Website and Daizy App
PLEASE READ THE FOLLOWING WEBSITE AND DAIZY APP TERMS OF USE (TERMS).
THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE AND THE DAIZY APP AND THEIR CONTENT. BY ACCESSING THIS WEBSITE AND/OR THE DAIZY APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ACCEPT THEM IN FULL. THEY MAY BE MODIFIED FROM TIME TO TIME.
These Terms outline the rules for using the services available through our website https://www.Daizy.com (Website), and the Daizy Application (Daizy App, Application, App) (together referred to as the Service).
The Service is operated by or on behalf of Cognitive Investment Technology, Inc., trading as Daizy (We, Us, Our, Daizy). You (you) refers to each person or entity using any part of the Service, any persons or entities obtaining a password for access to the Service, and any other persons or entities authorized by you to use your log-in information for the Service. By using the Service, you agree to be bound by these Terms and to strictly comply with them. You should save or print a copy of these Terms for future reference.
To access and use some elements of the Service (creating a portfolio for example), you must first create a Daizy account (Account) by completing the registration process available through the App.
You only need to register once.
To register, you must be at least 18 years of age.
You must provide Daizy with accurate, complete, and up to date contact information, and other information as Daizy requires. You are responsible for the information you provide to us. You must promptly update your account information if there are any changes to the information you have provided.
To create an Account, you may use an existing account of the following providers: Facebook, Google, Microsoft, or Apple or create an account using an email address and password to access your Account. You are responsible for protecting your account credentials from unauthorized use and access. Without limiting the foregoing, you must always take all reasonable precautions to keep your account credentials confidential and secure.
You are the only authorized user of your Account. You must not disclose your account credentials to anyone else or allow anyone else to use your account credentials to access or use your Account. Disclosure of your account credentials may allow unauthorized access to your Account.
You are responsible for all activities that occur while using your account credentials, as well as your Account. You agree not to hold Daizy liable for any loss, cost damage or expense of any type or amount with respect to your decision, actions or inactions that authorize, permit or allow the disclosure your account credentials to any third person or entity, or the results of such disclosure, such as to an investment advisor, financial planner, broker-dealer, investment professional or other person or entity. You must contact us immediately at security@Daizy.com if you discover or suspect any unauthorized use or error in the operation of your account credentials.
We are the owner or the licensor of all intellectual property rights in the Service, including all the material and content created by Daizy and published on the App or the Website (the Content). Such intellectual property is protected by copyright laws and treaties around the world. All such rights are reserved.
Upon registration of your Account, Daizy will grant you a limited, revocable, personal, non-sublicensable, non-exclusive, non-transferable and non-assignable license to access and use the Service only for the personal, non-commercial purposes and as set forth in these Terms and for no other purposes.
We may, with or without prior notice, temporarily suspend the operation of the Service to you if we believe there has been unauthorized access to your Account, or if we suspect it is being used for any unauthorized purpose, such as to gain unauthorized access to information or data linked to the Service.
In the event we become aware of any major operational or security incident affecting the Service, we will endeavor to notify you of the incident through App notification or email and advise you of measures you can take to mitigate the impact, but We have no obligation to do so and will not be liable whatsoever for any failure or delay in doing so, or any inaccuracy, error or incompleteness of any such notification that We may give.
You shall not access or use any of the Service provided by Daizy for any purpose beyond the scope of the access and use granted to you in these Terms. You are the sole authorized user of your Account. You shall not at any time, directly or indirectly, have the right or permit any other person or entity to:
The Service provided by Daizy is described more fully on our Website. In part, the Service may involve accessing investment data you link to your account. This means that by using the Service, you agree that We may, either directly or through our Third-Party Service Providers (identified below), access, process, aggregate or analyze data you provide Daizy, from one or more broker or investment accounts (Linked Broker Accounts) that you link to your Account to provide the Services, such as: providing information regarding your transactions and financial position across all Linked Broker Accounts; responding to queries you have submitted through your Account concerning the Service; and having the authorization to notify you of certain activity concerning your Linked Broker Accounts in the event you have requested such notifications.
