Day Technology
Terms of service
OVERVIEW
Welcome to Day Technology! The terms "we", "us" and "our" refer to Day Technology. Day Technology operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Day Technology is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Day Technology reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Day Technology confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Day Technology may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Day Technology, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Day Technology, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Day Technology.
Day Technology's names, logos, product and service names, designs, and slogans are trademarks of Day Technology or its affiliates or licensors. You must not use such trademarks without the prior written permission of Day Technology. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Day Technology is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Day Technology. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Day Technology, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Day Technology.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Day Technology, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Day Technology, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Day Technology, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Day Technology, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Day Technology is headquartered. You and Day Technology consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@daytechnology.co.uk.
Specific Day Technology Terms
These terms of service (the “Terms of Use”) govern your access to and use of all CRMB Limited (“Day Technology) services (the “Services”), whether sold to you directly by Day Technology or through a Day Technology authorised retail electronic outlet (“a Retail Outlet”). Where the context so permits, the words “we”, “our” and “us” refer to Day Technology including its successors and assigns. Please read these Terms of Use carefully before using the Services. Please note that in these Terms of Use, a reference to our providing you with “notice” shall mean a message sent to your registered email address unless otherwise stated.
1. By using the Services, you agree to be bound by these Terms of Use in their entirety for the period of time agreed between the parties, encompassing both the initial billing period agreed at sign-up and such further periods as are renewed automatically (each a “Fixed Contract Period”) in accordance with these Terms of Use.
2. If you are using the Services on behalf of an organisation, then you are agreeing to these Terms of Use for that organisation and confirm that you have the authority to bind that organisation to these Terms of Use. In that case “you” and “your” will refer to that organisation.
3. Use of and Changes to the Services:
a.
You may use the Services only in compliance with these Terms of Use.
b.
You may use the Services only if you have the power to form a contract with Day Technology and are not barred under any applicable laws from doing so.
c.
The Services may continue to change over time as we refine and add more features, and we may modify any content from the Services from time to time.
d.
In the event of a material change as set out in clause 3(c), we will provide any user of that aspect of the Services with at least 30 days’ notice prior to taking such action, save where the changes to the Services are the result of (i) minor technical adjustments which can be of no real significance to your use of the Services; (ii) changes required by law; (iii) changes required by necessity (e.g. to ensure the integrity or security of the Services or your data) or (iv) enhancements to the Services to reflect advancements in technology for your benefit, in which case we may not be able to provide you with 30-days prior notice and instead notice may be provided to you after the date of the material change.
e.
Day Technology shall not increase the price of the Services during the fixed term of this Agreement.
f.
The notice referenced in clause 3(d) shall set out the scope of the change and enable you to understand the impact of this change on the delivery of the Services.
g.
If you do not agree to the material change made to the Services described in 3(d) above, you may terminate your use of the Services within 30 days of receiving the notice, and should you decide to terminate, you shall be entitled to a refund of fees paid for the unexpired portion of the Fixed Contract Period (please refer to clause 19).
h.
It is our intention that any such modification as set out in clause 3(c) would not materially reduce the functionality of the Services, however in the exceptional cases where the functionality is materially affected by the modification, we will phase out the modification over a period of 12 months, ensuring that the Service to you remains unaffected for the duration of your Fixed Contract Period, and shall provide you with a clause 3(d) notice prior to your next renewal date to explain the modification to the Services.
Activation, Your Files and Privacy
4. By using our Services you provide us with information, files, and folders that you submit to Day Technology (together, “your files”). You retain full ownership to your files. We don’t claim any ownership of any of your files. These Terms of Use do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
5. The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.
6. By using our Services you agree to us hosting your files and sharing your files with third parties nominated by you. In addition, as part of the Services we will process information in your files in order make back up files and to display your files to you in a manner that will assist you in using the Service, including image thumbnails or document previews. We may share your information with selected third parties, including sub-contractors who may perform some or all of the Services on our behalf. Subject to these exceptions, we will not share your files with any third party without first obtaining your consent, except in accordance with the Day Technology Privacy Policy, or as required by applicable law.
