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Privacy Policy

Daily.ai Privacy Policy (the “Policy”)

Privacy Policy 

Last Updated: 8/2/2023

Please note - This Privacy Policy (the “Policy”) includes important information about what you agree to by using Daily.ai’s Website, and we encourage you to read it carefully.

All capitalized terms in this Policy, unless otherwise defined, shall have the meaning set forth in our Terms of Use.

1. Overview

To support our Users and their Subscribers, Daily.ai collects and processes certain personal data about Users and Subscribers, alike. This policy outlines the personal data we collect, use, and share; how we use and process that data; and how we commit to protecting it along the way. We’ll keep it simple and straight to the point so you feel confident, but if you have any questions, you can always reach us at legal@daily.ai.com. If you are a resident of California, you have special privacy rights granted to you under state law; please see our California Privacy Addendum, which is incorporated into this policy by reference.

2. Data Collection

We may collect and use personal data in the course of providing access to our Website, as outlined in our Terms of Use, any contracts we have with our Users, and this Policy. This includes User-submitted information about Subscribers, limited information about Users and business contacts we interact with, and device data relating to a User’s use of our Website. We additionally collect information from standard business channels, including from Subscribers who Users utilize our Website to contact, Website visitors, and those who email us, including our support@daily.ai.com channel.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

3.1 Subscriber Data

3.1.i Data collected from Users & Subscribers

Daily.ai collects personal data about Users and Subscribers to enable Website functionality including, but not limited to, personal data, geographical and biographical information, preferences and related data points. Data collected varies based on the type and use of the Website by the User and Subscriber. We collect basic information about website visitors (which may include Subscribers) such as IP address and device characteristics. Visitors may exercise opt out mechanisms with our analytics providers to control this interaction. Subscribers who contact us via email, website forms, phone number, or other designated channels may submit information such as name, email address, and basic contact info alongside their inquiry. Aside from these channels, we do not expect to have a direct relationship with Subscribers that results in personal data collection.

3.1.ii Device provided data

Each time a User or Subscriber accesses a User interface that is using the Website, we may receive limited personal data. We receive similar data for visitors to our website and Developer Dashboard. This may include: IP address, Geolocation information (approximate), Hardware model, Web Browser system, Operating System, Services accessed (Daily.ai products and features), and Other technology information about the device.

3.2 User data

Daily.ai collects personal data from its Users or User’s Subscribers to support Website functionality offered to Users or Subscribers. Personal data that Daily.ai may collect is listed below. This personal data may include, but is not limited to:

3.3 Inferences

Daily.ai may make inferences based on the Subscriber personal data provided on the Website or utilizing Daily.ai’s AI platform to support product features, business analytics, & ongoing development and enrichment of the platform. Examples of such inferences may include, but are not limited to, demographic data, industry, consumer preferences, etc. We use this information, including any corrections made by Users or Subscribers, to enhance our prediction algorithms. Enhancements to prediction algorithms, which take a form similar to weighted rankings, are incorporated into our Website. These non-personal enhancements are not purged or deleted upon termination of a User contract or deletion of the data that originally resulted in their generation.

3.4 Cookies

Daily.ai Website primarily uses cookies to support authentication and session management for services associated with use of our Platform. We do not use cookies for actively facilitating other partners to market to the Subscriber. Our website uses cookies, clear pixels (tracking pixels), and similar technologies to help us understand how users interact with our web properties so we can improve them, develop our business, diagnose errors, and help us identify companies who have expressed interest in our business. These technologies are designed to help analyze:

4. Data Use

At Daily.ai, our primary mission is to empower the e-mail newsletter marketer. To that end, we use Subscriber data primarily to provide and maintain our Website, as well as to develop new products which benefit e-mail newsletter marketers.

4.1 End User Data

4.1.i Data collected from Clients/Subscribers:

Daily.ai may use User-provided Subscriber data to:

6. Retention Practices

Daily.ai operates as a provider of contracted services to our Users, who specify retention practices in their agreements with Daily.ai. In the absence of overriding contract language, Daily.ai retains data for the duration of contracted services and requires Users to contact us at the termination of services to provide instructions regarding ongoing retention or deletion of Subscriber data. In the event that User(s) fail to contact us to specify handling, we may begin to delete Subscriber data from Daily.ai systems 90 days after contract termination. Note that certain Daily.ai services include interaction with the IRS, and certain files and information may be retained for a period of time after contract termination in support of best practices for End User or Client data management. End Users may contact Clients to learn more about specific data retention policy/practices.

