Daylight Computer Co. Terms of Service
Welcome to Daylight Computer Co. (“Daylight” or “We” or “Our” or “Us”), where we innovate with empathy to bring you products that create a healthier digital experience.
These Terms of Service (“Terms”) govern your use of our website (the “Site”) and any related products, software, and services (collectively, the “Services”). By accessing and/or using any of our Services, you automatically agree to these Terms, and any other terms and policies provided with our Services. If you disagree with these Terms, you may not access our Site or use our Services. You are free to stop using our Services at any time.
You must be at least 18 years of age to use our Services. If you are accepting these Terms on behalf of someone else (such as another person or entity), you represent that you are authorized to do so, in which case the words “you” or “your” in these Terms include both you and the other person or entity.
Please see our Privacy Policy (“Policy”) for information about how we collect, use, share and process information about you.
We reserve the right to make changes to these Terms and/or our Policy, at any time without notice to you.
You may direct any questions or concerns you have about these Terms or our Policy to: legal@daylightcomputer.com.
Responsibilities
You are responsible for your access and/or use of our Services, as well as your compliance with these Terms and our Policy. You may access and/or use our Services only in compliance with these Terms, our Policy, any other privacy disclosures, terms and policies provided in or with our Services, and any applicable laws and regulations. You may not access and/or use our Services to violate any law, infringe on any other person’s rights, or interfere with our Services or any features of our Services, including any technological or security measures we employ to enforce these Terms or ensure the safety our Services, or otherwise circumvent the navigational structure or presentation of our Services.
You agree to review these Terms periodically and to stay apprised of any changes to these Terms or our Policy since subsequent use by you of our Services shall constitute your acceptance of such changes.
Content
Our Services, including any related content, such as, for example, any information, features, text, names, logos, images, graphics, audio, video, data, articles, directories, lists, guides, html, source and object code, software, features and functionality, design, their selection and arrangement, and the “look and feel” of our Site (collectively, the “Content”), are the property of Daylight and its affiliates, and may not be used, including by copying, modifying, encoding or redistributing Content in any way, except as expressly provided in these Terms without Daylight’s prior written consent.
We reserve the right, in our sole discretion, to change or discontinue any aspect of our Services at any time without notice.
Intellectual Property
Our Services are protected by trademark, copyright, patent laws, trade secret, and various other US and foreign intellectual property (“IP”) rights and unfair competition laws. Daylight and its affiliates own all rights, title, and interest in all IP displayed in, transmitted through, or otherwise used in connection with our Services. Nothing in Daylight’s Services, including these Terms, nor any use of our Services, shall be construed as conferring, by implication, estoppel, or otherwise, any license, right, or title to, or interest in, any IP of Daylight or its affiliates, or of any third party.
Disclaimer
Your use of our Services is at your own risk. Our Services are provided “as is” without warranties of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not represent or warrant that our Services, or any Third Party Services, will be accurate or error free, complete or reliable, suitable or compatible, available or uninterrupted, private or secure, not lost or altered, free from viruses or other malicious software, or that defects will be corrected. We are not responsible for the cost of any maintenance, repair or correction of any computer, equipment, or other property of anyone who uses our Services.
We reserve the right, in our sole discretion, to make any corrections, improvements, and/or changes to our Services, including these Terms and our Policy, at any time without notice to you. Unless we notify you otherwise, any amendment to these Terms will be effective immediately, and your continued access and/or use of our Services thereafter will confirm your acceptance of such change(s). If you disagree with the amended Terms, you may not access and/or use our Services.
Limitation of Liability
You agree that neither Daylight, nor its officers, directors, agents, partners, employees, investors, successors, assigns, affiliates, or licensors (collectively, the “Daylight Parties”) will be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other damages arising out of or in any way related to Daylight’s Services, including these Terms, whether based in contract, tort (including negligence), strict liability, or other theory, even if any Daylight Parties have been advised of the possibility of damages and/or the damages are foreseeable, including damages for lost profits, goodwill, use, data, business interruption, or any other intangible losses. The Daylight Parties’ total aggregate liability to you under these Terms will not exceed the greater of (1) the amount you paid to us for the use of our Services (if any) giving rise to the claim during the twelve (12) months before the liability arose, or (2) one hundred dollars ($100).
Indemnity
You agree to indemnify, defend, and hold harmless to the fullest extent permitted by law Daylight, its officers, directors, agents, partners, employees, investors, and affiliates from and against all liabilities, claims, demands, damages, expenses (including reasonable attorney’s fees and costs), and other losses (collectively, “Claims”) arising out of or related to your breach or alleged breach of these Terms, your access to or use of, or alleged access to or use of, our Services, your violation of any law, regulation, or rights of third parties, or any actual or alleged fraud, intentional misconduct, or gross negligence, including through your employees and/or agents (collectively, “Third Party Claims”). You further agree to promptly notify us of any such Third Party Claims, cooperate with us in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims. You also agree that we will have control of the defense or settlement, in our sole discretion, of any Third Party Claims.
General Terms
Communications. You agree that communications and transactions between you and Daylight may be conducted electronically and that such communications will satisfy the requirements for legal notices.
We welcome feedback from users of our Services, including suggestions for improving our Services. You have no obligation to give us feedback, but if you do, you agree that we may use the feedback without any limitations or restrictions, and without compensation.
Severability and Enforcement. These Terms, including the disclaimers and limitations described above, apply to the maximum extent permitted by applicable law. In countries where any part of these Terms are not allowed, in which case they may not apply to you, our responsibilities under these Terms are limited to the maximum extent permitted in the applicable jurisdiction.
Except as provided elsewhere in these Terms, if any portion of these Terms is determined to be invalid or unenforceable, that portion, and only that portion, will remain enforceable only to the maximum extent permissible without affecting the enforceability of any other terms. Any delay or failure to enforce any part of these Terms does not constitute a waiver of our right to do so later.
Governing Law and Jurisdiction. These Terms and any dispute that arises between you and Daylight will be governed by California law except for its conflict of law principles. Any dispute between you and Daylight shall be resolved exclusively in the state or federal courts located in San Francisco County, California.
Assignment and Beneficiaries. You may not assign or transfer any rights, responsibilities, or obligations under these Terms and any attempt to do so will be void. We may assign our rights, responsibilities, and/or obligations under these Terms to any affiliate or successor in interest. Except as otherwise provided in these Terms, you are the only intended beneficiary of these Terms, which are not intended to confer third-party beneficiary rights upon any other person or entity.
Entire Agreement. These Terms and our Policy contain the entire agreement between you and Daylight regarding our Services and supersedes any prior agreements or understandings between you and Daylight.
The section titles in these Terms are for convenience only and have no legal or contractual effect.