These are the terms of supply for services available on the https://dailyhuman.com/ ("Website") and on our mobile applications for iOS and Android. The Website and Applications (together referred to as the "Site") are operated by or on behalf of DAILYHUMAN INC aka DAILYHUMAN ("DAILYHUMAN", "we", "us", and "our"). DAILYHUMAN INC is a C-Corporation, registered in the state of Delaware, USA. Our EIN is 47-4845781 and our registered office is located at DAILYHUMAN Inc, 174 W 4th St, Ste 127, New York, NY 10014.
Your use of any of the services offered on the Site ("Services") is subject to these terms and by signing up for or using any Service you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to us as part of the provision of the Services is governed by our Privacy and Cookies Policy.
These terms were last updated in June 2020.
To use any of the Services, you must first register to set up an account with us by completing the account registration form available on the Site. You only need to register once.
To use any of the Services and to accept the Agreement, you must be (1) a legal resident of the United States or Canada, (2) of legal age to form a binding contract, and (3) not prohibited by law from using any of the Services.
Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
To register, you must provide us with accurate, complete, and up-to-date contact information, which may include email address and mobile telephone number. You are responsible for the information you provide to us. You must promptly update your DAILYHUMAN account in the event of any changes to information you have provided.
Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.
We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity. By agreeing to these terms, you agree to our doing so.
Upon registration for an account with us, you will be emailed a link to login to your account. You must take all reasonable precautions to keep your username and personalised security credentials confidential and secure at all times, and use it only to access and use your DAILYHUMAN account and not for any other purpose. You are the only authorised user of your account.
You are responsible for all activities that occur using your username. You must contact us immediately if you discover or suspect any unauthorised use of your DAILYHUMAN account, or error in the operation of your username (see Contacting us and complaints) If you discover or suspect any unauthorised use of a payment or financial account linked to your DAILYHUMAN account, you should immediately notify the provider of that account.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service if we believe there has been unauthorised access to your DAILYHUMAN account or we suspect it is being used to gain unauthorised access to any payment or financial account linked to the Services.
In the event we become aware of any major operational or security incident affecting the Services which could have an adverse impact on your financial interests, we are required to notify you of the incident and measures you can take to mitigate the impact.
The Services are described more fully on the Site. We warrant that the Services will substantially conform to the relevant description on the Site and will be provided with reasonable care and skill.
In particular, our Services involve the provision of account information services to you. This means that by using our Services, you agree that we may, either directly or through our trusted third-party service provider Plaid Technologies, Inc. ("Plaid"), access, process, aggregate, or analyse information from one or more payment or other financial accounts ("Linked Accounts"), that you link to your DAILYHUMAN account in order to provide you with the following Services:
Plaid requires that certain minimum terms are shared with you.
To use our Services you must link one or more payment accounts or, where available through the Services, other financial accounts, to your DAILYHUMAN account. To link a payment or other financial account, we require certain account details from you including your personalised security credentials relating to that account ("Linked Account Security Credentials") (such as usernames, access numbers, passwords, security questions and answers, token/SMS codes, multifactor information, biometric information, device information usernames, PIN). We need these details in order to access and collect information from your Linked Account and/or your associated Linked Account transactions to provide our Services. You are responsible for notifying us of any changes to the Linked Account information or Linked Account Security Credentials you have provided.
Any Linked Account Security Credentials you provide will either be communicated directly to your Linked Account provider through the Services, or will be collected, held, and stored securely by Plaid. Plaid is a third-party service provider that we use to help us provide our Services to you. Plaid will not make your Linked Account Security Credentials available to any third-party other than your Linked Account provider (or other issuer of Linked Account Security Credentials) and will only transmit them through safe and efficient channels in accordance with regulatory rules. DAILYHUMAN itself will not at any time store your Linked Account Security Credentials.
Any Linked Account data that you provide, and any information obtained from your Linked Accounts, shall only be used by us or Plaid to enable us to provide the Services to you (which may include, without limitation, using such data in connection with managing and investigating any security incidents relating to the Services).
You must only link payment or other financial accounts that you are the account holder of. In linking an account, you should check that you are permitted by your Linked Account provider to share account details (and in particular any Linked Account Security Credentials) with us and Plaid, as contemplated by these Terms of Service. This means that you should check any terms and conditions with your Linked Account provider. You should be aware that only providers of payment accounts that are accessible online are required by regulations to allow you to access account information through a service provider such as DAILYHUMAN.
Our Services only support payment or other financial accounts provided by certain financial institutions and within certain jurisdictions. The payment and financial accounts that we are able to support may from time to time change and a list of those currently supported is available on our Site. We cannot guarantee that your Linked Account provider will allow us (whether directly or through Plaid) to access information from your Linked Account and you are responsible for providing any additional consent or authorisation required in order for us to do so.