Certain aspects of the Service are available via a paid, auto-renewable subscription. All subscription payments are managed via external app store providers such as the Apple iOS App Store and the Google Android Play Store which you may select and utilize (App Store Providers). Daizy does not manage or handle payment details nor does it have any access to your payment card information.
Daizy does not evaluate, review, recommend, advise or audit App Store Providers.
DAIZY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF APP STORE PROVIDERS AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DAIZY FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO ANY SUCH ENTITY.
Daizy may add new services for additional fees and charges, add or amend fees and charges for existing Services, at any time and from time to time in its sole discretion. You can manage, cancel, or change your DAIZY Pro subscription via the DAIZY Pro menu option within the App, subject to the availability, accuracy and proper functioning of the subscription payment services of App Store Providers.
YOU MAY CANCEL YOUR AUTO-RENEWABLE DAIZY PRO SUBSCRIPTION AT ANY TIME PROVIDED YOU GIVE DUE AND PROPER NOTICE; PROVIDED, HOWEVER, THERE ARE NO REFUNDS FOR CANCELLATION. IN THE EVENT THAT DAIZY SUSPENDS OR TERMINATES YOUR ACCOUNT AS PERMITTED BY THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT RECEIVE ANY REFUND, REIMBURSEMENT OR COMPENSATION FOR ANY UNUSED TIME OR CAPABILITY ON OR AVAILABLE UNDER A SUBSCRIPTION, OF ANY LICENSE, SUBSCRIPTION FEES OR ANY OTHER CHARGE OR AMOUNT FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR ACCOUNT, OR FOR OR IN RESPECT OF ANYTHING ELSE.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by
contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
If you link a broker or investment account to your Account, Daizy will receive read-only copies of your Account information from our Third-Party Service Providers, which includes the following, and may include one or more other Third-Party Service Providers at any time and from time to time:
The information that we access and collect may include the following:
Daizy reserves the right to add or change Third-Party Service Providers.
At no time ever will Daizy see or have access to the user credentials of your Linked Broker Accounts.
We will endeavour to access and collect information from your Linked Broker Account daily in order to refresh the financial information provided to you through your Account.
You may remove our access and use of a Linked Broker Account from your Account at any time at your discretion.
Please note that our Service includes the provision of information obtained from your Linked Broker Account providers. It is the responsibility of your Linked Broker Account providers to ensure that the information and data in your Linked Broker Account is complete, accurate and up to date. We will not be responsible for any delays or errors caused by delays or errors in your Linked Broker Account or by your Linked Broker Account providers or their third-party telecommunication or other service providers.
We cannot guarantee that your Linked Broker Account providers will allow us to access all or any information from your Linked Broker Accounts, or that our Third-Party Service Providers will deliver to us accurate, and updated information and data. The information obtained from your Linked Broker Account providers, and/or through our Third-Party Service Providers, is provided to you on an “as is” basis, and therefore no assurances are made that such data is accurate or up to date, and we will not be liable for any loss, cost, damage or expense including, without limitation, reasonable attorneys’ fees and expenses of any type or amount you incur as a result of your reliance on that information and data.
You are responsible for reviewing any discrepancies between the financial information provided to you through our Service and information provided to you directly from your Linked Broker Account providers. You should always check, review, and confirm the information in your Account with the information in your Linked Broker Account.
Should you wish to rely on any information or data provided by the Service such that, if it were incomplete, inaccurate or out of date you could be prejudiced or otherwise harmed, you should check the information with the relevant Linked Broker Account provider it has been obtained from.
