TERMS OF SERVICE

LAST UPDATED: Sep 2, 2016

By using GoodDay Work online software, services and websites ("the Service”), provided by Createch, Inc. (DBA GoodDay), you agree to be bound by the following Terms of Service ("Terms"), and our Privacy Policy and they shall be enforceable in the same way as if you had signed this Terms document. These Terms govern your use of the software, services and websites provided by GoodDay. Our Privacy Policy explains the way we collect and use your information. If you’re using our Service on behalf of an business entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms and in that case, “you” and “your” refers to that Organization. These Terms may be updated by GoodDay at any time and without notice. The most current version of the Terms is available at: www.goodday.work/tos.

Your GoodDay Account

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify GoodDay of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each usage session. GoodDay will not be liable for any loss or damage arising from your failure to comply with the Terms, including this section.

Your registration data and certain other information about you is subject to our Privacy Policy which is incorporated by reference herein. For more information, see our full Privacy Policy at www.goodday.work/privacy. You understand that through your use of the Service you agree to the collection and use of this information, as set out in the Privacy Policy.

In consideration of your use of the Service, you represent and warrant that your use of the Service does not violate any applicable law or regulation. You agree to provide true, accurate, current and complete information about yourself as required by the Service's registration form and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoodDay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoodDay has the right to suspend or terminate your account.

Your Content and Data

The Service allows you to create users, projects, tasks, events and other associated information, data, and communications, upload files and use materials (collectively referred to as the “Content”) and to share this Content with others. All Content is the sole responsibility of the person from whom such Content originated and remains under that person’s ownership. This means that you, and not GoodDay, are responsible for all Content that you make available via the Service. GoodDay does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorized by you). GoodDay does not guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you may consider undesirable or illegal in your jurisdiction. Under no circumstances will GoodDay be liable for any Content, including, but not limited to, any errors or omissions in it, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.

You acknowledge and agree that GoodDay may access, store and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with any applicable legal process. We claim no intellectual property rights over the data and material you provide to the Service.

Your Obligations

  • You must provide accurate information when you create your GoodDay account.
  • You are responsible for safeguarding the password and for all activities that occur under your account. You should notify GoodDay immediately if you become aware of any breach of security or unauthorized use of your account.
  • You may never use another user’s account without permission.
  • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
  • You may not use GoodDay to make available any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise undesirable; upload or transmit images that include nudity, weapons, drugs or violence.
  • You are solely responsible for your interactions with other users. GoodDay reserves the right to monitor disputes between you and other users, but has no obligation to perform such duties.

Administrator Access

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as the employer domain email address), you hereby grant that 3rd party and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that that 3rd party may restrict or terminate your access to your account if it is associated with the email address that includes their domain. You acknowledge that an 3rd party may elect to utilize other third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an 3rd party’s domain, you are granting permission to have such Content shared with such third party application(s).

Third Party Applications and Security

If you choose to use any third party application in connection with using GoodDay, you are agreeing to your Content being shared with that third party application. Review their applicable privacy policy to understand how such third party application provider uses or may use your Content.

We will use industry standard technical security measures in connection with storing, processing and transfer of your Content that are designed to protect that Content against unauthorized or unlawful access to such Content.

Billing

You do not have to purchase any of the paid Services, and if you choose to purchase any of the paid Service packages, you may elect to provide a credit card or other payment mechanism preferred by you. GoodDay may charge to your credit card or other payment method selected by you and approved by GoodDay and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with your use of GoodDay. if there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card specified during the registration process for the Services, or subsequently provided to GoodDay, unless you terminate your subscription before the payment period begins. All payments authorized by you for your account are final and there will be no refunds issued regardless of whether you use the Service or do not use the Service.

Prices of the Service are subject to change at any time and GoodDay will do its best wherever possible to provide customers with the advance notice. Such notice may be provided at any time by posting the changes to the goodday.work website.

