LICENSE AGREEMENT FOR THE DAYSMART SOFTWARE, INC. APP FOR MOBILE DEVICES
When you download or use the DaySmart Software, Inc. application (“DaySmart App”) for use on either iOS or Android mobile devices, these terms and conditions will become binding on you. Do not download or use the DaySmart App if you do not agree to be bound to these license terms. The licensor (“DaySmart”) reserves all rights not expressly granted to you. Notice For Orchid Medical Spa Software users only: If you or your business are subject to the Health Insurance Portability and Accountability Act of 1996 and its related health information privacy regulations (“HIPAA”), you should be aware that the subscription as a service (“Cloud”) version of Orchid Medical Spa Software and any email and SMS (texting) service features included in the Windows version are not HIPAA compliant. Please refer to the Orchid Medical Spa Software site (http://www.medicalspasoftware.com/) before downloading this app.
This DaySmart App uses Google Analytics, a service offered by Google, to help DaySmart analyze how you use the app so that DaySmart can plan future updates and improvements to the app. Google Analytics sends aggregated tracking data to DaySmart that cannot be linked to individual users or other data that DaySmart collects. Information that is tracked using Google Analytics includes:
• Device information, including device model, operating system version, and carrier.
• Application information, including the app version, crash exception data, and which screens in the app are visited the most frequently.
• User information, including user location and the total number of new and active users.
By installing the DaySmart App, you consent to allow DaySmart to collect this data in an aggregated format using Google Analytics.
DaySmart grants you the right to install and use the DaySmart App on multiple mobile devices that you control for the sole purpose of accessing the DaySmart software product installed on your main computer from a remote location.
You may not do or attempt to do any of the following:
• Reproduce, modify, decompile, reverse engineer or attempt to derive the source code of the DaySmart App.
• Make any derivative work from the DaySmart App.
• Decrypt the DaySmart App or override any security features.
• Remove, hide or alter any proprietary notice on or associated with the DaySmart App. This includes any copyright notices or trademarks or license agreements.
• Use the DaySmart App to access any DaySmart services or system that you are not authorized to use or have access to.
• Use the DaySmart App for any purpose for which it was not intended or designed.
Any attempt to do any of the foregoing is a violation of the rights of the DaySmart and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by DaySmart that replace and/or supplement the original DaySmart App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Some software used in our DaySmart App is used with permission under one or more open source licenses that we will make available to you. There may be provisions in the open source licenses that expressly override some of these terms. For more information on the open source software incorporated into the DaySmart App, and a copy of the licenses, contact DaySmart Software, Inc. at: email@example.com.
IMPORTANT: While DaySmart strives to ensure that the DaySmart App operates as it was designed, mobile device manufacturers continually update their products from time to time and therefore, DaySmart cannot warrant that the services are compatible with, or will operate with your mobile device or any software/hardware that you have on your mobile device.
To protect your personal and business information, it is your responsibility to protect your mobile device from access by unauthorized persons. If your mobile device is lost or stolen, it is your responsibility to take the necessary actions to change your password to prevent unauthorized access to your information database contained in the DaySmart software products installed on your main computer.
Termination. The license is effective until terminated by you or DaySmart. Your rights under this license will terminate automatically without notice from DaySmart if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the DaySmart App, and delete the DaySmart App from your mobile device.
Services; Third Party Materials. The DaySmart App enables access to DaySmart software through third party services or using Third Party materials and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. You agree to use the Services at your sole risk and DaySmart shall not have any liability to you for the performance or availability of Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your mobile device are not available in all languages or in all countries. DaySmart makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. DaySmart, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DAYSMART APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAYSMART APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE DAYSMART APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DAYSMART APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DAYSMART DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DAYSMART APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DAYSMART BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DAYSMART APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DAYSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL DAYSMART SOFTWARE, INC. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE RESPONSIBLE FOR ANY DATA TRANSFERRED TO AND FROM ANY DATA PROCESSING ENTITIES PROMOTED BY DAYSMART SOFTWARE, INC., OR ANY HARDWARE OFFERED BY OR SOLD THROUGH DAYSMART SOFTWARE, INC., FOR ITS USAGE, FOR ANY LOSS OF DATA OR INCOME OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES HOWSOEVER CAUSED.
The laws of the State of Michigan, excluding its conflicts of law rules, govern this license and your use of the DaySmart App.
Last updated: 09/01/15