7. Data Protection

To ensure User and Subscriber data is as safe as possible, Daily.ai partners with best-in-class cloud service providers, evaluates all vendors and service providers that may interact with User and Subscriber data before use, encrypts all data in transit or at rest, and partners with SOC 2 auditors to annually review our security practices. If you’d like to know more about security practices at Daily.ai or have concerns about your security, please reach out to security@daily.ai - we’d be happy to help.

8. Location

To best serve our Users and their Subscribers, all data is stored and processed within the United States of America.

9. AI Data Clauses

(a) Your Content. You may provide input to Daily.ai (“Input”), and receive output generated and returned by Daily.ai based on the Input (“Output”). Input and Output are collectively referred to as “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with this Policy and our Terms of Use (the “Policy and our Terms of Use are referred to together as the “Terms”), Daily.ai hereby assigns to you all its right, title and interest in and to Output. Daily.ai may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Daily.ai or a third party. For example, you may provide input such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

(c) Use of Content to Improve Services. One of the main benefits of machine learning models is that they can be improved over time. To help Daily.ai provide and maintain the Services, you agree and instruct that we may use Content to develop and improve Daily.ai. We understand that in some cases you may not want your Content used to improve Daily.ai. You can opt out of having Content used for improvement by contacting success@daily.ai.com with your Account ID. Please note that in some cases this may limit our ability to better address your specific use case.

(d) Processing of Personal Data. If your use of the Services involves processing of personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you are governed by the GDPR or CCPA and will be using Daily.ai for the processing of “personal data” as defined in the GDPR or “Personal Information,” please contact success@daily.ai.com to execute our Data Processing Addendum.


General Terms

By utilizing Daily.ai, you are consenting to be bound by these Terms, which will be applicable for the entire duration of your use of Daily.ai. These Terms encompass the contents of this document, as well as the Privacy Policy, Publisher Agreement, Content Guidelines, and Copyright Dispute Policy. If you do not accept these terms in their entirety, you are prohibited from accessing or using Daily.ai in any way.

You confirm and guarantee that you have reached the legal age to enter into a binding agreement (or, if not, that you have obtained the consent of your parent or guardian to use Daily.ai, and that your parent or guardian accepts these Terms on your behalf).

By accepting these Terms on behalf of an organization or entity, you confirm and guarantee that you have the authority to enter into this agreement on behalf of the said organization or entity and bind them to these Terms. In this context, any references to "you" and "your" within this document pertain to the respective organization or entity.

Establishing an Account on Daily.ai

You might need to create an account and choose a password. You agree to give us precise, comprehensive, and current registration details about yourself.

You consent to utilize Daily.ai solely for your individual or organizational purposes, and not for the advantage or representation of any third party. Transferring your account to another person is prohibited without obtaining our prior written authorization.

You are prohibited from choosing a Daily.ai account name that you lack the legal right to use or that impersonates someone else's name. Daily.ai holds the authority to deny registration or terminate a Daily.ai account name according to its judgement.

Terms of Service: Content Submission on Daily.ai

By submitting content to Daily.ai, you agree to adhere to the following terms and conditions:

1. You retain ownership of the content you submit, but you grant Daily.ai a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with Daily.ai and its successors' and affiliates' businesses.

2. You are responsible for the content you submit and must have the necessary rights and permissions to share it on Daily.ai. You must not submit content that infringes on the intellectual property rights, privacy rights, or any other rights of any third party.

3. Daily.ai reserves the right to remove or modify any content you submit at its sole discretion, without prior notice, and for any reason, including but not limited to content that violates these terms or is deemed inappropriate or offensive.

4. By submitting content, you represent and warrant that you have the legal right and authority to do so and that the content complies with all applicable laws and regulations.

5. Daily.ai is not responsible or liable for any content submitted by you or any other user, and you agree to indemnify and hold Daily.ai harmless from any claims, damages, or losses arising from your submission of content.

6. Daily.ai may, at its sole discretion, terminate your access to the platform and remove any content you have submitted if it believes that you have violated these terms or engaged in any unlawful or harmful activities.