DAIZY IS NOT AN INVESTMENT ADVISOR, FINANCIAL PLANNER, BROKER-DEALER OR OTHER INVESTMENT PROFESSIONAL, NOR IS IT REGISTERED AS AN INVESTMENT ADVISOR, FINANCIAL PLANNER, BROKER-DEALER OR OTHER INVESTMENT PROFESSIONAL, WITH ANY GOVERNMENT OR REGULATORY BODY. DAIZY DOES NOT PROVIDE ANY FINANCIAL, INVESTMENT, TAX OR ACCOUNTING ADVICE. THIS WEBSITE, THE SERVICES AND CONTENT ARE MADE AVAILABLE FOR GENERAL REFERENCE AND EDUCATIONAL PURPOSES ONLY.
DAIZY DOES NOT REVIEW, EVALUATE, RECOMMEND, ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INVESTMENT ADVISOR, FINANCIAL PLANNER, BROKER-DEALER, INVESTMENT PROFESSIONAL, OR ANY INVESTMENT PRODUCT, SPONSOR OR PLATFORM.
INFORMATION, DATA, ACCESS AND USE AVAILABLE THROUGH THIS WEBSITE AND THE SERVICE WITH LINKED BROKER ACCOUNTS DOES NOT MEAN, AND IS NOT INTENDED TO CONVEY OR SUGGEST, THAT DAIZY HAS EVALUATED OR WILL CONTINUE TO REVIEW, EVALUATE, RECOMMEND OR ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY SUCH BROKER-DEALER OR RELATED OR OTHER INVESTMENT PROFESSIONAL.
YOU SHOULD CAREFULLY REVIEW AND EVALUATE WITH YOUR INVESTMENT PROFESSIONAL WHICH BROKER-DEALER AND BROKER-DEALER SERVICES, AND THEIR CAPABILITIES, EXPERTISE FEES, CHARGES AND FEE STRUCTURE ARE APPROPRIATE, SUITABLE, AND ACCEPTABLE FOR YOU.
DAIZY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY INVESTMENT ADVISOR, FINANCIAL PLANNER, BROKER-DEALER, OR INVESTMENT PRODUCT, SPONSOR OR PLATFORM, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DAIZY FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND EXPENSES) OF ANY TYPE OR AMOUNT WITH RESPECT TO ANY SUCH PERSON OR ENTITY.
IN PROVIDING THE SERVICE, DAIZY HAS NOT REVIEWED OR EVALUATED, AND WILL NOT REVIEW OR EVALUATE YOUR INVESTMENT GOALS, OBJECTIVES, PROFILE, OR FINANCIAL SITUATION OR CIRCUMSTANCES.THE SERVICES ARE NOT INTENDED TO BE SPECIFIC TO YOU OR ANY OTHER PERSON, DO NOT CONSTITUTE RECOMMENDATIONS, AND THE SERVICE DO NOT MAKE RECOMMENDATIONS OR OFFER INVESTMENT ADVICE OF ANY TYPE OR KIND TO YOU OR ANYONE.
THE SERVICE DOES NOT:
A DECISION TO INVEST IN ANY REGULATED PRODUCTS, SECURITIES OR INVESTMENTS MAY INVOLVE MANY DIFFERENT FACTORS AND SHOULD NOT BE MADE IN RELIANCE ON ANY OF THE INFORMATION OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE OR FROM THE SERVICE.
BEFORE MAKING ANY INVESTMENT DECISION, INVESTORS AND PROSPECTIVE INVESTORS SHOULD CONTACT, DISCUSS AND SEEK ADVICE FROM THEIR INVESTMENT, FINANCIAL, LEGAL, TAX AND ACCOUNTING ADVISORS, TAKE INTO ACCOUNT THEIR INDIVIDUAL INVESTMENT GOALS, OBJECTIVES FINANCIAL AND TAX SITUATION AND CIRCUMSTANCES, AND CAREFULLY CONSIDER THE RISKS, CHARGES, AND EXPENSES ASSOCIATED WITH SUCH DECISION. NOTHING IN THIS WEBSITE, THE SERVICE OR THE CONTENT SERVES AS A RECEIPT OF, OR AS A SUBSTITUTE FOR PERSONALIZED PLANNING OR INVESTMENT ADVICE FROM YOUR ADVISORS.
YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND BEARING THE RISKS ASSOCIATED WITH THE USE OF THE SERVICE, ANY INFORMATION OR DATA GENERATED OR DERIVED FROM THE SERVICE, AND ANY CONTENT PROVIDED THROUGH THE SERVICE, BEFORE MAKING ANY DECISIONS BASED ON SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE INTEGRITY OF ANY INFORMATION OR DATA RECEIVED OVER THE INTERNET.
NEITHER DAIZY, ITS AFFILIATES, OR ANY THIRD-PARTY PROVIDER INVOLVED IN OR RELATED TO CREATING ANY INFORMATION MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES, AND IN NO EVENT WILL DAIZY OR ANY SUCH AFFILIATE OR THIRD PARTY HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS, LOST REVENUES AND LOST SAVINGS) INVOLVING OR RELATING TO ANY INFORMATION.
YOU AGREE NOT TO HOLD DAIZY OR ANY THIRD-PARTY PROVIDER LIABLE FOR ANY POSSIBLE CLAIM FOR ANY LOSS DUE TO, INVOLVED WITH, OR ARISING FROM ANY DECISION YOU MAY MAKE BASED ON THE CONTENT OR OTHER INFORMATION OR DATA MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR THE SERVICE OR ANY THIRD-PARTY PROVIDER WEBSITES.
PAST PERFORMANCE DATA SHOULD NOT BE CONSTRUED AS INDICATIVE OF FUTURE RESULTS. NO INVESTMENT IS RISK-FREE, GUARANTEES A PROFIT OR PROTECTION FROM LOSS. THEREFORE, DIFFERENT TYPES OF INVESTMENTS INVOLVE VARYING DEGREES OF RISK, AND THERE CAN BE NO ASSURANCE THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC INVESTMENT, INVESTMENT STRATEGY, OR PRODUCT WILL BE PROFITABLE, EQUAL ANY CORRESPONDING INDICATED HISTORICAL PERFORMANCE LEVEL(S), BE SUITABLE FOR YOUR PORTFOLIO OR INDIVIDUAL SITUATION, OR PROVE SUCCESSFUL.
We reserve the right at any time to:
We may modify the Service at any time without prior notice, and you accept those modifications if you continue to use the Service. You should check the Website frequently to see recent changes.
Daizy may, from time to time, restrict access to certain features, parts or Content of the Service, or even all the Service, to users who have registered with us.
DAIZY shall not be liable to you or any third party for any loss incurred due to or arising from the suspension or termination of the Service, or the Content, your access and use of the Service, or the Content, or any other loss, cost, damage or expense involving or related to any such suspension or termination.
You agree that, without notice, Daizy may terminate these Terms or suspend or terminate your access to the Service, with or without cause at any time and effective immediately. These Terms will terminate immediately without notice from Daizy if you fail to comply with any provision of these Terms. Daizy shall not be liable to you or any third person or entity for the termination or suspension of the Service, or any claims related to such termination or suspension.
Daizy and/or the Third-Party Data Providers may discontinue or modify the Service or Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Daizy, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.
We have the right to investigate, inspect, and enforce the restrictions, limitations, covenants, and agreements contained in these Terms, and you agree to provide reasonable assistance and cooperation with such investigation, inspection and enforcement, and to promptly notify us of any known violations of such restrictions, limitations, covenants and agreements.
You acknowledge and agree that the Service, Content and Documentation including, software, data, information, calculations, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights involving or related to the Website and Services (the “Daizy Assets”), are the sole and exclusive property of Daizy.
No title in or to any of the Daizy Assets is sold or transferred as a result of these Terms. Your rights under these Terms are strictly limited as set forth in these Terms. Without limiting the foregoing, the Daizy Assets may not be used (a) in connection with any product or service that is not owned by Us, or (b) in any manner that is likely to cause confusion among consumers or in any manner that disparages Daizy. We reserve any and all rights not expressly and explicitly granted in these Terms, including our right to license the Service to one or more third persons and entities in our sole and absolute discretion at any time and from time to time on the same or different terms.
