Terms of Use

1. Introduction


Welcome to Dayworks! Your use of Dayworks’s services, including the services Dayworks makes available through its website, the Dayworks mobile application, and any other software or services offered by Dayworks in connection with any of those (the “Services”) is governed by these terms of use (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “Dayworks” refer to Dayworks, Inc., the providers and operators of the Services.

In order to use the Services, you must first agree to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.

You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Dayworks or any of its affiliates regarding future functionality or features.

The services comprise an online platform which facilitates real-time, in-person connections between service professionals (“workers”) and individuals seeking the services of service professionals (“bosses”). you understand and agree that Dayworks is not a party to any agreements entered into between workers and bosses. workers are independent contractors, not employees or agents of Dayworks. Dayworks has no control over the conduct of workers, bosses and other users of the services, and disclaims all liability in this regard.

By using, downloading, installing, or otherwise accessing the services or any materials included in or with the services, you hereby agree to be bound by these terms. if you do not accept these terms, then you may not use, download, install, or otherwise access the services.

 

2. Description of Services


Dayworks provides a mobile platform that allows Workers and Bosses to connect with one another in real-time and in person, with the goal of allowing Bosses to find and retain the services of Workers on an as-needed basis (“Workers” and “Bosses” shall also be referred to hereinafter, collectively, as “Users”). Dayworks’s role in this interaction is solely to facilitate the connection of Workers and Bosses, via the Services. Dayworks is not a contracting agent or representative of any Users. Dayworks has the right, but not the obligation, to monitor any activity and content associated with these Services.

If you are utilizing the Services as a Worker, you agree that you are not an employee or agent of Dayworks, and that nothing in these Terms will be construed as establishing an employment or agency relationship between you and Dayworks. You have no authority to bind Dayworks by contract or otherwise, nor does Dayworks have any authority to commit you to perform any work for other Users. You agree that you are fully and solely responsible for all goods and services that you provide using the Services, for obtaining payment for your goods and services directly from Bosses, and for any and all injuries, illnesses, damages, claims, liabilities and costs that you cause to other Users.

If you are utilizing the Services as a Boss, you acknowledge that you are responsible for selecting the right Worker for your needs. In making hiring decisions, you should review and investigate each Worker’s self-reported credentials and experience, as well as the reviews and ratings submitted by other Bosses. You waive and release Dayworks from any liabilities arising from or related to any act or omission of a Worker in connection with your use of the Services. You further agree that by retaining a Worker through the Services, you may be entering into a binding agreement with such Worker to compensate him or her in exchange for their work. You agree that in such case you are solely responsible for compensating such Worker pursuant to the terms of your agreement with him or her, and that compensation will be provided directly to the Worker, not to Dayworks.

Dayworks is not liable or responsible for any agreements between Users created as the result of using the Services, nor is it liable for potential debts owed to tax bodies arising from payments between Users. Dayworks is not liable for any damages and losses incurred by Users arising from agreements or interactions between Users through use of the Services.

Dayworks does not control the price, availability, or quality of any work performed by workers, and Dayworks does not determine whether any user is qualified to perform any specific task, or whether the information listed by a user on his or her profile is correct.

Dayworks does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. you are solely responsible for your interaction with or reliance on any user or user conduct. Dayworks assumes no responsibility for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any user.

If you ever believe that another user has violated the law or is defrauding, threatening or endangering anyone, Dayworks urges you to report the matter immediately to the police.

 

3. Your Account


In the course of creating Content or using the Services, you may provide Dayworks personally identifiable information, including your name and contact information (“Credentials”). Dayworks handles such information with the utmost attention, care and security. Nonetheless, you, not Dayworks, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other personal information relating to your account changes, you must notify Dayworks promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Dayworks of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Dayworks immediately.

 

4. Content


You acknowledge that you may be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as the “Content.”

You agree that you are solely responsible for (and that Dayworks has no responsibility to you or to any third party for) any Content that you create, transmit, publish or display while using the Services, and for the consequences of your actions (including any loss or damage which Dayworks may suffer) in connection with such Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.

Dayworks may refuse to store, provide, or other maintain your Content for any or no reason. Dayworks may remove your Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If Content is stored using the Services with an expiration date, Dayworks may also delete the Content as of that date. Content that is deleted may be irretrievable. You agree that Dayworks has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up any such Content.

Dayworks reserves the right (but shall have no obligation) to remove any or all Content from the Services. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Dayworks. In the event that you elect not to comply with a request from Dayworks to take down certain Content, Dayworks reserves the right to directly take down such Content.

