Daytrip is a productivity tool that helps users create and manage a list of tasks. This document (“Agreement”) is a legally binding agreement between you and Z Axis Labs, Inc., a Delaware company (“Z Axis Labs”, “we” or “our”), that governs your (“you”, “user”) use of the software application Daytrip, including the mobile applications, back-end server, web interface at www.daytriptasks.com, and the associated services (“Daytrip”, “Application”, “Service” or “app”)
We retain our rights title and interest in Daytrip, and all that makes up Daytrip, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our property”), and all intellectual property rights related to our property. Subject to this Agreement, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Daytrip for noncommercial use only (aka you can’t resell Daytrip). We reserve all rights not expressly granted in this Agreement in Daytrip and our property. This Agreement do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our property for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to give us feedback or ideas about Daytrip, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
Privacy and Security
To use the Application you must have a device with software that is compatible, so we cannot guarantee that the Application will work on your device. Your license to use the Application is automatically revoked if you violate this Agreement. You may not copy, modify, distribute, sell, or lease any part of Daytrip or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions).
Z Axis Labs has a right to allow Daytrip to utilize the processor, bandwidth, battery power, and storage hardware on your mobile or desktop device for the limited purpose of facilitating the communication, display, storage and transmission of data required for its operation.
App Updates: From time to time, we may issue upgraded versions of the Application. You agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Account and Data
We may delete or terminate accounts that are inactive (i.e., not logged into) for 90 days. We may delete accounts that break any of the terms outlined in this Agreement.
If you want us to delete your account, contact us at the email, firstname.lastname@example.org.
The Service may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Service by you or through your account (“Your Content”). We take no responsibility for Your Content.
- Share only the Content that you have the right to share.
- Post photos and videos that are appropriate for a diverse audience. We don’t allow Content including nudity, acts of violence or other inappropriate Content.
- No solicitation, spamming, or advertising.
- Do not post other's identifying information (pictures, screen name, location, age, etc).
- We do not claim ownership of Your Content, but you grant us a license to use it for the purpose of enhancing the user experience in the App.
- We’re not responsible for storing your content. We may delete Content from the Service periodically to save space or adhere to regulations.
- Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, review, delete or remove Your Content at any time and for any reason, including for a violation of this Agreement, or if you otherwise create liability for us.
- The Service may contain links to third-party websites, products, or services, which may be posted by other users like you (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of those websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
We may, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Z Axis Labs or other users (including without limitation chat, text and voice communications) when you are using the Service.
We are not responsible for Content provided by other users. However, if someone is violating these terms or misusing the Service, let us know by sending an email to email@example.com
Your Dealings with Other Users
When you have the opportunity to work with other users, you are responsible for your interactions with them. If you have a problem with another user, we are not required to get involved, but we can if we desire.
- Maintain a supportive and positive environment. Be respectful to others.
- Don’t advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
If you have a dispute with another user, you release Z Axis Labs and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all Z Axis Labs affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute.
You agree not to misuse the Service or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Service:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Service;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- violate the law in any way;
- use the Service to harvest, collect, gather or assemble information or data regarding the Service or users of the Service; or
- violate the privacy or infringe the rights of others.
All Sales are Final
You acknowledge that Z Axis Labs is not required to provide a refund for any reason, and that you will not receive money or other compensation when an account is closed, whether such closure was voluntary or involuntary.
Modifying and Terminating Service
We are constantly changing and improving Daytrip. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Daytrip and related services at any time without prior notice.
You agree to indemnify and hold Z Axis Labs and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
Daytrip is provided on an “as-is” and “as available” basis. Use of Daytrip is at your own risk. To the maximum extent permitted by applicable law, Daytrip is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, productivity for a particular purpose, or non-infringement. Without limiting the foregoing, Z Axis Labs and its licensors, do not warrant that the information is accurate, reliable or correct; that Daytrip will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Daytrip is free of harmful components.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Z Axis Labs, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of profits, business interruption, corruption of files, loss of business information, loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use Daytrip, even if you have advised Z Axis Labs about the possibility of such loss, and including any damages resulting therefrom.
Changes to These Terms
Z Axis Labs may make changes to this Agreement at its sole discretion. Changes will be communicated by us posting the new version of the Agreement on the Z Axis Labs company or product websites or as otherwise determined by Z Axis Labs in its sole discretion and your acceptance of and / or continued use of Daytrip after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge and reaccept this Agreement following any material changes.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Z Axis Labs, you agree to try to resolve the dispute informally by contacting the representative below via email, with a CC to firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Z Axis Labs may bring a formal proceeding.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Washington or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in mobile software applications and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. You and Z Axis Labs agree that each may bring claims against the other only in your or its individual capacity, and not as a class member or in any representative capacity or proceeding. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding.
Founder and CEO, Z Axis Labs
Email: roby [at] zaxislabs.com. (replace “[at]” with “@” and remove the spaces)