Terms of Service

Last updated: 6 December 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MyDayLogs Ltd ("Company", "we", "us", "our") concerning your access to and use of the MyDayLogs platform and services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate and current
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. Subscription Plans and Billing

4.1 Plans

We offer multiple subscription plans, including a free Starter plan and paid Growth and Scale plans. All paid plans include a 30-day free trial. You will be charged on the 31st day after starting your trial unless you cancel before then.

4.2 Billing

By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis (monthly). Charges occur at the beginning of each billing cycle and are non-refundable except as required by law.

4.3 Payment Processing

Payments are processed securely by Stripe. We do not store your complete payment card details. You agree to Stripe's terms and conditions.

4.4 Price Changes

We may change our prices with at least 30 days' notice. Continued use of the Service after price changes constitutes acceptance of the new prices.

4.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until the end of the paid period.

5. Promotional Campaigns and Discount Codes

5.1 Campaign Administration

MyDayLogs Ltd may, at its sole discretion, offer promotional campaigns, discount codes, vouchers, or special offers ("Promotions") from time to time. Participation in Promotions is entirely voluntary and subject to these Terms.

5.2 Eligibility and Requirements

Promotions may have specific eligibility requirements including but not limited to: submission of feedback, social media sharing, first-time user status, account verification, geographic location, or other conditions. We reserve the right to determine eligibility at our sole discretion and may verify eligibility at any time.

5.3 Promotional Code Terms

  • One-Time Use: Unless explicitly stated otherwise, promotional codes are valid for one-time use only and apply to the first billing period only (excluding free trial periods)
  • Non-Transferable: Promotional codes are non-transferable and may only be used by the email address to which they were issued
  • No Cash Value: Promotional codes have no cash value and cannot be exchanged for cash or credit
  • Limited Availability: Promotional codes may be subject to limited availability (e.g., "first 100 users") and may expire or become invalid once limits are reached
  • Expiration: Promotional codes may expire after a specified date or time period, after which they become invalid and cannot be redeemed
  • Not Combinable: Promotional codes cannot be combined with other offers, discounts, or promotions unless explicitly permitted

5.4 Campaign Modifications and Termination

We reserve the absolute right to, at any time and without prior notice: modify campaign terms and conditions; change discount amounts or percentages; alter eligibility requirements; extend or shorten campaign duration; increase or decrease the number of available promotional codes; suspend or terminate any campaign; cancel issued promotional codes if fraud or abuse is detected; or discontinue any promotion for any reason.

5.5 Fraud Prevention and Anti-Abuse

We employ comprehensive anti-fraud measures including but not limited to: IP address tracking, browser fingerprinting, email verification, rate limiting, duplicate detection, and behavioral analysis. Any attempt to abuse, manipulate, or circumvent promotional campaign rules will result in immediate disqualification and may lead to account suspension or termination. We reserve the right to invalidate any promotional codes obtained through fraudulent means.

5.6 Verification Rights

We reserve the right to verify all aspects of promotional campaign participation including but not limited to: authenticity of feedback submissions; verification of social media sharing activity; validation of email addresses and account information; and confirmation of eligibility requirements. We may request additional information or proof at any time.

5.7 Disqualification

We may disqualify any participant who:

  • Provides false, misleading, or incomplete information
  • Attempts to use multiple accounts or email addresses to obtain multiple codes
  • Engages in fraudulent, deceptive, or abusive behavior
  • Violates any campaign terms or these Terms of Service
  • Uses automated tools, bots, or scripts to participate in campaigns
  • Shares promotional codes publicly or attempts to resell codes (codes are for personal use only unless explicitly stated otherwise)

5.8 No Guarantee of Availability

We do not guarantee that promotional codes will be available to all participants. Limited-quantity campaigns operate on a first-come, first-served basis. Once campaign limits are reached, no additional codes will be issued regardless of whether you met the participation requirements.

5.9 Redemption Process

Promotional codes must be redeemed during the checkout process before payment is processed. We are not responsible for codes that are lost, forgotten, expired, or not redeemed. Retroactive application of promotional codes to existing subscriptions is not permitted.

5.10 Limitation of Liability

To the fullest extent permitted by law, MyDayLogs Ltd shall not be liable for any claims, losses, damages, or disputes arising from promotional campaigns including but not limited to: technical failures or errors; inability to participate or redeem codes; campaign modifications or terminations; disqualification from campaigns; or any other campaign-related matters. Promotional campaigns are provided "as is" without any warranties.

5.11 Indemnification for Campaign Participation

By participating in any promotional campaign, you agree to indemnify and hold harmless MyDayLogs Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your campaign participation, including false submissions, fraudulent activity, or violation of campaign terms.

5.12 Data Usage for Campaigns

By participating in promotional campaigns, you consent to our collection, use, and storage of information related to your campaign participation as described in our Privacy Policy, including feedback submissions, social sharing activity, promotional code usage, and redemption data.

5.13 No Legal Recourse

You acknowledge and agree that promotional campaigns are discretionary benefits provided at our sole discretion. You have no legal right, entitlement, or claim to participate in any campaign or receive any promotional code. All decisions regarding campaigns, eligibility, and disqualification are final and not subject to appeal or legal challenge.

5.14 Governing Law

All promotional campaigns are governed by the laws of England and Wales. Any disputes arising from campaigns will be subject to the exclusive jurisdiction of the courts of England and Wales.

6. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful code (viruses, malware, etc.)
  • Harass, abuse, or harm others
  • Impersonate others or provide false information
  • Interfere with the Service or servers
  • Access the Service through automated means without permission
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any illegal or unauthorized purpose

7. Intellectual Property Rights

7.1 Our Rights

The Service, including all content, features, and functionality, is owned by MyDayLogs Ltd and is protected by international copyright, trademark, and other intellectual property laws.

7.2 Your Rights

You retain all rights to the content you create and upload to the Service ("User Content"). By using the Service, you grant us a limited license to use, store, and display your User Content solely to provide the Service.

7.3 Feedback

If you provide feedback or suggestions about the Service, we may use that feedback without any obligation to you.

8. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with applicable data protection regulations.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, particularly when handling personal data of your team members or clients.

9. Service Availability

We strive to provide reliable service but do not guarantee that:

  • The Service will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The Service will meet your specific requirements

We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability for any claim related to the Service is limited to the amount you paid us in the 12 months before the claim arose
  • We are not liable for any loss of data, profits, revenue, or business opportunities

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify and hold harmless MyDayLogs Ltd from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of others

12. Termination

We may suspend or terminate your access to the Service immediately if:

  • You violate these Terms
  • Your account is inactive for an extended period
  • Required by law or legal process
  • We discontinue the Service

Upon termination, you must stop using the Service. We may delete your account and User Content after termination.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Dispute Resolution

Before filing a legal claim, we encourage you to contact us at info@mydaylogs.co.uk to resolve disputes informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal remedies.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MyDayLogs Ltd regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

17. Contact Information

If you have questions about these Terms, please contact us:

MyDayLogs Ltd

Email: info@mydaylogs.co.uk

By using MyDayLogs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last updated: 6 December 2024