Online Terms of Service

Last Updated: 1/16/2024

These Terms of Service (“Terms”) apply to your access to and use of (a) the website located at www.dayos.com and www.dayos.ai and all associated web pages, websites and corresponding social media pages, (b) any web pages, websites, corresponding social media pages, materials, or other documents (including all content therein) that directly reference these Terms, (c) the Community (as defined below), and (d) the Dayos APIs (as defined below) ((a)-(d) collectively, the “Sites”) provided by Dayos, Inc., its subsidiaries and affiliates (each “Dayos”, “we”, “us” or “our”).

By checking a box agreeing to these Terms or by using our Sites, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use our Sites.

We may supply different or additional terms, conditions, guidelines, policies, or rules in relation to some of our Sites or Dayos products or services made available on or through our Sites (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Sites and are hereby incorporated herein, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. The Supplemental Terms include our:

The Supplemental Terms include our:

Privacy Policy: Detailing how we collect, use, and safeguard your information.
Acceptable Use Policy: Outlining the permitted and prohibited uses of our services.
Service Level Agreements (SLAs): Defining the performance metrics and commitments associated with our services.
Payment Terms: Specifying billing practices, payment schedules, and applicable fees.

Additional Product-Specific Terms: Providing details on specific features, functionalities, or limitations relevant to individual offerings.

We may also make changes to these Terms from time to time. The “Last Updated” legend above indicates when these Terms were last changed. If we make future changes, the updating of the date at the top of these Terms will serve as notice to you of the changes. It is your responsibility to check these Terms periodically for changes. Unless we say otherwise, the amended Terms will be effective immediately, and your continued use of our Sites will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites.

1. Eligibility

You must be at least sixteen (16) years old to use our Sites. If you use our Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in relation to our Sites.

2. Prohibited Conduct and Content

In connection with using our Sites, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Sites. This includes, but is not limited to, you agreeing you will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account or information, share your log-in information, or otherwise allow any other person or entity to use your account, without authorization from that user and Dayos;
Impersonate or post on behalf of any person or entity you are not authorized to represent, or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Sites except where expressly permitted;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Sites, except as expressly permitted by us or our licensors;
Modify our Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Sites;
Use our Sites other than for their intended purpose;
Use our Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Sites or the Dayos Service or that could damage, disable, overburden or impair the functioning of our Sites or the Dayos Service in any manner;
Use our Sites in any manner that, in our sole discretion, circumvents the ordinary use or operation of the Dayos Service or Dayos APIs or disrupts our pricing structure or ability to provide products, services or support to our customers;
Reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Sites;
Develop or use any applications that interact with our Sites without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Link to any online portion of the Sites in a manner that damages or exploits our reputation or suggests any form of association, approval, or endorsement by us;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

3. Ownership; Limited License

The Sites, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Dayos or our licensors and are protected under both domestic and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites for your evaluation of our products and services or use of our products and services under your agreement with Dayos. Any use of the Sites other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

If you are a journalist, you may reach out to hello@dayos.com for images from websites in professional publications to highlight Dayos, its products and/or services.

4. Trademarks

Dayos and our logos, our product or service names, our slogans and the look and feel of the Sites are trademarks of Dayos and may not be copied, imitated or used, in whole or in part, except with express permission and in accordance with our Trademark Usage Guidelines. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

5. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Sites infringes any copyright that you own or control, you may notify Dayos’s designated agent in accordance with our Notice and Takedown Policy.

6. Accounts

You must provide accurate account information and promptly update this information if it changes, and you hereby agree to receive emails, SMS messages, and other types of communication from Dayos using the email address or other contact information that you provide in connection with your account. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not share your account information or credential with any other person or entity, and may not permit any other person or entity to use your account information or credentials. You are solely responsible for all activity performed under your account. We reserve the right to reject, require that you change or reclaim usernames, including trademark rights, in those usernames. You agree that in the event of your death, incapacity or unavailability, we may terminate any rights to your account or User Content (as defined herein), as applicable.

7. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Dayos or our Sites (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or to improve or develop new products, services, or the Sites in Dayos’ sole discretion. Dayos will exclusively own all improvements to, or new, Dayos products, services, or Sites based on any Feedback. You understand that Dayos may treat Feedback as nonconfidential.