7. Aside from the disclosures set out in the Day Technology Privacy Policy, we will not share your content with others, for any purpose unless you direct us to. How we collect and use your information generally is also explained in the Day Technology Privacy Policy.
8. You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use.
9. We may choose to review public content for compliance with our community guidelines, but you acknowledge that Day Technology has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing
10. The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Day Technology has no responsibility for that activity.
Modifications
11. We may revise these Terms of Use from time to time, and you shall be provided with at least 30 days’ notice of such revisions, while the most current version will always be posted on the Day Technology website. By continuing to access or use the Services after revisions become effective, you agree to be bound by Terms of Use then prevailing. If you do not agree to the revised Terms of Use, you may terminate your use of the Services within 30 days of receiving the notice, and should you decide to terminate, you shall be entitled to a refund of fees paid for the unexpired portion of the Fixed Contract Period (please refer to clause 19).
Software and Updates
12. Some of our Services require you to download a client software package (“Software”). Day Technology hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms of Use in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms of Use. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms of Use.
Account Security
13. You are responsible for safeguarding the password that you use on your Day Technology account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify Day Technology of any unauthorised use of your Account.
Your General Responsibilities
14. Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. Day Technology reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not Day Technology, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
15. You, and not Day Technology are responsible for maintaining and protecting all of your files and understand that unless clearly stated otherwise, Day Technology is providing you with a backup service and will not be liable for any loss or corruption to the files that you backup arising from your actions. There are no additional costs and expenses for restores using the Day Technology system, however should you request a custom restore outside of the Day Technology system, any additional costs and expenses will be explained to you prior to the custom restore, and you will be responsible for the discharge of same.
16. If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
17. Nothing in these Terms of Use will affect your statutory rights. While we limit liability in clause 18, we do not in any way exclude or limit our liability for the following:
a.
death or personal injury caused by our negligence;
b.
fraud or fraudulent misrepresentation;
c.
any breach of your statutory rights under the Consumer Rights Act 2015; and
d.
defective products under the Consumer Protection Act 1987, as may be amended from time to time.
18. If we fail to comply with these Terms of Use, we (and not any Retail Outlet) are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. The Service is intended for private and non-commercial use, and any other use that you put this product to is affected at your own risk, and we (and any Retail Outlet) have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Day Technology aggregate liability to you, save as set out in clause 17, shall be limited to the greater of £50 or the amounts paid by you to Day Technology(or the Retail Outlet) for the past three months.
Termination
19. You can terminate your Services whenever you choose by contacting us on support@daytechnology.co.uk at least one week prior to the end of your Fixed Contract Period. If you are a consumer within your free trial period or the first 14 days of any renewal period, please see Section 27 for additional termination rights. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you, unless your decision to stop using our Services follows a change in:
a. the content of the Services as set out in clause 3;
b. the Terms of Use as set out in clause 11; or
c. the Fees as set out in clause 30;
in which cases your fees shall be refunded pro-rata for the unexpired portion of your Fixed Contract Period.
20. We reserve the right at our discretion to not permit you to renew your use of the Services by providing you with at least 4 weeks’ notice prior to the end of the Fixed Contract Period.
21. In the event of a material breach by you of these Terms of Use (as set out below) or as required by law or requirements set down by government agencies, we retain the right to suspend or terminate the provision of these Services to you, with 10 days notice to you, and where possible provide you with an opportunity to remediate the situation within this 10 day period. Where remediation is not possible or is not effected by you, then at the end of this notice period, we shall terminate for material breach of these Terms of Use, and no refund of any fees paid will be offered. It shall constitute a material breach of these Terms of Use if we have a reasonable belief that you:
a. use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
b. use the Services in such a manner that has the effect of disrupting others’ use of the Services;
c. repeatedly or flagrantly violate any of these Terms of Use;
d. act in conflict with a court order, or our providing the Services to you is in breach of a court order;
e. represent a danger to the best interests of other customers or third-parties;
f. exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
g. fail to disclose the number of devices on which you are running Day Technology Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise;
h. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
i. are found to have used the Services to store, backup or distribute material protected by intellectual property rights (including copyright) of a third-party unless you own or have appropriate rights to such material;
j. engage in activity that damages or is likely to damage our tangible or intangible assets; or
k. otherwise act in breach of the terms of our Acceptable Use Policy.