By using Daily.ai and submitting content, you agree to abide by these terms and conditions.

Primarily, the content you generate belongs to you. Any original material you submit, upload, share, save, or otherwise contribute to Daily.ai continues to be your property and is safeguarded by copyright and any relevant intellectual property legislation.

This encompasses newsletters, subscription lists, any additional text or images uploaded to your subdomain on Daily.ai, and any data provided to acquire a Daily.ai username and account. Furthermore, it covers any remarks made on present or forthcoming discussion board functionalities on Daily.ai.

In these Terms, any content that is posted, uploaded, shared, stored, or otherwise made available through Daily.ai is referred to as a "Post." There are several guidelines that govern all Posts:

Do Not Infringe: Ensure that your posts do not infringe upon the rights of others, including Daily.ai. You should not duplicate, adapt, change, interpret, announce, communicate, disseminate, execute, post, exhibit, permit, trade, monetize, or utilize any content that you do not own for any reason, unless you have obtained prior permission from the content's owner.

Limited License to Us: To showcase your Posts on Daily.ai and enable other users to appreciate them, you provide us with specific rights in your Posts:

Using Daily.ai: By using Daily.ai, you grant us permission to translate, modify, reproduce, and take other actions regarding your Posts, which allows us to offer, enhance, and inform you about new features within Daily.ai. You acknowledge and agree that we may need to alter your Posts to meet the technical specifications of networks, devices, services, or media, and this permission includes the rights to make such adjustments. For instance, we might need to modify your newsletter to ensure it can be viewed on both an iPhone and a computer.

Public Posts: By sharing a Post with other users on Daily.ai, you provide us with the aforementioned license, along with the permission to showcase, execute, and disseminate your Post. Additionally, you grant all other Daily.ai users the right to access the Post and utilize and exercise all rights associated with it, in accordance with the features provided by Daily.ai.

License Duration and Conditions: By agreeing to these terms, you acknowledge that the permissions you provide are without any fees, everlasting, non-revocable, and applicable globally. This agreement solely pertains to granting a license and does not impact your ownership of the Posts.

We hold the authority to delete any content from Daily.ai whenever we deem necessary, for any reason (such as, but not limited to, allegations of content contribution violating these Terms), at our exclusive discretion, and without providing any prior notice.

Intellectual Property Rights and Infringement Notification

The intellectual property rights associated with the content and services provided on this platform are protected by law. If you believe that any material on this platform infringes upon your intellectual property rights, please notify us accordingly.

We uphold the intellectual property rights of others and maintain the right to remove or disable any content accused of infringement, as well as terminate the accounts of those who are repeatedly accused of infringement. You commit to adhering to copyright notices, trademark regulations, information, and any additional restrictions provided by us or displayed on Daily.ai.

Please click here to access our comprehensive Copyright Dispute Policy and find out how to report potential copyright violations. For further information regarding the Digital Millennium Copyright Act, which guides our approach to handling such reports, click here.

You acknowledge that Daily.ai is our property. These Terms do not provide you with any ownership, rights, or interests in Daily.ai, nor in our trademarks, logos, and other intellectual property.

Terms of Service: Permitted Usage Guidelines

You hold responsibility for all actions taken while using Daily.ai. Ensure that your usage of Daily.ai adheres to legal requirements. If any laws applicable to you prohibit the use of Daily.ai, you are not permitted to use it. We cannot and will not be held accountable for any unlawful usage of Daily.ai on your part.

You also consent to not submitting any Post or utilizing Daily.ai in a way that:

Involves deception or intimidation, or breaches Daily.ai's Content Guidelines in any manner.

Compromises the safety of your Daily.ai account or another person's (for example, permitting someone else to access Daily.ai using your credentials or sharing your account or password with someone);

Attempts, in any way, to acquire the password, account, or other security information of any other user;

Breaches the security of any computer network, or decrypts any passwords or security encryption codes;

Operates Mailing List, Listserv, any type of auto-reply system or "spam" on Daily.ai, or any processes that operate or become active when you are not signed in to Daily.ai, or that otherwise disrupt the correct functioning of Daily.ai (including imposing an excessive burden on Daily.ai's infrastructure);

Accesses, collects, or retrieves any page, data, or section of Daily.ai using manual or automated methods, such as "crawling," "scraping," or "spidering."

