December 7, 2024
These Terms of Service (“Terms”) govern your use of any of our online services locations (e.g., website or mobile app) where we’ve posted a link to these Terms, including the website available at dailytext365.com and the DailyText mobile application (collectively, the “Sites”), and also applies to all features, widgets, plug-ins, applications, content, downloads and other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise.
PLEASE READ THESE TERMS CAREFULLY.
I.ACCEPTANCE OF THESE TERMS
By using the Service, you accept all of the provisions of these Terms and any Additional Terms (defined below), and represent and warrant that you are at least the age of majority in your jurisdiction (or are sixteen (16) years of age or older and have your parent or guardian’s consent to the Terms) and have the requisite power and authority and all permissions necessary to enter into and be bound by these Terms, and you acknowledge that you have read and understood, and agree to be bound by, these Terms, and agree to comply with all applicable laws and regulations in connection with your use of the Service.
By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.
By using the Service, you further agree that DailyText may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service.
II.INTERPRETATION
In these Terms, we use the term “you” to refer to any user of the Service. If you Use the Service on behalf of a company, organization or other entity, then “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf; and you agree that your entity is legally and financially responsible for your use of the Service as well as for the use of your user account by others affiliated with your entity, including any employees, agents or contractors.
The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
III. MODIFICATIONS OF THESE TERMS
We may, in our sole discretion, modify or revise these Terms of use at any time by updating this page. You agree that we may notify you of new, revised or changed terms and other important matters by posting them on the Service (or in any other reasonable manner of notice which we elect). If you continue to use the Service after any such modification or revision, then you are bound by such modification or revision, and you should therefore visit this page periodically to review these Terms. If any modification or revision is not acceptable to you, you are not permitted to continue using the Service.
IV.ADDITIONAL TERMS
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of a specific Service or to a service or product offered via a specific Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
V.SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS
Content. The Service contains a variety of materials and items relating to Daily Text and its products and services, as well as similar items from our licensors and other third parties. This includes, but is not limited to, all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, haptic responses, vibrations, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service along with any and all copyrightable material (including source and object code). Additionally, it is noted that the Service may source information from various websites, products, and other external sources while providing appropriate references to these original sources when displaying or utilizing such content. (ii) This includes trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Daily Text (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively referred to as “Content”).
Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Daily Text and our licensors as well as certain other third parties. You acknowledge and agree that all right, title, and interest in and to the Content available via the Service is the property of Daily Text, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. You agree not to take any actions inconsistent with such ownership interests. Daily Text holds the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. In acknowledging our commitment to proper attribution, we emphasize that any information obtained from external sources will be cited accordingly to respect the rights of the original creators and ensure transparency in our content delivery.
Limited License. Subject to your strict compliance with these Terms and the Additional Terms, DailyText grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) access and view the Content as displayed on the Service on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use and modify certain Content that we may from time to time make available on the Service explicitly for you for use and integration as part of your User-Generated Content (defined below) (which types of Content are referred to herein as “DailyText Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Daily Text Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of all Content, including Daily Text Licensed Elements.
Rights of Others. In using the Service, you must respect the intellectual property and other rights of DailyText and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. DailyText respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section XIII below.
Your Data. For more information about how we may use and share your technical data and related information, including your User-Generated Content, please review the Privacy Policy.
VI.DONATION TERMS AND GENERAL INFORMATION
Donations: You can contribute to our cause through our website, by phone, or through other permitted methods. Your generosity helps sustain our services and enables us to continue providing valuable content.
Donation Amounts: You have the freedom to choose the amount you wish to donate. During the donation process, you will provide your preferred payment method to facilitate your contribution.
Recurring Donations: If you opt for a recurring donation, it will automatically process at the frequency you select (weekly, monthly, or annually). You authorize us to charge your chosen payment method for the donation amount at the specified intervals. Should there be any failure to process your donation, we may reach out to you for resolution.
Duration and Termination of Donations: Your contributions commence once we successfully process your donation. You can decide to discontinue your donations at any time without any obligation. However, please note that we do not provide refunds for donations once they have been processed. We retain the right to terminate your donation privileges at our discretion, particularly in the case of failed payment or violation of our guidelines.
Trial Donations: Occasionally, we may offer promotional opportunities to experience our services at no cost. If you choose to enter such a program, you might be required to provide information for a follow-up donation if you decide to continue supporting us after the promotional period.
VII. PAYMENTS
General Terms: All contributions are expressed in U.S. dollars. To process your donation, you must provide us or our payment processor with valid payment information, including your name as it appears on the card, your card number, the card type, the expiration date, and any necessary activation numbers or codes. By submitting your payment information, you authorize us and/or our payment processor to process the charge at our convenience, typically within thirty (30) days of your authorization.
