes, data loss, degraded performance, or discontinuation, except to the extent liability cannot lawfully be excluded.
Suspension and termination
You may stop using the Services at any time. We may investigate conduct and restrict, suspend, or terminate access; remove or disable Content; revoke invitations; or close an account if we determine that you breached these Terms or another policy, created risk or possible harm, exposed Dayric to liability, failed to pay, remained inactive, or if action is advisable for legal, security, operational, or business reasons.
We may act without prior notice when we reasonably believe immediate action is appropriate or notice would create risk, prejudice an investigation, or be prohibited by law. Termination may result in loss of access to Content, connected services, settings, and other account data. Dayric has no obligation to preserve or provide an export except as required by law or an applicable written agreement.
Provisions that by their nature should survive termination will survive, including provisions concerning ownership, licenses, feedback, disclaimers, liability, indemnity, disputes, and general terms.
Disclaimer of warranties
To the maximum extent permitted by law, the Services are provided “as is” and “as available,” at your sole risk. Dayric and its affiliates, licensors, suppliers, and providers disclaim all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, quiet enjoyment, and any warranty arising from course of dealing or usage of trade.
Dayric does not warrant that the Services or Content will be uninterrupted, available, timely, secure, accurate, complete, error-free, compatible, or free from harmful components, or that Content will be preserved, actions will succeed, defects will be corrected, or the Services will meet your requirements or produce any particular result.
Nothing in these Terms excludes a warranty or consumer protection that cannot lawfully be excluded. Any legally required warranty applies only for the minimum period and to the minimum extent required by law.
Limitation of liability
To the maximum extent permitted by law, Dayric and its affiliates, officers, directors, employees, agents, licensors, suppliers, and providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, use, data, Content, or other intangible loss, even if advised that such loss was possible.
To the maximum extent permitted by law, the aggregate liability of Dayric and the parties listed above for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid Dayric for the Services giving rise to the claim during the 12 months before the event giving rise to liability or (b) US $100.
These limitations apply to all theories of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law. In that event, liability is limited to the greatest extent permitted by law.
Indemnity
To the extent permitted by law, you will defend, indemnify, and hold harmless Dayric and its affiliates, officers, directors, employees, agents, licensors, suppliers, and providers from and against claims, demands, proceedings, losses, liabilities, damages, judgments, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to your Content, connected services or actions, use or misuse of the Services, violation of these Terms or law, or infringement of another person’s rights.
Dayric may control the defense and settlement of an indemnified matter, and you will cooperate as reasonably requested. You may not settle a matter in a way that admits liability by or imposes obligations on Dayric without our prior written consent.
Disputes
Before initiating formal proceedings, you and Dayric agree to attempt to resolve a dispute informally. A party must send written notice describing the dispute and requested relief, and the parties will have 60 days after receipt to seek a resolution. This requirement does not prevent either party from seeking urgent injunctive or equitable relief to prevent unauthorized use, security threats, or intellectual-property infringement.
To the maximum extent permitted by law, claims must be brought on an individual basis and not as a plaintiff or class member in a class, collective, consolidated, or representative proceeding. You and Dayric knowingly waive any right to a jury trial. Any claim must be commenced within one year after it arose or it is permanently barred.
Except where mandatory law provides otherwise, these Terms and any dispute are governed by the laws of the jurisdiction in which the Dayric entity providing the Services has its principal place of business, without regard to conflict-of-law rules, and the courts located there will have exclusive jurisdiction. If applicable law gives you non-waivable consumer rights or requires a different forum, period, or procedure, those mandatory requirements control.
Changes to these Terms
We may update these Terms or the Services from time to time for legal, regulatory, security, safety, operational, business, or technological reasons. Unless law requires otherwise, changes are effective when posted or on the date stated in the notice.
If a change materially and adversely affects your rights, we will provide notice appropriate to the circumstances when required by law. By continuing to use the Services after updated Terms take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services.
General terms
You may not assign or transfer these Terms or any right or obligation under them without Dayric’s prior written consent. Dayric may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with financing, reorganization, a merger, acquisition, sale of assets, or other business transaction.
Dayric is not liable for delay or failure caused by events beyond its reasonable control. A failure or delay in enforcing a provision is not a waiver. If a provision is unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
The Services’ ability to retrieve information, recommend decisions, or take actions at your direction does not make Dayric your agent, fiduciary, employee, partner, joint venturer, or professional adviser, and it does not authorize you to bind Dayric or make commitments on our behalf.
These Terms and any incorporated additional terms constitute the entire agreement concerning the Services and supersede prior or contemporaneous understandings on that subject. No person other than the parties and the Dayric affiliates, licensors, suppliers, and providers expressly protected by these Terms has a right to enforce them.
Contact
Questions about these Terms may be sent to hello@dayric.com.