Reproduces or retains any substantial part of the material on Daily.ai;

Attempts to decompile, reverse engineer, or acquire the source code, underlying concepts, or information related to Daily.ai.

Terms of Service: Interactions with Other Users and Third-Party Entities

Content: Any content shared on Daily.ai, including Publisher newsletters, is solely the responsibility of the individual or entity that created it. By accessing this content, you assume all risks associated with it. We are not responsible for any inaccuracies or missing information in any content, and you agree to release us from any damages or losses you may experience in relation to such content.

Interactions with Other Users on Daily.ai: When engaging with organizations and individuals discovered on or via Daily.ai, including payments for Publisher newsletters, you acknowledge that all associated terms, conditions, warranties, or representations are strictly between you and the respective organizations or individuals. Daily.ai is not responsible or liable for any losses or damages resulting from such interactions. We cannot guarantee the identity of users accessing Daily.ai and hold no responsibility for determining who gains access to our products and services.

Third-Party Content: Daily.ai might include links or connections to websites or services owned and operated by third parties, which are not under our control. We do not have any authority over, nor do we take responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed on any third-party websites. By using these third-party websites or services, you agree to release and not hold us liable for any issues that may arise from your use of such websites or services.

If you encounter a disagreement with another user(s) of Daily.ai or a third party, you agree to absolve us, our officers, employees, representatives, and successors from any claims, demands, and damages, whether known or unknown, suspected or unsuspected, revealed or concealed, that may arise from or be connected to such conflicts and/or Daily.ai.

Liability Restrictions

To the maximum extent permitted by relevant law, Daily.ai, its licensors, and its suppliers shall not be held responsible or accountable to you or any other individual under any legal principle or theory for:

Any kind of indirect, special, incidental, or consequential damages,

The total sum exceeding either (1) $100 or (2) the payments made and/or due from you to us for Daily.ai during the twelve-month period prior to the relevant claim.

Absence of Guarantees

Daily.ai is offered to you on an "as-is" basis, which implies that we deliver it without any explicit or implicit guarantees of any sort. This encompasses any implied warranties of merchantability, fitness for a specific purpose, non-infringement, or any assurance that the utilization of Daily.ai will be continuous or free from errors. As a result, we do not:

Do not make any guarantees or assurances regarding any content found in or accessed via Daily.ai. We shall not be held accountable for the precision, adherence to copyright laws, legality, or appropriateness of the material contained in our products and services.

Do not provide any guarantees or assurances about suggestions or recommendations of products or services (including Publisher newsletters) available or acquired via Daily.ai. Products and services obtained or presented through Daily.ai, such as newsletters, come with no warranties of any sort from Daily.ai and are given in an "as-is" condition.

Terms of Service for Paid Subscriptions on Daily.ai

By purchasing a paid subscription on Daily.ai, you agree to the following terms and conditions:

1. Subscription Plans: Daily.ai offers various subscription plans for its services. By selecting a plan, you agree to pay the applicable fees, as well as any applicable taxes.

2. Billing: You authorize Daily.ai to charge your chosen payment method for the subscription fees and any other charges you may incur in connection with your use of the services. You are responsible for providing accurate and up-to-date payment information.

3. Renewal: Your subscription will automatically renew at the end of each billing period, unless you cancel it before the renewal date. You will be charged the same subscription fee for each renewal period.

4. Cancellation: You may cancel your subscription at any time. However, no refunds will be provided for any unused portion of the subscription period.

5. Changes to Subscription Plans: Daily.ai reserves the right to modify or discontinue any subscription plan at any time. If a change affects your subscription, you will be notified and given the option to continue with your current plan, switch to a new plan, or cancel your subscription.

6. Termination: Daily.ai may terminate your subscription if you breach these terms or if your payment method is declined or expires. Upon termination, you will lose access to the services and any unused portion of your subscription period.

7. Limitation of Liability: Daily.ai's liability for any claim related to your subscription or use of the services is limited to the amount you paid for the subscription during the 12 months preceding the claim.

8. Governing Law: These terms are governed by the laws of the jurisdiction in which you reside. Any disputes arising from these terms will be resolved in the courts of that jurisdiction.

As a Publisher on Daily.ai, you create and distribute newsletters. As a Reader, you subscribe to these newsletters via the Publisher's unique subdomain on Daily.ai.