The Service may from time to time include links to external sites, which may include links to third-party financial, investment and other products, services, content, data, offers, and promotions. We include these to provide you with access to such products, services, content, data, offers and promotions that you may find useful or interesting. We do not control and are not responsible for these external sites, the content of these external sites or for anything provided by them and do not represent, warrant or guarantee that they will be continuously available, truthful, accurate, complete or error-free. The fact that we include links to such external sites does not imply any recommendation, endorsement or warranty of, or association with, their operators or promoters. You acknowledge and agree that your access and use of these external sites, and the products, services, content, data, offers and promotions available through these external sites is at your own risk, and that you must carefully review and evaluate them independently of Daizy.
DAIZY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY EXTERNAL SITE, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DAIZY FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE OR EXPENSE OF ANY TYPE OR AMOUNT WITH RESPECT TO ANY SUCH EXTERNAL SITE.
The Service uses external data sources provided by Third-Party Data Providers to provide stock and market data. These sources include:
Certain information contained herein (the “Information”) has been calculated using or provided by MSCI ESG Research LLC, a Registered Investment Adviser under the Investment Advisers Act of 1940, and may include data from its affiliates (including MSCI Inc. and its subsidiaries (“MSCI”)), or third-party suppliers (each an “Information Provider”), and it may not be reproduced or re-disseminated in whole or in part without prior written permission.
The Information has not been submitted to, nor received approval from, the US SEC or any other regulatory body. The Information may not be used to create any derivative works, or in connection with, nor does it constitute, an offer to buy or sell, or a promotion or recommendation of, any security, financial instrument or product or trading strategy, nor should it be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.
Some funds may be based on or linked to MSCI indexes, and MSCI may be compensated based on the fund’s assets under management or other measures. MSCI has established an information barrier between equity index research and certain Information. None of the Information in and of itself can be used to determine which securities to buy or sell or when to buy or sell them.
The Information is provided “as is” and the user of the Information assumes the entire risk of any use it may make or permit to be made of the Information. Neither MSCI ESG Research nor any Information Party makes any representations or express or implied warranties (which are expressly disclaimed), nor shall they incur liability for any errors or omissions in the Information, or for any damage related thereto.
You agree not to redistribute MSCI ESG data in any form or manner to any third party. Use of MSCI ESG data shall only be used by you for personal, non-commercial use.
Notwithstanding anything in these Terms or otherwise, you understand, accept and agree that (a) access to and use of the Website and Services may be limited, delayed or completely or partially unavailable at any time and from time to time for extended periods of time. Such unavailability may occur for any number of reasons and during periods of peak demand, market volatility, systems maintenance or upgrades, or one or more other reasons or circumstances; In no event shall Daizy be responsible or liable to you for any loss, cost, damage or expense of any type or amount as a result of unavailability; and (b) information and data available from or through or generated by the Website or the Service may be inaccurate, incomplete or erroneous in whole or in any part; In no event shall Daizy be responsible or liable to you for any loss, cost, damage or expense of any type or amount as a result of any inaccuracies, incompleteness or erroneousness, however clear, obvious or egregious.
Daizy shall not be liable to you or to any other person or entity for any error, mistake, inaccuracy, or failure or delay in making this Website or third-party linked available for your use, or in any way involving or related to the Service, if due to a cause beyond Daizy’s control, including, but not limited to, acts of God, natural disasters, fires, explosions, power failures, floods, epidemics, pandemics, national or health emergencies, government or military action or omissions, laws, government guidelines or regulations, terrorism, riots, civil disturbances, wars, rebellions or revolutions, sabotage, accidents, civil insurrections, blockades, embargoes, storms, labor disputes, earthquakes, elements of nature, or difficulties, failures, breakdowns or delay or inaccuracies of communication systems, telecommunication providers or internet service providers, hardware or software failures, hacking, denial of service attacks, viruses introduced by third parties, or Daizy’s inability to confirm your identify or your authority to act.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR OTHERWISE TO THE CONTRARY, WE MAKE NO REPRESENTATIONS OR WARRANTIES INVOLVING OR RELATED TO THIS WEBSITE AND THE SERVICE, THE CONTENT OR THE DOCUMENTATION, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE SERVICE THE CONTENT OR THE DOCUMENTATION, OR YOUR ACCESS AND USE THEREOF. THE WEBSITE AND THE SERVICE ARE BEING MADE AVAILABLE ON AN “AS IS” BASIS, WITH ALL FAULTS.