By submitting, posting or displaying the Content on or through the Services you give Dayworks a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Dayworks to provide the Services.

 

5. Proprietary Rights


You acknowledge and agree that Dayworks (or Dayworks’s licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Except as provided in Section 4, Dayworks acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Dayworks, you agree that you are responsible for protecting and enforcing those rights and that Dayworks has no obligation to do so on your behalf.

 

6. License from Dayworks and Restrictions on Use


Dayworks gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Dayworks as part of the Services. This license is for the sole purpose of allowing you to use the Services 1) as a Worker, to locate individuals who may be in need of your services, or 2) as a Boss, to locate and retain Workers in a real-time manner.

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Dayworks, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

Dayworks may refuse to store, provide, or otherwise maintain your Content for any or no reason. Dayworks may remove your Content from the Services or suspend your account at any time if you violate these Terms or if the Services are canceled or suspended.

You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You may not access the Services in a manner intended to avoid incurring fees.

You may not access the Services for the purpose of bringing an intellectual property infringement claim against Dayworks or for the purpose of creating a product or service competitive with the Services.

You agree that you will not upload, record, publish, post, link to, transmit or distribute Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Dayworks, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for individuals under 18.

 

7. Pricing Terms


The Services are provided to you without charge up to certain limits, and usage in other manners outside of these limits will require purchase of additional resources and the payment of fees.

You may sign up for Dayworks, create a basic profile, search for and post job requests, respond to job requests, and view certain information regarding other Users all for free.

Although searching for, posting, and responding to job requests are free, individuals who use the Services as Bosses and who choose to retain a Worker for a job through the Services will be charged a one-time connection fee at the time the Worker accepts the job. The Worker will not be charged in any way for accepting a job.

Workers may upgrade their basic profile into a “Pro Page” for an additional monthly fee. Among other things, the “Pro Page” provides Workers with a full page listing wherein Workers can (1) include additional information about themselves such as trade licenses, insurance, and specialized skills, (2) highlight favorable reviews and customer comments, and (3) showcase photographs of their previous work. Pro Page subscriptions can be canceled at any time.

Dayworks reserves the right to offer additional paid services to Users in the future.

Refunds of any sort are provided at the sole discretion of Dayworks.

For details as to exact pricing and fees for the Services, please see the “Payments” page located on the main menu of the Dayworks mobile application. This page lists the connection fee associated with hiring a Worker through the Services, and also the fees associated with the “Pro Page” for Workers.

 

8. Privacy Policies


These Services are provided in accordance with our Privacy Policy, which can be viewed on our website at www.dayworks.net. You agree to the use of your Content and personal information in accordance with these Terms and Dayworks’s Privacy Policy.

 

9. Modification and Termination of Services

 

Dayworks is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Dayworks provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

You agree that Dayworks, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Dayworks will not be liable to you or any third party for such termination.

Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability

 

10. Changes to the Terms


These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

 

11. Disclaimer of Warranty


You expressly understand and agree that your use of the services are at your sole risk and that the services are provided “as is” and “as available.”

Dayworks, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. without limiting the generality of the foregoing, Dayworks, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the services will be accurate.

You acknowledge and agree that Dayworks does not have an obligation to conduct criminal background checks on or to interview or screen any user of the services. you are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. you understand that Dayworks does not make any attempt to verify the statements of other users of the services. Dayworks makes no representations or warranties as to the conduct of other users of the services or their interactions with you. you agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services.

Nothing in these terms, including sections 11 and 12, shall exclude or limit Dayworks’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.

 

12. Limitation of Liability


Subject to section 11 above, you expressly understand and agree that Dayworks, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. these limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.

The limitations on Dayworks’s liability to you in this section 11 shall apply whether or not Dayworks has been advised of or should have been aware of the possibility of any such losses arising.

Some states and jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall Dayworks’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount that you have actually paid for the services, or one hundred dollars ($100.00), whichever is greater.

 

13. Indemnification


You agree to hold harmless and indemnify Dayworks, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Dayworks and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

 

14. Third-Party Content


The Services may include hyperlinks to other websites or content or resources or email content. Dayworks may have no control over any web sites or resources which are provided by companies or persons other than Dayworks.

You acknowledge and agree that Dayworks is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

You acknowledge and agree that Dayworks is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources

 

15. Third Party Software


The Services incorporate certain third-party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

 

16. Feedback


You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dayworks under any fiduciary or other obligation and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

 

17. Miscellaneous


These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Dayworks to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Dayworks must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the State of Delaware, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

18. Contact Us


If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@dayworks.net.

When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.