Your Information: To facilitate your donation, you must provide us with accurate information as required, which may include your name, address, telephone number, email address, and other necessary details. It is your responsibility to keep this information accurate and up-to-date.
Minimum Age: To make a donation, you must be at least the age of majority in your jurisdiction or have the consent of your parent or guardian if you are at least sixteen (16) years old. You affirm that your actions in donating comply with applicable laws and regulations, and that you agree to these terms.
Payment Methods: All donations must be processed using accepted credit cards such as Visa, MasterCard, Discover, and American Express, or through other specified payment methods that we may identify in the donation process.
VIII. PRIVACY AND INFORMATION DISCLOSURE
Your privacy is important to us. Please review our Privacy Policy at [insert link] to understand how we collect, use, and share information about you when you access or use our Service. The Privacy Policy is incorporated into these Terms by reference.
User Accounts and Registration. To access or use certain features of the Service, you may be required to create an account by registering with us. When you register, you agree to (a) provide accurate, current and complete account information about yourself as prompted by the registration form (“Registration Data”); (b) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to your Registration Data and any other information you provide to us.
IX.ACCEPTABLE USE
In connection with your use of the Service, you agree that you will not:
(a) use the Service for any commercial purpose, unless expressly permitted by DailyText in writing;
(b) access, tamper with, or use non-public areas of the Service, DailyText‘s computer systems, or the technical delivery systems of Daily Text’s providers;
(c) attempt to probe, scan, or test the vulnerability of any DailyText system or network or breach any security or authentication measures;
(d) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DailyText or any of DailyText‘s providers or any other third party (including another user) to protect the Service;
(e) copy, modify, create a derivative work of, reverse engineer, decompile, or extract code from the Service or any part thereof, unless you are expressly permitted to do so under applicable laws;
(f) collect or harvest any personally identifiable information, including account names or email addresses, from the Service, or use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation or spam purposes;
(g) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
(h) use the Service to send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
(i) use the Service to promote or engage in any unlawful or fraudulent activity or activity that infringes the rights of DailyText or others;
(j) use the Service to upload or transmit viruses, malware, or other types of malicious code;
(k) use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or other forms of solicitation;
(l) reproduce, distribute, publicly display, publicly perform, communicate to the public, make available to the public, or create derivative works from the Service or any Content (other than your own User Content) on the Service;
(m) copy or use the information, Content or data on the Service in connection with a competitive service (as determined by DailyText); or
(n) violate any applicable law or regulation in connection with your use of the Service.
DailyText has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DailyText may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that DailyText has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or other legal requirements. DailyText reserves the right, at any time and without prior notice, to remove or disable access to any User Content that DailyText, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Service.
XI.FEEDBACK AND IDEAS
If you provide any feedback, comments, ideas, or suggestions to DailyText or the Service (“Feedback”), you agree that DailyText will have the right to use, disclose, reproduce, modify, adapt, make derivative works from and otherwise exploit such Feedback for any purpose, commercial or otherwise, without restriction and without compensating you in any way. You waive any rights you may have in having the Feedback maintained as confidential.
XII. THIRD-PARTY SERVICES, SITES AND CONTENT
The Service may contain links to third-party websites or resources (“Third-Party Services”). Daily Text does not endorse and is not responsible or liable for the content, products, or services on or available from those Third-Party Services, or for the privacy or other practices of those Third-Party Services. In addition, the Service may make certain third-party content, software, and other material available to you (“Third-Party Content”). Daily Text is not responsible for that Third-Party Content, as it is provided “as is” and subject to any applicable Third-Party Terms (defined below). Your use of Third-Party Services and Third-Party Content may be subject to additional terms and conditions (“Third-Party Terms”) of the third-party provider, and you are solely responsible for complying with those Third-Party Terms.
XIII. COPYRIGHT INFRINGEMENT CLAIMS
DailyText respects the intellectual property rights of others. If you believe that your work has been infringed upon through content posted on the Service, please submit a notice of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent (the “Copyright Agent”) with the following information in writing:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DailyText to locate the material;
(d) Information reasonably sufficient to permit DailyText to contact the complaining party, such as an address
XIV. CONTACT US
If you have any questions, comments or concerns about these Terms, or the Service, you can contact us by:
Email: ask@dailytext365.com
Mail:
DailyText, Rekeen Studio
Moldova, Chișinău, Gheorghe Cașu 30A, 16, MD-2025.
We will do our best to respond to your inquiry as soon as possible. Please note that communications via email or mail will not necessarily be secure, so please do not include sensitive information in your communications.