A Publisher has the option to provide their newsletters at no cost or with a subscription fee, which is at the Publisher's discretion. Readers who decide to subscribe to Publisher newsletters on Daily.ai accept responsibility for any relevant subscription fees.

Publishers have the authority to determine the pricing of their newsletters and can modify the prices as they deem fit via their Publisher account. However, any changes in pricing will not have a retrospective effect.

If a Reader encounters a disagreement with a Publisher, you acknowledge that Daily.ai has no responsibility to intervene, except for directing any questions about a Publisher's newsletter to the respective Publisher in accordance with the Publisher Agreement. For more information on how Daily.ai handles its connections with Publishers, please refer to the Publisher Agreement.

Account Termination

Daily.ai reserves the right to terminate or suspend your access to Daily.ai, or your account, for any reason at our discretion. While we will attempt to give you prior notice before terminating your account, allowing you to retrieve any important Posts you may have uploaded, we may not provide such notice if we deem it to be impractical, illegal, detrimental to someone's safety or security, or otherwise harmful to the rights or property of Daily.ai.

Daily.ai permits you to remove your account whenever you wish. To do this, simply visit your account page and proceed with the deletion. Upon removing your account, all Posts linked to it will be deleted as well. Nonetheless, any public Post you have created might still be accessible.

You acknowledge and accept that fully erasing your content from Daily.ai's records or backups may not be feasible, and that your Posts might still be visible elsewhere if they were copied or saved by other users. For information on how we handle the data you share with us after discontinuing the use of Daily.ai, please consult our Privacy Policy.

You acknowledge that certain obligations outlined in these Terms shall remain effective even after the termination of your account. The following terms shall continue to be applicable upon termination: any responsibility you have to compensate or reimburse us, any restrictions on our liability, any provisions related to ownership or intellectual property rights, terms concerning disputes between us, and any other terms that, by their essence, should persist beyond the termination of these Terms.

In the event of accidental account deletion, please reach out to us promptly at tos@daily.ai. We will make an effort to assist you; however, we cannot guarantee the recovery or restoration of any data.

Terms of Service: Privacy on Daily.ai

This document outlines the Terms of Service related to privacy on Daily.ai. By using our platform, you agree to these terms and acknowledge that we may collect, use, and share your information as described below.

1. Information Collection: We may collect various types of information from you, including personal data (e.g., name, email address), usage data (e.g., browsing history, search queries), and device data (e.g., IP address, device type).

2. Information Usage: We use the collected information to provide and improve our services, personalize your experience, communicate with you, and for other legitimate purposes.

3. Information Sharing: We may share your information with third parties, such as service providers, advertisers, and partners, for various purposes, including to enhance our services, analyze usage, and deliver targeted content. We may also disclose your information if required by law or in response to legal requests.

4. Data Retention: We retain your information for as long as necessary to fulfill the purposes outlined in these Terms of Service, comply with legal obligations, resolve disputes, and enforce our agreements.

5. Data Security: We implement appropriate security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, we cannot guarantee absolute security, and you acknowledge that you provide your information at your own risk.

6. Third-Party Links: Our platform may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third parties and encourage you to review their privacy policies.

7. Children's Privacy: Our services are not intended for individuals under the age of 13. We do not knowingly collect personal information from children under 13, and if we become aware of such collection, we will take steps to remove the information and terminate the account.

8. International Data Transfers: Your information may be transferred to and processed in countries other than your country of residence, which may have different data protection laws. By using our services, you consent to such transfers and processing.

9. Changes to These Terms: We may update these Terms of Service from time to time. We will notify you of any changes and will indicate the effective date of the updated terms. Your continued use of our services after the changes take effect constitutes your acceptance of the updated terms.

10. Contact Us: If you have any questions or concerns about these Terms of Service or our privacy practices, please contact us at [contact information].

Daily.ai is highly committed to protecting your privacy. To view the up-to-date Daily.ai Privacy Policy, kindly click here.

In compliance with the Children's Online Privacy Protection Act (COPPA), we must obtain parental consent before knowingly collecting personal information from children online. We do not intentionally gather or request personal information from individuals under the age of 16. If you are under 16, please do not attempt to register for Daily.ai or provide us with any personal information about yourself. If we discover that we have collected personal information from someone under 16, we will promptly delete that information. If you suspect that a child under 16 has provided us with personal information, please contact us at tos@daily.ai.

