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Below are our Privacy and Terms information

DayPoint Privacy Policy

Introduction

This Privacy Policy was last modified on: August 16, 2016.

DayPoint Co., (“us”, “we”, “Application”, or “Service”) operates the DayPoint app.  This page informs you of our policies regarding the collection, use, and disclosure of Personal Information we receive from Users through the app (“App”) or through the DayPoint.com website (“Site”).

This policy (together with our Terms and any other documents referred to herein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information Gathered

The purpose of the App is to help you understand where your time goes based on the way you live your life.  In order for the Application to function and for the Service to continue to evolve, we capture a variety of different types of information including, but not limited to, the type of mobile device(s) you use, the devices’ unique device ID, the IP address of your mobile device(s), information relating to the devices’ operating system, battery information, and usage as it relates to the Application.  

Further, we capture information relating to how you spend your time, which generally includes location, activity, movement, and context via the devices’ internal technologies, as well as User input and other 3rd Party sources such as Google Maps.

Information from visiting the Service’s Site may also be collected, something commonly used by organizations to learn more about their customers, including information relating to the system, operating system, location, IP address, browser type, browser version, pages visited, the date and time of your visit, time spent on pages, or other information identified by cookies or Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics also uses “Cookies”, text files that are saved on the hard drive of your computer and enable the analysis of website use through you. The information gathered by the cookie about the use of this website will generally be transmitted to Google servers in the US and saved there. As licensed by the owners of this website, Google will use this information in order to analyze your use of this website, in order to compile reports regarding the website activity, and in order to render further services associated with website activity and internet usage to the owner of this website. The IP address of your browser as detected by Google Analytics will not be conflated with other data from Google. By using this website, you are consenting to the appropriation of data about you by Google in the manner and for the purposes laid out above.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Login to the App also requires the use of Facebook which is used for its simplicity in the login process and its ability to easily help us keep your information related to your mobile device.  We capture the information you share ‘publicly’ via Facebook, your email address and/or phone number, and your friend list (optional), but will not post or message on your behalf.  

We will retain Information for as long as you use the Application and for a reasonable time thereafter, up to a maximum of 24 months, thereafter we may store it in aggregate.

Information Use

The nature of the Application requires that it captures information (“Information”) about our users.  We use this Information for the following purposes:

  1. To provide the most effective, meaningful, and easy to use means to better understanding where your time goes.  

  2. To help improve the Service, including improving accuracy, impact, usability, convenience, and fun.

  3. To use in marketing or advertising services, which helps us offer the Application for a low cost or for free.

  4. To evaluate internally, on aggregate, so we can potentially generate anonymous content that we feel could help our Users improve their lives through better understanding how they and others (collectively) use their time.

We may use the information provided to contact you occasionally to provide you with important information, required notices and marketing promotions.

We may disclose Information as required by law, such as to comply with a subpoena, or similar legal process:

  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

  • With our trusted services providers who work on our behalf, who do not have an independent use of the information we disclose to them, and whom have agreed to adhere to the rules set forth in this privacy statement;

  • In aggregate and/or in the form of trends or insights on our blog or other places online without personally identifying information included;

  • If DayPoint Co. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Security

The security of your Personal Information is extremely important to us.  It is important to remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Agreement With Privacy Policy and Terms of Service

By signing up on the Application, the User agrees that they:

  • Have read and accepted the User Agreement and Privacy Policy.

  • They are at least 18 years old.

Changes to this Privacy Policy

This Privacy Policy is effective as of August 16, 2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions, comments, or concerns about this Privacy Policy, please contact us at yourteam@DayPoint.com.

Terms Of Service

Date of Last Update: August 16, 2016.

DayPoint develops products and services to enable people to spend their time and life more consciously and meaningfully, primarily through awareness of where their time goes.

These Terms of Service (“Terms”) govern your use of our mobile application that captures how you spend your time, our websites, including www.DayPoint.com, and other DayPoint services (collectively, the “DayPoint Service”).

You must accept these Terms to create a DayPoint account and to use the DayPoint Service. If you do not have an account, you accept these Terms by visiting www.DayPoint.com or using any part of the DayPoint Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.DAYPOINT.COM OR USE THE DAYPOINT SERVICE.

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.DayPoint.com. We will attempt to notify you by email, through the DayPoint Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the DayPoint Service after a modification is posted, you are telling us that you accept the modified terms.

Read Our Privacy Policy

Any information that DayPoint collects through your use of the DayPoint Service is subject to the DayPoint Privacy Policy [www.DayPoint.com/http://www.daypoint.com/privacy-and-terms], which is part of these Terms.

Who Can Use DayPoint?

You may use the DayPoint Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the DayPoint Service using the DayPoint mobile application(s); or www.DayPoint.com (“Authorized Connections”). You may not connect to the DayPoint Service with any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the DayPoint Service.