8. Third-Party Content

We may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We may provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Dayos does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and may be subject to additional terms, conditions, guidelines, policies, or rule (including terms of service or privacy policies of the providers of such Third-Party Content).

9. Credentialing

In Dayos’ sole discretion, you may be offered credentials in the form of a digital badge and/or electronic certificate(s) in connection with your use of the Sites. You acknowledge and agree that the provision of such credentials does not constitute any contractual relationship or guarantee between the parties, including but not limited to an offer of employment by Dayos or any other third party. Your use of any such credentials shall comply with the terms provided with such credential.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Dayos and our subsidiaries and affiliates, and each of our and their respective officers, directors, agents, partners and employees (individually and collectively, the “Dayos Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Sites or any content you provide thereon or therein; (b) sharing your login credentials for the Sites without Dayos’ authorization; (c) your Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (f) your conduct in connection with the Sites. You agree to promptly notify the Dayos Parties of any Claims, cooperate with the Dayos Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Dayos Parties will have control of the defense or settlement, at Dayos' sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Dayos Parties.

11. Disclaimers

YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SITES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OUR SITES CONTAIN LINKS TO THIRD PARTY PRODUCTS AND SERVICES. YOUR NAVIGATION TO AND USE OF SUCH THIRD PARTY PRODUCTS AND SERVICES IS SOLELY GOVERNED BY YOUR AGREEMENT WITH SUCH THIRD PARTY. Dayos DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND SERVICES, INCLUDING THOSE THIRD PARTY PRODUCTS AND SERVICES THAT ARE RECOMMENDED OR CERTIFIED BY Dayos AND THOSE THIRD PARTY PRODUCTS AND SERVICES THAT ARE DESIGNED TO INTEROPERATE WITH Dayos OFFERINGS. Dayos DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND ANY CONTENT THEREIN, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, Dayos DOES NOT REPRESENT OR WARRANT THAT OUR SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR ERROR-FREE OR THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES.

12. Limitation of Liability

(a) To the fullest extent permitted by applicable law, the Dayos Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Dayos or the other Dayos Parties have been advised of the possibility of such damages.

(b) The total liability of the Dayos Parties for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to $100.

(c) The limitations set forth in this Section 12 (Limitation of Liability) will not limit or exclude liability of the Dayos Parties for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions of section 12(a) may not apply to you.

13. Release

To the fullest extent permitted by applicable law, you forever release and discharge Dayos and the other Dayos Parties from any and all responsibility, liability, claims, demands, causes of action, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Processing Data

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement. Our Privacy Statement does not constitute Supplemental Terms.

15. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules, as well as please see our Privacy Statement. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

16. Governing Law; Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND Dayos TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND Dayos FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND Dayos AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. Dayos AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

IF YOU ARE A CONSUMER (AS DEFINED BELOW), FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

(a) Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Dayos, that Dayos has against you or that you have, or Dayos has, in each case relating in any way to these Terms or the Sites, or any aspect of the relationship between you and Dayos as relates to these Terms or the Sites (collectively, “Claims” and each a “Claim”), you and Dayos agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Dayos, you will first contact Dayos by sending a written notice of your Claim (“Claimant Notice”) to Dayos, attention of the General Counsel, by certified mail addressed to the appropriate address identified below with a copy sent by email to legal@Dayos.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If Dayos asserts a Claim against you, Dayos will first contact you by sending a written notice of Dayos’s Claim (“Dayos Notice”) to you via email to the primary email address associated with your Account. The Dayos Notice must (i) include the name of a Dayos contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and Dayos cannot reach an agreement to resolve the Claim within thirty (30) days after you or Dayos receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Dayos first send a Claimant Notice or a Dayos Notice, so that the parties can engage in this informal dispute-resolution process.