Modifications to Daily.ai's Terms of Service

Daily.ai reserves the right to update, revise, or modify its Terms of Service at any given time. By continuing to use our services, you agree to be bound by any such changes. It is your responsibility to regularly review the updated Terms of Service to stay informed about any modifications.

We constantly strive to enhance Daily.ai, which may result in changes to our products and services. This could include suspending or discontinuing aspects of Daily.ai, introducing new features, or implementing limitations or restrictions on existing features or access to parts or the entire platform. Although we aim to provide notice for significant changes that might negatively impact you, it may not always be feasible or practical to do so.

Modifications to the Terms

We continually strive to enhance our products and services, which may necessitate modifications to these Terms in accordance with Daily.ai. We hold the authority to alter the Terms whenever required, and if we do so, we will notify you by displaying an announcement on the website, sending you an email, and/or employing other methods of communication.

If you disagree with the updated Terms, you have the option to decline them; however, this will result in your inability to continue using Daily.ai. By continuing to use Daily.ai after the effective date of the amended Terms and after receiving notice, you are indicating your acceptance of all the modifications.

Unless altered by us as outlined herein, any amendments or modifications to these Terms will only be valid if they are in written form and signed by both parties, i.e., you and us.

Breaching the Terms of Service

Non-compliance with any of these Terms will be considered a violation of these Terms and may lead to the immediate termination of your account. Daily.ai holds the exclusive authority to determine if you have breached any of the limitations outlined in these Terms.

Terms and Conditions: Additional Provisions

1. Governing Law: The Terms of Service shall be governed by and construed in accordance with the laws of the specified jurisdiction, without regard to its conflict of law provisions.

2. Dispute Resolution: Any disputes arising from or relating to the Terms of Service, the Platform, or the Services shall be resolved through the specified dispute resolution process, which may include arbitration, mediation, or litigation.

3. Severability: If any provision of the Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

4. No Waiver: The failure of either party to enforce any right or provision of the Terms of Service shall not be deemed a waiver of such right or provision, and no waiver shall be effective unless in writing and signed by the waiving party.

5. Assignment: The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Platform without restriction.

6. Entire Agreement: The Terms of Service, together with any other agreements or policies incorporated by reference, constitute the entire agreement between you and the Platform and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between the parties.

7. Modifications: The Platform reserves the right to modify or replace the Terms of Service at any time, and you agree to be bound by such modifications or replacements. It is your responsibility to periodically review the Terms of Service for any changes.

8. Notices: Any notices or other communications required or permitted under the Terms of Service shall be in writing and shall be deemed given when delivered personally, sent by certified or registered mail, or sent by email to the parties at their respective addresses or email addresses provided during registration or as updated from time to time.

9. Force Majeure: Neither party shall be liable for any failure or delay in performance under the Terms of Service due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, or any other cause beyond the reasonable control of the affected party.

10. Headings: The headings used in the Terms of Service are for convenience only and shall not affect the interpretation or construction of the provisions hereof.

11. Language: The Terms of Service may be translated into other languages, but in the event of any inconsistency or ambiguity, the English version shall prevail.

The information provided above addresses the majority of inquiries we usually get regarding Daily.ai. Below, we have compiled less common provisions:

Indemnification: In accordance with the maximum extent permitted by relevant law, you agree to defend, indemnify, and hold harmless Daily.ai, its affiliates, officers, agents, employees, and partners from any and all claims, liabilities, damages (both actual and consequential), losses, and expenses (including legal fees) that arise from or are in any way connected to third party claims related to (a) your use of Daily.ai (including actions taken by a third party using your account), and (b) your breach of these Terms. If such a claim, lawsuit, or action occurs, we will make an effort to notify you using the contact information associated with your account (however, failure to provide this notice does not negate or lessen your indemnification responsibilities under this agreement).

Terms of Service Assignment: You are not permitted to assign, delegate, or transfer these Terms, your rights or obligations under them, or your Daily.ai account in any manner (whether by operation of law or otherwise) without obtaining our prior written approval. However, we reserve the right to transfer, assign, or delegate these Terms and our rights and obligations without seeking consent.

Governing Law: The interpretation and enforcement of these Terms will be subject to applicable federal law and the laws of the State of California, without considering any conflicting legal principles or rules.