22. If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to retrieve your files at no additional fee.
Jurisdiction
23. These Terms of Use and the use of the Services and Software will be governed by the laws of England and Wales (subject to you establishing a right to bring a claim under the governing law of another jurisdiction). You can bring claims arising out of or relating to these Terms of Use or the Services or Software to
a. the European Commission Online Dispute Resolution platform for online resolution; or
b. the English courts, or if you live in Northern Ireland or Scotland, the Northern Irish or Scottish respectively. If you do not live in these jurisdictions, then depending on your homeplace, you may also be entitled to bring a claim in your home court.
24. These Terms of Use constitute the entire and exclusive agreement between you and Day Technology with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms of Use create no third-party beneficiary rights. Day Technology failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Use, and any such attempt is void, but Day Technology may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Day Technology and you are not legal partners or agents; instead, our relationship is that of independent contractors.
25.
Free Trial Period and Statutory Cancellation Right
25. Services provided on a free trial basis (duration of at least 14 days, to be confirmed to you at sign-up), and payment will be taken for the first Fixed Contract Period when the applicable free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).
26. The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the applicable free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
27. If you wish to invoke your statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your contract during the free trial period or for 14 days after each renewal date, you may do so by contacting Day Technology at support@daytechnology.co.uk
28. If you do not cancel your contract prior to the end of the free trial period or during the 14 days cancellation periods as set out in clause 27, the fees for the first Fixed Contract Period will become due.
Fees
29. All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.
30. The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services as provided for in clause 3. The current Pricing Structure will always be posted on our website and where a significant change (meaning a change that would lead to you paying more for the Services) is made to the Pricing Structure, we will provide you with notice at least 30 days prior to that new Pricing Structure being applied to the Services we provide you. By continuing to access or use the Services after receiving such notice, you agree to be bound by the revised Pricing Structure as and from the start of the next Fixed Contract Period. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services.
31. In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right to charge you for the additional disc space required or to migrate you to a higher Usage Limit (collectively a “Migration”) prior to the end of the Fixed Contract Period, consistent with your increased actual usage. We are not obliged to contact you prior to a Migration; however such Migration is likely to incur additional fees for you under the Pricing Structure and we will provide you with notice of these additional fees following your usage increase. If you do not agree to the Migration decision and do not wish to pay the additional fees, you must then notify us that you want to revert to the previous Usage Limit and take the required steps to effect this change, i.e. a reduction in your usage. Please note that if your actual usage is such that you exceed the highest available Usage Limit available at that time, then it is possible that no such Migration is possible, and we reserve the right to terminate the Services without notice to you in accordance with clause 21(f) of these Terms of Use.
32. All fees for our Services are due in advance and your contract will automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. Day Technology shall provide you with notice of the renewal at least 30 days prior to the expiry of the Fixed Contract Period. If you choose to pay by credit or debit card then you authorise Day Technology to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, Day Technology reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT DAY TECHNOLOGY IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with Day Technology you must do so by email to support@daytechnology.co.uk at least one week before the expiry of the Fixed Contract Period.
33. All fees paid to us are non-refundable except in circumstances set out in these Terms of Use.
34. You acknowledge that in the event that you chose to issue a chargeback via your bank in relation to any fees charged by us, there is a risk that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms of Use.
Intellectual Property
35. Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
36. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms of Use do not grant you any rights to use the Day Technology trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of Day Technology Cloud Backup
37. Some Services, including Day Backup and Day Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.
38. An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, Day Technology reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
39. With the exception of our business service, Services that include Day Technology Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.