Dayos Mailing addresses for Claimant Notice

For users accessing the Sites from the United States:

400 Concar Drive

San Mateo, CA

94402, USA

For users accessing the Sites from outside the United States:

15 Beach Road,

2nd Floor

Singapore, 189677

(b) Claims Subject to Binding Arbitration; Exceptions. Except for (i) small claims disputes in which you or Dayos seek to bring an individual action in small claims court located in the county of your billing address or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Dayos, including any disputes in which you or Dayos seek injunctive or other equitable relief for the alleged unlawful use of your or Dayos’s intellectual property or other infringement of your or Dayos’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 14(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(c) Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(d) Arbitration Procedure (Consumers and Businesses). All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA. Such rules differ if you are a consumer or a business as further described below:

● If you are an individual using the Sites for your personal or household use, you are a “Consumer”, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Dayos:

1. YOU AND Dayos AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND Dayos ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Dayos or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

2. For any arbitration you initiate, you will pay the consumer filing fee, and Dayos will pay the remaining AAA fees and costs. For any arbitration initiated by Dayos, Dayos will pay all AAA fees and costs.

3. For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.

4. If you or Dayos submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Dayos agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Dayos agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

5. In addition, the provisions of Federal Rule of Civil Procedure shall apply and be enforced by the arbitrator.

6. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

7. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Dayos or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Dayos understand and agree that, when twenty-five (25) or more similar claims are asserted against Dayos or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Dayos’s Claim might be delayed. For such coordinated actions, you and Dayos also agree to the following coordinated bellwether process:

● Counsel for the claimants and counsel for Dayos shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings.

● A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

● This bellweather process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.

● The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellweather process from the time the first cases are selected for a bellwether process until the time your or Dayos’s case is selected for a bellwether process, withdrawn, or otherwise resolved.

● A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Dayos or you.

● If you are NOT a “Consumer” (as defined above), you are a “Business” and the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Dayos:

2. Any in-person appearances will be held in Alameda County, California, U.S.A.

3. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

4. You and Dayos agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Dayos agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

5. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.

6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Dayos or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Dayos understand and agree that, when twenty-five (25) or more similar claims are asserted against Dayos or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Dayos’s Claim might be delayed. For such coordinated actions, you and Dayos also agree to the following coordinated bellwether process:

● Counsel for the claimants and counsel for Dayos shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings . The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings.

● A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

● A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Dayos or you.

(e) One Year to Assert Claims. To the extent permitted by law, any Claim or dispute by you or Dayos arising out of or related to these Terms or the Sites, or any aspect of the relationship between you and Dayos as relates to your use of the Sites, in each case other than IP Claims, must be filed within one year after such Claim or dispute arose; otherwise, the claim is permanently barred, which means that you and Dayos will not have the right to assert the claim.

(f) Opting Out of Arbitration (Consumers Only). You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us notice of your opt-out via email at legal@Dayos.com. In order to be effective, the opt-out notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.

(g) Rejection of Future Arbitration Changes. You may reject any change we make to Section 14 (except address changes) by personally signing and sending us notice within 30 days of the change via email at legal@Dayos.com. If you do, the most recent version of Section 14 before the change you rejected will apply.

(h) Severability. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

17. Governing Law

Any dispute arising from these Terms and your use of the Sites will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in Alameda County, California, will have exclusive jurisdiction. You and Dayos waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you (but only to the extent that local law conflicts with this section).

18. Modifying and Terminating Our Sites

Unless otherwise stated, we reserve the right to modify our Sites or to suspend or stop providing all or portions of our Sites at any time or to charge, modify or waive any fees required to use the Sites. You also have the right to stop using our Sites at any time. We are not responsible for any loss or harm related to your inability to access or use our Sites.

19. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. Export Control

You are responsible for complying with the export laws and regulations of the United States and other applicable jurisdictions. Without limiting the generality of the foregoing, you represent, warrant, and covenant that you are not: (1) located in, or a resident or a national of, any country subject to a U.S. government embargo; (2) listed on any U.S. government list of prohibited or restricted parties; or (3) engaged in activities directly or indirectly related to proliferation of weapons of mass destruction.

21. Miscellaneous

(a) The failure of Dayos to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms (including any Supplemental Terms) reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically..

(b) If you have a question or complaint regarding the Sites, please contact us. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:

California Consumer Rights Notice

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:

If you have a question or complaint regarding the Sites or Services, please contact us at:
- Email: legal@dayos.com
- Mailing Address: Dayos, Inc. 400 Concar Drive, San Mateo, CA 94402, USA
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
- Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
- Or by telephone at: (800) 952-5210

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