Arbitration and Class Action Waiver: Any disputes resulting from or related to these Terms will be resolved through arbitration in San Francisco County, California, following the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") in effect at that time. A commercial arbitrator with significant experience in resolving intellectual property and commercial contract disputes will be chosen from the appropriate list of JAMS arbitrators, in accordance with JAMS' Streamlined Arbitration Rules and Procedures. A court with jurisdiction may enter judgment upon the award, or an application can be made to such court for judicial acceptance of the award and an enforcement order, as necessary. Despite this, both you and Daily.ai have the right to initiate legal action in a court with proper jurisdiction for injunctive or other equitable relief while awaiting a final decision from the arbitrator. For all purposes related to these Terms, you agree to the exclusive jurisdiction and venue of state or federal courts located in San Francisco County, California, or the Northern District of California. The winning party in any legal action or proceeding resulting from these Terms will be entitled to an award of costs and attorneys' fees. To the maximum extent allowed by law, you and Daily.ai Inc agree that all claims against each other must be brought individually and not as a plaintiff or class member in any alleged class, consolidated, or representative proceeding. We agree that arbitrators cannot conduct any class, consolidated, or representative proceedings and are limited to providing relief warranted by an individual party's claim.

No Third-Party Beneficiaries: We concur that these Terms are not designed to provide benefits to any third parties.

No Association: By accepting these terms, you confirm and agree that you do not hold any position as an employee, representative, associate, or collaborator with Daily.ai Inc., and you possess no authority of any sort to commit or obligate us in any manner.

Waiver: If either you or we do not exercise any right provided in these terms, it does not mean that either party has waived their ability to exercise those rights in the future.

Severability: In the event that any part of these Terms is deemed unenforceable or invalid, such provision will be reduced or removed to the least extent required, ensuring that the remaining Terms continue to be fully valid and enforceable.

Full Agreement: By accepting these Terms, you acknowledge that they represent the entire and definitive agreement between you and us, replacing and nullifying any prior written or verbal agreements, discussions, or other arrangements related to the subject matter of these Terms.

California and CCPA Privacy Rights and Disclosures Addendum

This California Privacy Rights and Disclosure Addendum (the “Addendum”) section addresses the legal obligations and rights laid out in the California Consumer Privacy Act (the “CCPA”) in order to comply with the requirements set forth in the CCPA for those businesses doing business in California and/or offer their services to California residents, including with respect to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (collectively, “California Information”).

California Information We Collected and/or Shared

This section of the Policy provides the information California residents need to exercise their rights over their California Information. Here is information about the California Information we may have collected from and shared about consumers over the twelve months prior to the Effective Date of this Policy.

In the year before the date this Policy was updated, on or through some of our Services we may have collected and/or shared (for operational purposes with providers who provide services for or to us in connection with developing, improving, providing and/or offering our Services) the following categories of California Information:

We may have collected these categories of California Information for the following purposes:

We may have obtained California Information from a variety of sources, including:

While the CCPA defines ‘sale’ very broadly, there is no industry-wide consensus whether enabling third parties to collect personal data via cookies and other similar tracking technologies for the purposes of delivering interest or location-based advertising and/or similar targeting activities constitutes a “sale” under the CCPA. However, a “sale” under the CCPA may be considered to include the sharing of California Information in exchange for anything of value. According to this broad definition, in the year before the date this Policy was updated, on or through some of our Services we may be deemed to have sold the following categories of California Information:

Your California Privacy Rights to Request Disclosure of Information We Collect and Share About You

If you are a California resident, California Civil Code Section 1798.83 permits you to request information about our practices related to the disclosure of your personal information by certain members of System1 and its affiliated entities to certain third parties for their direct marketing purposes. You may be able to opt-out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. Please contact us with your request.

In addition, if you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following:

You can submit a request to us for the following additional information:

To exercise your CCPA rights with respect to this information, please contact us. These requests for disclosure are generally free.

Your Right to Request the Deletion of California Information

Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us.

To exercise your right to request the deletion of your California Information, please contact us. These requests are generally free.

Your Right to Ask Us Not To Sell Your California Information

You can always tell us not to sell your California Information by contacting us.

Once we receive and process your request, we will not sell your California Information unless you later allow us to do so.