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility. You agree that in the event GoodDay is unable to collect the fees owed to GoodDay for the Services through your Account, GoodDay may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by GoodDay in connection with such collection activity, including collection fees and legal costs. You further agree that GoodDay may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

Changing Your Subscription

If you upgrade from one service plan to a higher priced plan, GoodDay will charge you in the following manner:

your first monthly payment will be the difference between the higher priced plan and your current plan price, and your regularly scheduled monthly payment date will remain the same as your initial purchase date;

the subsequent monthly payments will be due at the chosen higher-priced plan.

Users that want to move from a higher priced plan to a lower priced plan must let the current plan level expire and then repurchase at the desired plan level or use the free plan.

Cancellation of Account

You are the only party that is responsible for properly canceling your account by contacting GoodDay via email or phone. An email or a phone request to cancel your account is not considered cancellation without the email confirmation received from GoodDay. All of your content will be immediately inaccessible upon cancellation. Within 30 days, all this content will be permanently deleted from backups.

Termination

We may terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may result in financial or legal liability for GoodDay and its stakeholders. You are free to stop using GoodDay Service at any time. GoodDay reserves the right to suspend or end the Service at any time at our discretion and without notice. Such termination of the Service will result in the deactivation or deletion of your Account and/or your access to your Account, and the forfeiture and relinquishment of all content in your account.

Intellectual Property Rights & Modifications

The Service constitutes GoodDay’s intellectual property and will remain the exclusive property of GoodDay. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any other commercial purposes any portion of the Service, or access to the Service unless you otherwise have an agreement with GoodDay which grants you such rights.

The Service may be modified from time to time, at times without prior notice to users. Your use of the Service confirms your acceptance of such occasional modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to stop using the Service.

Marketing

You agree to be identified as a customer of GoodDay and you agree that we may refer to you by name, trade name or trademark, and may briefly describe your business in our marketing materials and on the website(s). You hereby grant GoodDay a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to GoodDay per this marketing section.

Third Party Websites and Resources

The Service may provide links to other websites or resources and, because GoodDay has no control over those sites and resources, you agree that GoodDay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, products or any other materials on or available from such websites or resources or any loss resulting from your access or use of such websites, resources, or products and services available or obtained from them. You expressly understand and agree that GoodDay shall not be liable for any damages or any loss resulting from your use of GoodDay API or third-party products that access data via the API.

Indemnification

You agree to defend, indemnify and hold harmless GoodDay and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

No Warranty

The service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GoodDay is not responsible for any third party content that you download or otherwise obtain through the use of the service or for any damage or loss of data that may result from such activity. We do not warrant, endorse, guarantee, or assume responsibility for any third party application or service that provides access to our service. A possibility exists that our website or content may include inaccuracies or errors. A possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via email to support@goodday.work with a description of the material to be checked and the location (URL) where such material can be found on our website.

Limitation of Liability

o the maximum extent permitted by law, in no event shall GoodDay, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not GoodDay has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. Gooday’s aggregate liability for all claims related to the service shall not exceed the greater of $100 or the amounts paid by you to GoodDay in connection with your use of the service during the twelve (12) month period prior to the claim giving rise to such liability.

The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

In connection with providing you the Service GoodDay may transfer, store and process your Content in the U.S. or in any other country in which GoodDay or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Dispute Resolution

You agree that prior to filing any claim against GoodDay relating to or arising out of these Terms you will first contact us at info@goodday.work to provide us with an opportunity to put forth effort to resolve the issue in an informal manner. If the dispute is not resolved in an informal manner to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).

The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Arbitration will be held in the United States county where you live or work, or in any other location we agree to. The AAA rules will govern payment of all arbitration fees.

Either you or GoodDay may assert a claim, if it qualifies, in small claims court in any United States county where you live or work. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process.

All claims must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

In the event that the agreement to arbitrate is found not to apply to your claim, then you and GoodDay agree that any judicial proceedings will be brought in the federal or state courts in Los Angeles, CA and both parties consent to venue and personal jurisdiction there.

Governing Law

These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Entire Agreement, Severability, Assignment

These Terms constitute the entire agreement between you and GoodDay concerning the Service and replace any prior agreements, terms or conditions applicable to your use of the Service.

If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. GoodDay’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do this later.

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email.

For questions about these terms, email us at info@goodday.work.