Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Aiday, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
You may access the Service as either an individual or on behalf of a company. If you are signing up for the Service on behalf of a company, you represent and warrant that you are duly authorized to represent the company and that you accept the TOS on behalf of the company.
Aiday may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Aiday may also impose limits on certain features and services or restrict User's access to parts or all of the Aiday without notice or liability.
User certifies to Aiday that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly:
User shall not use any "deeplink", "pagescrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Aiday reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Aiday server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Aiday’s systems or networks, or any systems or networks connected to the Service or to Aiday.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
As a condition to using certain products and services of the Service, User may be required to register with Aiday and select a password. User shall provide Aiday with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Aiday reserves the right to refuse registration of, or cancel an Aiday User in its discretion. User shall be responsible for maintaining the confidentiality of User's Aiday password and other account information.
The Service is accessible in the form of a subscription (hereinafter referred to as the "Subscription").
Subscription begins on the day of subscription (after a potential free trial period), subject to payment of the fee set out in section "5. Financial Conditions", for a duration of one (1) month or one (1) year depending on the User choice, from date to date.
It is then automatically renewed for successive periods of one (1) month or one (1) year depending on the frequency chosen by the User, from date to date, unless notice of termination is given by either Aiday or the User as provided below.
Users can cancel their Subscription in their Aiday Account at the latest on the day before the term of the current Subscription month or year.
Aiday can cancel a User's Subscription by sending an email to the User with at least a 1 (one) month notice. This cancellation shall be effective at the end of the month or year during which the one notice has ended.
Subscription cancellation is effective upon expiration of the last Subscription month or year and causes the automatic deletion of the User’s Account, along with all corresponding stored and indexed data.
Any Subscription month or year started is due in its entirety.
The Subscription to the Service is available in different plans, the fees and characteristics of which are indicated on the Aiday website. Fees for the provided Service are mentioned and presented on the Aiday website. Unless stated otherwise, the fees are exclusive of taxes (such as Value Added Taxes (VAT)).
The fee for each Subscription is based on the Subscription Plan (information about subscription plans is available by this link https://aidayapp.com/en/pricing), the number of active users in a company account and the billing frequency.
The billing frequency is selected by the User and can be set as yearly on monthly. The User can change its billing frequency at any time, triggering a payment or a credit calculated by Stripe as a prorata of the remaining time to be charged.
The User can upgrade or downgrade his Subscription at any time, through his Aiday Account.
If Aiday Service usage crosses one of its plan limits, the User will be automatically upgraded to the adequate plan after sending a notification email.
There will be a charge or a credit for the month or year during which the User subscription has been partially upgraded or downgraded.
Aiday may change the fees and payment policies for the Service without sending notification to its Users.
When effective, the new fees apply upon the renewal of the Subscription.
The Users who do not accept the new fees must cancel their Subscription according to the provisions set out in "4. Term of the Subscription". Users who continue to use the Service after the entry into force of the new fees shall be deemed to have accepted them.
Any application of reduction, coupon or discount, based on a percentage or a flat rate (depending on word, page, line, hour, etc.), remains at the sole discretion of Aiday, and this only for service to which they immediately apply. Discounts or coupons potentially granted to Clients will, in any cases, generate a right for future services.
The payment of the Subscription fee is carried out by direct debit from the User’s bankcard.
KS Systems GmbH as authorized non-exclusive agent accepts payments for the Service in the following geographical area: the 28 countries in the European Union, United States, Canada, Australia, New Zealand, India.
The direct debit is implemented by the secured payment service provider Stripe, who Aiday entrusts with the storage of the User’s bank data to this end. Aiday doesn’t store any bank data.
In case of a bankcard payment, the Aiday website uses Stripe security system, an expert providers of online payment service and security. This system guarantees the Users the full confidentiality of its banking information. The bankcard transaction, realized between the User and the secured system is therefore completely crypted and protected. It means that information relating to the Purchase and the bankcard numbers do not circulate on the web. Banking information of the User is not stored by Aiday.
We are in no way a banking institution and all the payment intermediary services are held by Stripe, approved and specialized in these services. Therefore, we invite you to read and acknowledge its General Terms and Conditions, available here https://stripe.com/us/legal/. You are responsible for checking the adequacy between our Services and your needs.
The fee for the Subscription is due and the direct debit is carried out on the day of the first subscription, then on the date of each Subscription renewal.
The User accepts to not question the responsibility of Aiday and to not dispute the payment relating to the supply of the Service.
The User guarantees to Aiday that they have all the necessary authorizations to use the chosen payment mode. The User undertakes to take all necessary measures so as to ensure safe carrying out of the direct debit.
Aiday may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Aiday in its sole discretion, and Aiday will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Aiday, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Aiday does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You acknowledge and agree that Aiday may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Aiday, its users or the public as required or permitted by law.
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to firstname.lastname@example.org.
Aiday reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Aiday may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Service is provided "as is". Aiday and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and noninfringement. Neither Aiday nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will Aiday, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Aiday under this agreement during the twelve (12) month period prior to the cause of action. Aiday shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The entire contents of the Service are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Aiday, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Aiday for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Aiday.
You agree to indemnify and hold harmless Aiday, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation this Agreement.