Creating an Account

Full use of the DayPoint Service requires that you log in using your Facebook account. You are responsible for all activity that occurs in association with your account. DayPoint Co. is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

Necessary Equipment

Full use of the DayPoint Service is dependent upon your use of a supported mobile device with adequate software and Internet access. The maintenance and security of this equipment may influence the performance of the DayPoint Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

DayPoint’s Rights

“DayPoint Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the DayPoint Service to you. Except for Your Content, DayPoint Content, the DayPoint Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DayPoint Service.

What You Can Do On The DayPoint Service

The DayPoint Service is intended for your personal, non-commercial use.

DayPoint grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the DayPoint Content, (2) access and use the software and mobile applications provided by the DayPoint Service as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the DayPoint Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DayPoint Content, DayPoint Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DayPoint or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The DayPoint Service

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the DayPoint Service: (1) use, display, mirror or frame the DayPoint Service or any individual element within the DayPoint Service, DayPoint’s name, any DayPoint trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DayPoint’s express written consent; (2) access or tamper with non-public areas of the DayPoint Service, DayPoint’s computer systems, or the technical delivery systems of Daypoint’s providers; (3) test the vulnerability of any DayPoint system or breach any security or authentication measures; (4) circumvent any technological measure implemented by DayPoint or any of DayPoint’s providers or any other third party (including another user) to protect the DayPoint Service or DayPoint Content; (5) access the DayPoint Service or DayPoint Content through the use of any mechanism other than through the use of an Authorized Connection, DayPoint Service; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that DayPoint provides to you or any other part of the DayPoint Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the DayPoint Service, DayPoint Content, or Your Content or to review or edit any DayPoint Content or Your Content, but we have the right to do so for the purpose of operating the DayPoint Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the DayPoint Service, any DayPoint Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the DayPoint Content, Your Content, or your use of the DayPoint Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the DayPoint Service.

Use The DayPoint Service At Your Own Risk

Our goal is to provide helpful and accurate information through the DayPoint Service, but we make no endorsement, representation or warranty of any kind about any DayPoint Content, information, services or recommendations. The accuracy of the data collected and presented through the DayPoint Service is made on a best efforts basis and is partially dependent on the third party devices on which it is run.  We try extremely hard to make the DayPoint Service as accurate as possible.  

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the DayPoint Service. If you rely on any DayPoint Content or the DayPoint Service, you do so solely at your own risk.

Use Common Sense

Use of the DayPoint Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany the DayPoint Service.

Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by DayPoint, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.

You Agree to Receive Alerts And Notifications

As part of your use of the DayPoint Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

We Are Not Responsible For Third-Party Links On The DayPoint Service

The DayPoint Service may contain links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under DayPoint’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.  You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes To The DayPoint Service

DayPoint may change or discontinue, temporarily or permanently, any feature or component of the DayPoint Service at any time without notice. DayPoint is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the DayPoint Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by DayPoint products without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support at yourteam@DayPoint.com with your full name and email address used for Facebook login, though no cancellation of the current subscription is allowed during active subscription period. Upon any termination, discontinuation or cancellation of the DayPoint Service or your account, the following provisions of these Terms will survive: DayPoint’s Rights; Our Enforcement Rights; Termination; Disclaimers; Subscription; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Subscriptions

Subscriptions and payments are facilitated through iTunes and payment will be charged to iTunes Account at confirmation of purchase.  Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.  Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.  Subscriptions may be managed and auto-renewal may be turned off by going to your Account Settings after purchase, though no cancellation of the current subscription is allowed during active subscription period.

Disclaimers

THE DAYPOINT SERVICE AND DAYPOINT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the DayPoint Service or DayPoint Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the DayPoint Service or any DayPoint Content. You acknowledge and agree that if you rely on any DayPoint Content or the DayPoint Service, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless DayPoint and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the DayPoint Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

NEITHER DAYPOINT, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DAYPOINT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DAYPOINT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAYPOINT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL DAYPOINT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DAYPOINT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO DAYPOINT FOR USE OF THE DAYPOINT SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DAYPOINT, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DAYPOINT AND YOU.

Dispute Resolution

You agree that any dispute between you and DayPoint arising out of or relating to these Terms of Service, the DayPoint Service, or any other DayPoint products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against DayPoint, you agree to try to resolve the Dispute informally by contacting yourteam@DayPoint.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or DayPoint may bring a formal proceeding.

We Both Agree To Arbitrate: You and DayPoint agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting legal@DayPoint.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to.

Arbitration Fees: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitration will be conducted in English, in Los Angeles, California, and the laws of New York shall govern all aspects of the arbitration.

Exceptions to Agreement to Arbitrate: Either you or DayPoint may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the DayPoint products or DayPoint Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with DayPoint on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and DayPoint agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and DayPoint consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the DayPoint products or DayPoint Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between DayPoint and you regarding the DayPoint Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DayPoint and you regarding the DayPoint Service and DayPoint Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without DayPoint’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DayPoint may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by DayPoint under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to via the DayPoint Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

DayPoint’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DayPoint. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact Us

Please contact us if you have any questions about these Terms at yourteam@DayPoint.com.