NEITHER DAIZY NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING,COMPILING OR AVAILABILITY OR USE OF THE SERVICE (COLLECTIVELY, DAIZY INDEMNITEES) SHALL BE LIABLE FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SERVICE CONTENT OR DOCUMENTATON, OR ANY PRODUCT OR SERVICE USED, PURCHASED OR OTHERWISE LINKED OR AVAILABLE THROUGH DAIZY OR AS A RESULT OF THE ACCESS AND USE OF THIS WEBSITE, THE SERVICE, CONTENT OR DOCUMENTATION. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF ANY OF THE DAIZY INDEMNITEES HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE SERVICE, CONTENT OR DOCUMENTATION IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO DAIZY FOR ALL DAMAGES, LOSSES, COSTS, DAMAGES, EXPENSES OF ANY TYPE OR AMOUNT AND CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO US BY YOU, IF ANY, FOR ACCESS OR USE OF THE WEBSITE, THE SERVICE, CONTENT OR DOCUMENTATION DURING THE PREVIOUS ONE (1) MONTH PRIOR TO BRINGING THE CLAIM. IN NO EVENT SHALL ANY OF THE DAIZY INDEMNITEES, BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES IN ANY WAY ARISING OUT OF THE USE OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Service, you agree to indemnify, defend and hold harmless the Daizy Indemnitees from and against any and all losses, costs, damages, and expenses (including reasonable attorneys’ fees and expenses) of any type or amount, that arise directly or indirectly out of or from (a) your violation of these Terms; (b) your use or any third person’s or entity’s use of, or inability to use, the Service; or (c) your violation of the rights of any third person or entity. This defense and indemnification obligation will survive these Terms and your use of the Service.
You may not transfer or assign any or all your rights or obligations under these Terms under any circumstances. We may transfer or assign our rights and obligations without your consent or approval. We may also assign or delegate any of our rights and responsibilities to independent contractors or other third parties.
All notices given by you to Us must be given in writing to the address set out at the end of these Terms (in the section entitled “Contacting Use and Complaints”), or as may be otherwise provided to you in connection with the Account. We may give notice to you at the email address you provide to us when signing up for an Account, and as may be revised.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
These Terms, together with any other documents referenced by these Terms, constitute the entire agreement regarding the terms of use between DAIZY and you and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
These Terms of Use, their subject matter, and their formation, are governed by and shall be construed in accordance with the internal laws of the State of Delaware without regard to its conflict of laws provisions. You and We both irrevocably agree that the federal and state courts of the State of Delaware will have exclusive jurisdiction over any legal actions, suits or proceedings involving or in any way related to this Website and the Service, and personal jurisdiction over you. You hereby disclaim any objection to such courts have jurisdiction over you on any basis including, but not limited to, that such jurisdiction is an inconvenient forum. You further agree to consent to service of process in any manner permitted by such law and such courts.
We reserve the right in our discretion to update and change our Service at any time and from time to time including, without limitation, to reflect changes to our products, our users’ needs and our business priorities. We will try to give you notice of any major changes, but shall not be liable for failure or delay in doing so.
All Service restrictions, disclaimers and limitations of liability set forth in these Terms, as well as all representations, warranties, covenants, and agreements made by you in these Terms shall survive the termination of these Terms.
If you have questions, ideas, concerns, feedback or complaints regarding these Terms or the Service, please contact Us via email at privacy@Daizy.com
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