Terms of service

1. Who we are

Dayworks is run by Gregory Thomas Kemp, trading as Dayworks, a sole trader (egyéni vállalkozó) registered in Hungary (registration number 58887712, VAT number 48989473-1-42), of Szondi utca 44. B ép. 2. em. 3., 1063 Budapest, Hungary. In these terms, “we” and “us” mean Dayworks, and you can reach us at support@getdayworks.com.

2. Who these terms are with

Dayworks is a service for businesses. These terms are between us and the company that sets up a Dayworks account (“the customer”), and they also apply to each person who uses Dayworks on the customer's behalf. Whoever creates a company account confirms they are allowed to agree to these terms for it.

Our data processing agreement forms part of these terms, and covers how we handle the personal information in the customer's records. Our privacy notice explains how we handle the information we are responsible for ourselves.

3. Accounts

• Give accurate details, and keep them up to date.
• Keep your password to yourself, and tell us if you think someone else has used your account.
• The customer decides who it invites, and what each person can do. It is responsible for what they do in its account.

4. Your records

The records the customer keeps in Dayworks belong to the customer. We use them only to provide Dayworks to the customer, as the data processing agreement sets out. The customer gives us permission to store, process and send them for that purpose and no other.

Dayworks is a tool for keeping records. It doesn't give notices under the customer's contracts, check that work is safe, or replace anyone's professional judgement. Those stay with the customer and its people.

5. Using Dayworks properly

You agree not to:

• use Dayworks for anything unlawful, or to store anything you have no right to store;
• try to get into accounts, data or parts of the service you aren't allowed to;
• disrupt the service, overload it, or upload anything harmful, such as malware;
• copy, resell or reverse-engineer the service, except where the law allows it.

We may suspend an account that breaks these rules, or that puts the service or other customers at risk. Where we can, we will tell the customer first and give it a chance to put things right.

6. Early access and fees

Dayworks is in early access. While it is, using it is free, and features may change as we improve it. Before we charge for anything, we will tell the customer the price at least 30 days in advance, and nothing will be charged unless the customer agrees to pay.

7. Keeping the service running

We work to keep Dayworks available and the records in it safe, but we can't promise it will never be interrupted, for example for maintenance or because of a problem with one of our providers. We will tell customers about planned downtime where we can.

8. Ending

The customer can stop using Dayworks and close its account at any time, by writing to support@getdayworks.com. We can end these terms with 30 days' written notice, or straight away if the customer seriously breaks them.

When an account closes, the customer's records can still be exported for 90 days. After that we delete them, as the data processing agreement describes.

9. Liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't allow to be limited.

Apart from that:

• We aren't liable for indirect or consequential loss, or for loss of profit, revenue, business or contracts, however it arises.
• Our total liability to a customer, for everything arising from these terms in any 12 months, is limited to the greater of £100 and the fees the customer paid us in the 12 months before the claim.

10. Ownership

We own Dayworks itself: the software, its design and its name. The customer owns its records. Neither of these terms gives either side the other's.

11. Changes to these terms

When these terms change, the date at the top changes too. If a change matters, we will tell account holders at least 30 days before it applies, by email or in Dayworks, and ask them to agree to the new version.

12. The law that applies

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute about them. We would always rather sort a problem out by talking first, so please write to us.