Updated Wednesday, January 27th, 2021
See also Privacy-Policy.
These Terms and Conditions govern the access and use of our website and should be read carefully.
Daycos Inc. (“Daycos,” “we,” “our”) offers software applications, and services available online, as subscription
services (each, a “Subscription Service”) as well as support and professional services (all collectively, the
“Services”), Daycos may offer some of its public data in machine readable format through an Application Programming
Interface (API) or other methods, and websites, including but not limited to www.Daycos.com, www.Daycos4good.com,
www.Daycos.com/blog, www.mydaycos.com, dod.mydaycos.com and www.moverspay.com (collectively, the “Websites”).
1. YOUR RELATIONSHIP WITH DAYCOS
1.1 Daycos has three different types of end users:
1.2. We call users of the Websites “Site Visitors.” We call users who use the free version of the Services “Free Users.” While Free Users can access and use the Services, they have access to a more limited set of features and functionality than Subscribers. We call users who use the Services as part of a paid subscription plan (regardless of the subscription tier) “Subscribers.” The features and functionalities available to Subscribers are determined by the subscription tier.
1.3. We refer to these three types of end users collectively as “Users” or “you” for purposes of these Terms of Service (the “Terms”). Regardless of what type of User you are, these Terms create a legally binding agreement between you and Daycos and explain the rules governing use of the Services and Websites. If you do not agree to these Terms, please do not access, or use the Services and Websites.
2. PROHIBITION AGAINST MISUSE
2.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. (l) to license, sublicense, sell, resell, rent, lease, transfer, distribute, provide access, or otherwise commercially exploit, or make the Services or deliverables available to any third-party except as expressly authorized herein; (m) to copy, modify, translate, adapt, merge, or create derivative works of the Services or Deliverables or disassemble, decompile, reverse engineer or otherwise extract the source code of, or reduce to human-perceivable form, any part of them unless the foregoing restrictions are expressly prohibited by applicable law; (n) to use or access the Services or Deliverables for competitive purposes.
2.2. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
2.3. Modification or False Representation of Content
2.3.1. You may not modify any content accessed through the Websites in any manner which could reasonably be interpreted or construed as conveying the false impression that Daycos is the source of such content.
2.4. Right to Limit
2.4.1. Your use of the Websites may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by Daycos. If Daycos reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the Websites may be permanently or temporarily blocked. Daycos may monitor your use of the Websites to improve the service or to ensure compliance with this Agreement.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. This site contains trademarks, service marks and trade names owned by Daycos (“Daycos Intellectual Property”) that are protected by applicable trademark and other intellectual property laws. You may view, download, and print material on this site for non-commercial personal use only. However, without the express prior written consent of Daycos and any other rights owner, you may not publicly display, perform, transmit, list, modify, reproduce, distribute, participate in the transfer or sale of, make derivative works from, upload or otherwise use any of the Daycos Intellectual Property contained on this website or the selection, arrangement, or coordination of its content. If you receive such permission, you may not delete, change or in any manner or fashion alter or enhance the existing trademark notices. You should not assume anything on this site is necessarily in the public domain. Additionally, you agree not to post or use any information from this site for any advertising or solicitation for products or services without Daycos’ express prior written consent.
4. DISCLAIMER OF LIABILITY AND WARRANTIES
4.1. Daycos does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed, or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to any software, information, or other item located on, derived from, or linked to by this Website. Everything is provided “as is,” “as available.” In no event will Daycos be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses of any kind arising in connection with the use of or inability to us this Website or any linked site. Additionally, we are not liable for any item created by you or any third party, including, but not limited to, software products. Use of this Service and any Service derived wholly or in part from this Website is at your own risk.
4.2. You assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using this website. You will obtain, maintain, and support all internet access, equipment, and ancillary services needed to access the Services and Deliverables. You also accept, at your own risk, that the Internet and online communications medium may not perform as intended despite our efforts, those of your Internet service provider, or you.
4.3.1. You agree to indemnify and hold harmless Daycos, its officers, employees, contractors, agents, and the like from and against any and all liabilities, claims, and expenditures, including attorney’s fees, arising out of your use of the Websites, including but not limited to violation of this Agreement.
4.4.1. Daycos may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability.
5. DISCLAIMER OF ENDORSEMENT
5.1. Daycos does not endorse any commercial product, process, service, or enterprise, by trade name, trademark, service mark, manufacturer or otherwise. Links to other websites and references to any commercial product or enterprise are provided solely for your convenience, and do not necessarily constitute or imply our endorsement, recommendation, or exclusive approval thereof. Accordingly, Daycos does not endorse or assume responsibility for the content provided on any third-party website to which we are linked.
5.2.1. You may use the Daycos name in order to identify the source of the Websites content, subject to these rules. You shall not use the names of Daycos to imply endorsement, approval, sponsorship, association or authorization of any product, service, or entity (not-for-profit, commercial, or otherwise).
