Global Terms of Service - daosys.ai

Terms of Service

Effective Date: [October 26, 2023]

Domain: daosys.ai

1. Acceptance of Terms

Welcome to daosys.ai ("Company," "we," "us," or "our"). By registering for, accessing, or using our software-as-a-service platform, website, and related services (collectively, the "Services"), you ("User," "you," or "Customer") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

These Terms apply to all visitors, users, and others who access the Services globally, including users in Hong Kong, the United States, the United Kingdom, and the European Union.

2. Description of Service

daosys.ai provides a comprehensive marketing and customer relationship management (CRM) platform. We reserve the right to update, modify, or discontinue any part of the Services at any time without prior notice.

3. Account Registration and Security

To use the Services, you must register for an account. You agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

You must notify us immediately of any unauthorized use of your account at [email protected].

4. Subscription and Payment Terms

  • Fees: You agree to pay all fees associated with your subscription plan. All payments are due in advance.
  • Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless cancelled.
  • No Refunds: Services are provided on a non-refundable basis, subject to applicable local consumer laws.
  • Taxes: You are responsible for paying all applicable taxes, including VAT, GST, or Sales Tax relevant to your jurisdiction.

5. Use Restrictions and Global Compliance

You agree not to use the Services for any unlawful purpose. Specifically, you agree to comply with all applicable local, state, national, and international laws, including but not limited to:

  • Hong Kong: Unsolicited Electronic Messages Ordinance (UEMO).
  • United States: CAN-SPAM Act and Telephone Consumer Protection Act (TCPA).
  • Europe/UK: General Data Protection Regulation (GDPR) and ePrivacy Directive.

You strictly agree NOT to send spam, upload malicious code, or resell the Services without express written permission.

6. Intellectual Property Rights

Our IP: daosys.ai owns all rights to the Services. These Terms do not grant you any rights to use our trademarks or brand elements.

Your Data: You retain ownership of your data ("Customer Data"). You grant us a worldwide license to host and process your data to provide the Services.

7. Data Protection (GDPR, CCPA, PDPO)

We take data privacy seriously and operate in compliance with:

  • The Personal Data (Privacy) Ordinance (PDPO) of Hong Kong;
  • The General Data Protection Regulation (GDPR) for users in the EEA and UK;
  • The California Consumer Privacy Act (CCPA) for users in California.

If you are located in the EEA, UK, or Switzerland, the parties acknowledge that you are the "Data Controller" and we are the "Data Processor." Data processing is governed by our Privacy Policy and, where applicable, the Standard Contractual Clauses (SCCs).

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

  • NO CONSEQUENTIAL DAMAGES: DAOSYS.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.
  • LIABILITY CAP: OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Note for Consumers in EEA/UK: Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud.

10. Indemnification

You agree to indemnify and hold harmless daosys.ai from any claims arising out of your use of the Services, your violation of these Terms, or your violation of any laws (including GDPR, TCPA, or UEMO) or third-party rights.

11. Dispute Resolution: Class Action Waiver (For US Users)

Binding Arbitration & Class Action Waiver:
If you are a resident of the United States or Canada, you agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration, rather than in court. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12. Governing Law and Jurisdiction

Primary Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Dispute Venue: Except as provided in Section 11 (for US/Canada users), any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

International Consumers: If you are a consumer resident in the European Union or United Kingdom, you may benefit from mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

13. Export Compliance

You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified at least 30 days in advance. Continued use of the Services constitutes acceptance of the revised terms.

15. Contact Us

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

daosys.ai
Email: [email protected]