40. You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Day Technology will remove backups for computers that have not connected to the service for 30 days.
41. If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
Acceptable Use
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things:
1. Probe, scan, or test the vulnerability of any system or network;
2. Breach or otherwise circumvent any security or authentication measures;
3. Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, Day Technology (or our service providers’) computer systems;
4. Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
5. Plant malware or otherwise use the Services to distribute malware;
6. Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
8. Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or Services other than your own without appropriate authorisation;
9. Impersonate or misrepresent your affiliation with any person or entity;
10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
11. Violate the law in any way, or violate the privacy of others, or defame others.
Copyright Policy
Day Technology will respond expeditiously to claims of copyright infringement committed using the Day Technology service and/or the Day Technology website (the “Site”) if such claims are reported to Day Technology in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following Notice of Alleged Infringement and delivering it by postal mail to the address below.
Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Day Technology/CRMB Ltd.
The Quadrant Centre
Limes Rd
Weybridge, KT13 8DH
United Kingdom
Day Technology will investigate the complaint and, where an infringement of copyright is identified, Day Technology shall take all necessary steps to resolve the disputed use of copyrighted materials, including where appropriate, terminating the delivery of the Services to the subject of the complaint.
Data Protection
If you are a consumer:
Day Technology, as provider of the Services, is the controller in respect of personal data that it processes in the provision of the Services for the purposes of the General Data Protection Regulation (EU) 2016/679, or any applicable national implementing laws, regulations and secondary legislation implementing the requirements of such regulation (the “GDPR”) and any equivalent applicable laws or regulations in the UK. As controller, Day Technology processes personal data in accordance with these terms and conditions and with our Privacy Policy. We may update our Privacy Policy from time to time and you are encouraged to regularly review this.
If you are a Business customer:
For the purposes of the GDPR, Day Technology is a processor and you are the controller in relation to personal data contained in your files it processes in the provision of the Services. You retain control over the content of your files that are the subject of the Services, and as such the types of personal data that are subject to processing cannot be categorised by Day Technology in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to you, or your own clients, customers, suppliers, employees, other personnel and/or other data subjects.
You may notify Day Technology of the categories of data subjects or types of personal data to be incorporated into these Terms of Use by using the contact details set out in the Privacy Policy. As processor, Day Technology shall, in relation to personal data contained in your files and processed by it in the performance of the Services under this Agreement:
(a) process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point Day Technology becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), Day Technology shall promptly:
(i) notify you of such inability, to the extent permitted by applicable law; and
(ii) cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which Day Technology is able to comply.
(b) (i) ensure such personal data are kept confidential; (ii) take reasonable steps to ensure the reliability and trustworthiness of Day Technology personnel and any sub processors, and (iii) take reasonable steps to ensure that all relevant Day Technology personnel, and any relevant sub processors, have committed themselves to ensuring the confidentiality of all personal data that they process;
(c) ensure that, in each instance in which Day Technology engages a new sub processor, it shall notify you and: (i) allow you a reasonable opportunity to object to the appointment of that sub processor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed sub processor); and (ii) enter into a binding written agreement with the sub processor that imposes on the sub processor the same obligations that apply to Day Technology under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorise Day Technology to engage sub-processors in relation to the Services.
(d) at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
(e) at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;
(f) delete (or, upon your request at or prior to termination, return) your files processed in the performance of the Services in Day Technology possession within [15 days after the termination or expiry of this Agreement, unless the applicable law of the European Union or an EU Member State requires otherwise;
(g) at your request and sole expense (including Day Technology reasonable costs and expenses): (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that Day Technology is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees in relation to compliance with these data processing terms, provided that such audit shall be during regular business hours, with reasonable advance notice to Day Technology and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit Day Technology more than once annually and Day Technology reserves the right to charge a fee for its reasonable costs associated with any such audit;
(h) notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of such personal data; and
(i) apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.