6. YOUR ACCOUNT
6.1. If you use this site, you are responsible for maintaining the confidentiality of your account, password and for restricting access to your computer. You also agree to assume responsibility for all activities that occur under any account or password that you maintain for electronic commerce with Daycos, Daycos.com, mydaycos.com, and all other websites operated by Daycos. Daycos does not sell products to minors. If you are under 18, you may use Daycos Websites and Services only with involvement of a parent or guardian. Daycos.com, mydaydcos.com and all other websites operated by Daycos reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel purchases in their sole discretion.
6.2. General Representations
You hereby warrant that:
6.2.2. Your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.
6.2.3. You agree that Daycos may provide you notices by email, regular mail, or postings on the Services. You may provide notice to Daycos by emailing firstname.lastname@example.org.
6.3. Your Content
6.3.1. As between the parties, you own all right, title, and interest in and to the Content in your account, including all intellectual property and proprietary rights therein. Except as expressly set forth herein, Daycos acquires no right, title, or interest from you hereunder in or to your Content. “Content” means the data, information, images, and other content that is uploaded to, imported into, or created in the subscription Service by the Users, but does not include statistical data.
6.3.2. You hereby grant Daycos a worldwide, non-exclusive, non-transferable, right to access, use and process the Content: (a) as requested by you or a User; (b) as necessary to manage accounts, provide Support and provide and improve the Services, including to identify, investigate, or resolve technical or security problems with the Services and to detect and protect against fraud; and (c) as required by applicable law, regulation, legal process, or enforceable governmental request and to detect and prevent violations of these Terms.
6.4. Billing, Payment and Renewal
6.4.1. If you select a paid tier of the Subscription Service (a “paid account”), Daycos will bill you in advance for use of the Services on the frequency that you select. Subscriptions are for named individual and cannot be shared or used by more than one individual at a time.
6.4.2. Current pricing for non-enterprise accounts is published on the Daycos Websites. Daycos reserves the right to modify pricing at any time for renewal terms; provided, that Daycos will notify you or the account admin prior to any price increase affecting that account. If you upgrade to a higher tier of paid account, Daycos will credit any remaining balance from your previous subscription payment to your new tier.
6.4.3. All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page, order, or invoice. Credit card, debit card or other non-invoice forms of payment are due at the beginning of the relevant subscription term. Daycos will charge you for all fees when due. Daycos may enable other forms of payment in the Account Settings page, which may be subject to additional terms. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent thereafter.
6.4.4. Your subscription will automatically renew at the end of each subscription term and you authorize Daycos to charge the credit card, debit card or other non-invoice forms of payment for each renewal. If you wish to change your subscription level, number of Users, subscription term, or cancel your auto-renewal, the account owner or the admin must change the settings in the Account Settings page provided in the Subscription Service or contact our customer support team prior to the renewal date.
6.4.5. Billing disputes must be notified to Daycos in writing before the due date. Delinquent payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Daycos in collecting delinquent amounts. If delinquent fees are not paid, Daycos will automatically downgrade your account to a free account and/or suspend or terminate your use of the Services. Downgrading your account may cause the loss of Content, features, functionality, or capacity. If you require a purchase order, vendor registration form, or other documentation, such requirement will in no way relieve, affect, or delay your obligation to pay amounts when due.
6.4.6. You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than Daycos’ income tax) (collectively “Taxes”), and you will pay Daycos for the Services without any reduction for Taxes. If Daycos is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Daycos with a valid tax exemption certificate. If you are required by law to withhold any Taxes from your payments to Daycos, you must provide Daycos with an official tax receipt or other appropriate documentation to support such withholding and reimburse Daycos for such withholding tax.
6.4.7. Except as expressly set forth in these Terms or when required by law, all fees are non-cancellable and once paid are non-refundable, even in the case of unused subscription periods.
7. VENUE, JURISDICTION AND CHOICE OF LAW
7.1. By accessing this site, you are consenting to be governed by and construed in accordance with the laws of 1500 Riverside Blvd Norfolk, NE, in any action arising out of or relating to this agreement including without limitation any use of this website. Additionally, you waive any other venue to which you might be entitled by domicile or otherwise.
7.2. Daycos’ failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.
8. DAYCOS SECURITY, PRIVACY AND YOUR PERSONAL INFORMATION
8.2. Daycos will use data provided in connection with the creation or administration of entity and User accounts
solely to set up and maintain such accounts, and as necessary to comply with applicable law, regulation, legal
process, or enforceable governmental requests and to detect and prevent fraud and or violations of this Agreement.
Daycos will maintain appropriate administrative, physical, technical, and organizational measures to protect the security,
confidentiality, and integrity of your Content in accordance with our information security program. Any revisions to
our information security program will not diminish our current data security obligations.