Terms of Service

Daily is operations software for landscaping companies — scheduling and routes, project calendars, property records, crew time tracking, photos, invoicing, and related tools (the “Service”). The Service is provided at dailywork.ai, on per-company subdomains (for example yourcompany.dailywork.ai), and through related sites and applications.

The Service is operated by [LEGAL ENTITY NAME — Geared for Growing / Daily, Inc. TBD] (“Daily,” “we,” “us”), a company operating from Sonoma County, California. Daily was built by the team behind Geared for Growing, a Sonoma County landscape company, and is run on the same software Geared for Growing uses for its own crews.

These Terms of Service (the “Terms”) are a contract between Daily and the company or organization that registers an account (the “Customer,” “you,” “your”). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of your company, and you represent that you have authority to bind it. If you do not agree, do not use the Service.

When you accept these Terms, we record the version you accepted and the date and time of acceptance.

The Service is built for businesses. It is not offered for personal, family, or household use, and it is not directed to consumers.

Account information. You agree to provide accurate, current company and contact information and to keep it up to date.

Account security. You are responsible for safeguarding the sign-in credentials used with your account — including Google sign-in credentials and the PIN codes issued to your field crews — and for all activity that occurs under your account. Tell us promptly at the contact address in Section 19 if you believe your account has been accessed without authorization.

Authorized users. You may give access to your employees and contractors (“Authorized Users”), including office staff who sign in with an email account and field crew members who sign in with a PIN (who may not have an email address on file). You are responsible for your Authorized Users’ use of the Service and their compliance with these Terms, and for promptly removing access when someone leaves your company.

Free founding-member period. Accounts created during our founding-member program receive the Service free of charge for three (3) months (approximately 90 days) from account creation. We do not collect a payment method at signup during this period.

Transition to paid plans. Paid subscriptions will be introduced later. Before you are ever charged: (a) we will give you at least thirty (30) days’ notice of the applicable pricing by email and/or in the app; and (b) you will not be charged unless you affirmatively set up billing and subscribe. We will never auto-convert your free account into a paid one using a payment method you did not provide for that purpose. If you choose not to subscribe when your free period ends, your account may be suspended or closed, and the data export and deletion terms in Section 5 apply.

Payment processing. When billing is active, payments are processed by Stripe. We do not store full payment card numbers on our systems.

Taxes. Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes, excluding taxes on our income.

Pricing changes. After billing begins, we may change pricing with at least thirty (30) days’ notice. Changes apply at your next billing cycle after the notice period.

Tenant Data. “Tenant Data” means the operational data you and your Authorized Users submit to or generate in the Service: your customer and contact records, property records and notes, schedules and routes, work orders, time and payroll records (including crew clock-in/out times and locations), job-site photos, invoices, and similar business data.

You own your Tenant Data. As between you and Daily, you own all Tenant Data. We claim no ownership of it.

Our license to process it. You grant Daily a non-exclusive, worldwide license to host, store, process, transmit, and display Tenant Data solely as needed to (a) provide, maintain, secure, and support the Service for you, (b) operate integrations you connect (Section 7), and (c) comply with law. Our handling of personal information within Tenant Data is described in the Privacy Policy.

Tenant isolation. Each customer company is a separate tenant in the Service. Your Tenant Data is logically segregated from other customers’ data, and no other customer can access it through the Service.

Your responsibilities for Tenant Data. You collected the data in Tenant Data from your own employees and customers, and you are responsible for it. In particular, you are responsible for: (a) having a lawful basis and any required notices or consents to collect and use it — including notice to your field employees that the Service records clock-in/out times and captures GPS location at clock events, and consent where required for SMS notifications to your staff or customers; (b) the accuracy and legality of the data; and (c) compliance with employment, wage-and-hour, and privacy laws that apply to your business. Daily provides the tools; you remain the employer and the business of record.

Aggregated and de-identified data. We may use data about use of the Service, and aggregated or de-identified data derived from Tenant Data, to operate, secure, benchmark, and improve the Service, provided it does not identify you, your customers, or your employees.

Export any time. You may request an export of your Tenant Data at any time while your account is active, and we will provide it in one or more commonly used, machine-readable formats within a reasonable time.

Export window after termination. For thirty (30) days after your account terminates (for any reason), we will retain your Tenant Data and will provide an export at your request.

Deletion. After that 30-day window, we may delete or de-identify your Tenant Data from our active systems, and it will age out of backups in the ordinary course. We may retain data we are required to keep by law, and residual copies in backups until they cycle out, protected as described in the Privacy Policy.

You agree not to, and not to permit Authorized Users to:

• use the Service in violation of law, or to store or transmit unlawful or infringing material;
• attempt to access another customer’s tenant or data, or probe, scan, or circumvent any security or authentication measure;
• interfere with the Service’s operation, including by knowingly introducing malware or imposing an unreasonable load;
• reverse engineer, decompile, or copy the Service or build a competing product from it, except to the extent a law expressly permits it despite this restriction;
• resell, sublicense, or provide the Service to third parties as a service bureau, except for use by your Authorized Users in running your own business;
• use the SMS or email features to send spam or messages to recipients who have not consented where consent is required; or
• use the Service to surveil people beyond its intended workforce-management features (for example, the Service captures GPS only at clock events — do not attempt to repurpose it for covert continuous tracking).

We may suspend access that we reasonably believe violates this section, with notice where practicable (Section 12).

