This document explains the nature of the agreement between Open Door Teams and users of Daycast, including the Daycast website, time-tracking service, and related services ("Service"). Please read it carefully.
Open Door Teams provides Service subject to your compliance with the terms and conditions ("Terms of Service") set forth below.
Open Door Teams reserves the right to modify the Terms of Service without notice at any time. New features added to the Service shall be subject to the Terms of Service. Your continued use of the Service after such modifications, shall constitute your continued agreement to the Terms of Service for the modified Service.
Violation of any part of the Terms of Service will result in termination of your account.
The following rules apply to all accounts, free, trial, temporary, and paid.
- You must be 13 years or older to use this Service.
- You are responsible for your activities and all content you provide on the Service.
- You will use the Service in accordance with all applicable laws, rules, and regulations.
- You will not use the Service to upload, transmit, store, or otherwise distribute objectionable content, as solely determined by Open Door Teams.
- You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process. With your permission, we may obtain this information from your authentication provider.
- You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of accounts you have access to.
- Open Door Teams will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password, API key, or active session ID.
- From time to time, free accounts to the Service may be available. If free accounts are available, they are provided on a one-per-person basis.
Payment and Access
- A valid credit card is required for paying accounts after the trial period (if any) has elapsed.
- If you cancel the Service prior to the processing of your first invoice at the end of your trial period (if any), your credit card will not be charged.
- We will charge you a standard monthly fee based on your account type. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made for lack of use of the Service during a period of time when your account is open. No exceptions will be made.
- Should you upgrade or downgrade your account type, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every 30 days thereafter until you cancel your account.
- All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Modifications to the Service and Fees
- Open Door Teams reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- Open Door Teams reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices will be posted on our rates page.
Cancellation and Termination
- You are responsible for the proper cancellation of your account. You may cancel your account at any time by emailing a request for cancellation to support at daycast dot com.
- Your account and all of its Content will be deleted immediately upon your cancellation of the Service.
- You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
- Open Door Teams reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account.
- Open Door Teams may refuse service to anyone for any reason at any time.
Copyright and Ownership
- Open Door Teams or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork, end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which Open Door Teams or its suppliers own.
- Open Door Teams claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- As long as you comply with these Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use the Service. Your use of the Service is at your own risk.
- You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the express written permission of Open Door Teams.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- You understand that the Service can be used for transmission of your Content and that during processing, your Content, including Client names, project names, tasks, time entered, users names, email addresses, and passwords, may be transferred unencrypted over the internet.
- You may not use the service to transmit any viruses, worms, or malicious content.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- The failure of Open Door Teams to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Open Door Teams as to the Service and supercedes any prior agreements between you and Open Door Teams (including, but not limited to, prior versions of the Terms of Service).
Changes and Service Availability
Open Door Teams reserves the right to do any of the following, at any time, without notice to you:
- to modify, suspend, or terminate operation of or access to the Service or any portion of the Service for any reason;
- to modify or change the Service or any portion of the Service and any applicable policies or terms; and
- to interrupt the operation of the Service or any portion of the Service as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- You agree to indemnify and hold Open Door Teams harmless from any and all demands, loss, liability, claims, or expenses (including attorney's fees) made against Open Door Teams by any third party due to or arising out of or in connection with your use of the Service.
Representations and Warranties
- Open Door Teams makes no representations or warranties (i) regarding your ability to use the Service, (ii) regarding your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free, (iv) regarding the accuracy of mathematical calculations performed by the Service, (v) that the quality of any products, services, information, or other material purchased or obtained by you through Open Door Teams will meet your expectations, or (vi) that any errors in the Service will be corrected.
Limitations of Liability
- Open Door Teams, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If the applicable jurisdiction allows such limitations of liability, the following limitation applies. If, notwithstanding the other provisions of the Terms, Open Door Teams is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, our liability shall not exceed what you paid Open Door Teams for the Service in the previous month.
- This User Agreement shall be governed and construed in accordance with the substantive laws of the United States of America. Any dispute, controversy, or claim arising out of or in connection with this User Agreement will be subject to the jurisdiction of the courts of the United States of America, Washington State Circuit Court being the court of first instance.
- You agree to personal jurisdiction by and venue in the state and federal courts serving the Western District of Washington State and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
- No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney's fees.
- In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
- If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.
- If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
- Any questions regarding the Terms of Service should be addressed to daycast-admin at opendoorteams dot com.
Version 1.1: October 2017 - Minor formatting and copy editing
Version 1.0: March 2016 - Initial Release