Optional integrations. You may connect third-party services to your tenant — for example QuickBooks Online (accounting sync) or HubSpot (CRM sync). Integrations are optional and connect only when you authorize them. When you connect one, you authorize Daily to exchange the relevant Tenant Data with that service on your behalf.

Their terms apply. Third-party services are governed by their own terms and privacy policies. Daily is not responsible for third-party services, and an integration may stop working if the third party changes or discontinues its interface.

SMS. SMS notifications (for example crew or customer notifications) are delivered through Twilio. You are responsible for ensuring recipients have consented to receive these messages where consent is required. Message and data rates may apply to recipients.

Sign-in. Office users sign in with Google. Google’s terms govern your Google accounts.

The Service — including its software, design, and branding — is owned by Daily and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term of these Terms for your internal business purposes. We reserve all other rights. These Terms do not transfer any Daily intellectual property to you, and (per Section 4) do not transfer any of your Tenant Data to us.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you. Feedback never includes your Tenant Data.

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Your Tenant Data is your Confidential Information. Our software, pricing not publicly posted, and security details are our Confidential Information.

Each party will use the other’s Confidential Information only as needed to perform under these Terms, protect it with at least reasonable care, and not disclose it to third parties except to employees, contractors, and service providers who need it and are bound by comparable obligations.

Confidential Information does not include information that is or becomes public through no fault of the recipient, was lawfully known before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when legally compelled, with notice to the other party where lawful and practicable.

Our Privacy Policy describes what personal information we collect, how we use it, the subprocessors we rely on, and the rights available to individuals (including under the CCPA/CPRA). The Privacy Policy is part of these Terms.

We work to keep the Service available and useful, but during the founding-member period we do not commit to a formal service-level agreement. Planned maintenance and unplanned outages can occur.

We improve the Service continuously and may add, change, or remove features. If we materially reduce core functionality you rely on, we will give reasonable advance notice.

Features identified as beta, preview, or early access are provided as-is and may change or be withdrawn at any time.

Term. These Terms apply from the date you accept them until your account is terminated.

Termination by you. You may stop using the Service and cancel your account at any time. There is no long-term contract and no termination fee.

Suspension and termination by us. We may suspend or terminate your account: (a) for material breach of these Terms that remains uncured fifteen (15) days after we notify you (we may suspend immediately, without waiting for the cure period, for security risks, unlawful use, or abuse of other tenants or of the Service); (b) for non-payment after billing has been activated and notice given; or (c) for free accounts, on thirty (30) days’ notice if we discontinue the founding-member program or the Service.

Effect of termination. On termination, your and your Authorized Users’ access ends. The export and deletion terms in Section 5 apply. Sections that by their nature should survive (including data ownership, export, IP, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) survive termination.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Daily disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the Service will be uninterrupted or error-free.

Not professional advice. The Service is a record-keeping and operations tool. It is not legal, accounting, tax, payroll, or compliance advice. You are responsible for verifying payroll calculations, overtime, wage-and-hour compliance, invoices, and tax treatment with your own advisors and systems of record.

Field data depends on devices. Clock events, GPS locations, and photos depend on your crews’ devices, device settings, and network conditions, and may be missing or imprecise. Review time records before running payroll.

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility.

To the fullest extent permitted by law, Daily’s total liability arising out of or relating to the Service or these Terms will not exceed the fees you paid to Daily in the twelve (12) months before the event giving rise to the claim — or, if you have paid no fees (including during the free founding-member period), one hundred U.S. dollars (US $100).

The limitations in this section do not apply to your payment obligations, either party’s indemnification obligations under Section 15, your breach of Section 6 (acceptable use), or liability that cannot be limited under applicable law.

By you. You will defend and indemnify Daily against third-party claims arising from: (a) Tenant Data, including claims that you lacked the rights, notices, or consents required to collect or use it; (b) your or your Authorized Users’ use of the Service in violation of these Terms or law, including employment or wage-and-hour claims by your workers and claims arising from SMS messages you direct the Service to send; or (c) your products and services.

By us. We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret. If such a claim arises, we may modify the Service, procure rights, or terminate the affected functionality with a refund of prepaid unused fees. This obligation does not apply to claims arising from Tenant Data, combinations with things we did not supply, or use in violation of these Terms.

The indemnified party must give prompt notice, allow the indemnifying party to control the defense, and reasonably cooperate.

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. The state and federal courts located in Sonoma County, California have exclusive jurisdiction over any dispute arising out of these Terms or the Service, and the parties consent to personal jurisdiction there — except that either party may bring an individual claim that qualifies in small claims court in that county.

We may update these Terms. For material changes we will give at least thirty (30) days’ notice by email and/or in the app before the new terms take effect. If you continue to use the Service after the effective date, the new terms apply; the version and timestamp of each acceptance is recorded. If you do not agree to a change, stop using the Service and cancel your account before the change takes effect.

Entire agreement. These Terms, the Privacy Policy, and any order or plan terms you accept in the app are the entire agreement between us about the Service and supersede prior discussions.

Assignment. You may not assign these Terms without our written consent, except to a successor in a merger, acquisition, or sale of substantially all assets, with notice to us. We may assign these Terms to an affiliate or successor.

Severability; waiver. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.

Notices. We may give notice by email to your account owner’s address or in the app. You may give notice by email to the address in Section 19.

No third-party beneficiaries. These Terms create no rights in any third party, including your customers or employees.

[LEGAL ENTITY NAME — Geared for Growing / Daily, Inc. TBD]
Sonoma County, California
[MAILING ADDRESS — TBD]
Email: legal@dailywork.ai