When you link a payment or financial account to your DAILYHUMAN account, you authorise and instruct us, whether acting directly or through Plaid as our service provider, to use your Linked Account Security Credentials and access and collect information from your Linked Accounts in order to provide our Services. The information that we and/or Plaid will access and collect includes transactions on your Linked Account, the features and benefits of your Linked Account and details of any regular transactions you have set up on your Linked Account.
In particular, you authorise us and/or Plaid to access, process, aggregate, and analyse such information from your Linked Account:
You may remove a Linked Account from your DAILYHUMAN account at any time. Upon removal, we shall delete, and ensure that Plaid deletes, any Linked Account Security Credentials held by us and/or Plaid and neither of us will continue to access or collect information regarding the removed account.
In relation to our provision of the Services, you acknowledge that:
As it is our policy to continually review and update our Service offerings, we reserve the right to make changes to any Service and/or to these terms from time to time. We will always give you as much notice as we reasonably can of such significant changes.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
These terms will continue to apply until terminated by either party. If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
The responses described above are not limited, and we may take any other action we deem appropriate.
DAILYHUMAN may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Applications, Site, or the Services at any time, with or without cause, at DAILYHUMAN's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Applications, Site, or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Applications, Site, or the Services.
Upon termination of any Contract or Service or your account, for any reason:
You may terminate your account at any time but you must notify us if you wish to do so at email@example.com.
We may, from time to time, restrict access to certain features, parts, or content of the Services, or even all the Services, to users who have registered with us. In particular, we reserve the right to disable your account, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.
We cannot guarantee the continuous, uninterrupted, or error-free operability of the Service. There may be times when certain features, parts, or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. We will give you notice if we decide to terminate provision of the Services on any Application or the Website. You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of the Services, or any features, parts, or content of the Services.
You may only use the Services for non-commercial use and only in accordance with these terms. You may retrieve and display content from the Services on a mobile device, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Services and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in these terms, you are not allowed to:
You must only use the Services and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
All intellectual property rights in any content of the Services (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy, or store pages from the Site (only as permitted by these terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
We may change the format, features, and content of the Services from time to time. You agree that your use of the Services is on an "as is" and "as available" basis and at your sole risk.
Whilst we try to make sure that the content of the Services consisting of information of which we are the source is correct, you acknowledge that the Services may include content which is derived from a number of sources, for which we are not responsible. Should you wish to rely on any payment account or transaction information provided under this Service such that, if it were incomplete, inaccurate or out of date you could be prejudiced, you should check the information with the relevant payment account provider it has been obtained from.
In all cases, information available through the Services is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Services or relying on any content.
We cannot and do not guarantee that any content provided as part of the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card.
Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the Applications or Site.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
To use the Service either as a Purchaser or a Recipient, you must create a DAILYHUMAN account ("Account"). You may create one DAILYHUMAN account only, which is solely for your personal use. Your Account is non-transferable, and you cannot sell, combine, or otherwise share it with any other person. All use of your Account must be for personal, family or household purposes. No business use of your account is allowed unless authorized by DAILYHUMAN.
By creating an Account or by using the Service, you represent and warrant to us that:
Whether you are a Purchaser or a Recipient, you are required to register a valid, eligible payment card or financial institution account with your DAILYHUMAN Account in order to access and use the Service. A valid payment card or financial institution account is one that is accepted by DAILYHUMAN in its sole discretion and may include, but is not necessarily limited to, a credit card, a debit card, and a financial institution account.
Purchasers and Recipients may be able to register more than one payment card or financial institution account. DAILYHUMAN will inform Purchasers and Recipients of any limitations at or prior to the time of actual registration.
Your use of the Service is subject to your payment card or financial institution account being valid and your payment card or financial institution account being in good standing. You represent and warrant to us that the information you provide about your payment card or financial institution account is true and that you are authorized to use the payment card or financial institution account. You agree to promptly update your Account information with any changes (for example, a change in your billing address) and to register a new card or financial institution account with us if your registered card or financial institution account is no longer valid or if your registered card or financial institution account is (as applicable) lost, stolen, suspended, breached, compromised, or replaced. You must be the cardholder or financial institution account holder or an authorized user of the registered card or financial institution account. You acknowledge and agree that we, Merchants, payment processors, payment facilitators, payment card networks, financial institutions, and platforms with which we integrate in order to provide you with the DAILYHUMAN services, will have no liability associated with or arising from your use of the Service, or your failure to provide accurate registration information, including but not limited to your failure to receive a DAILYHUMAN digital gift for a Qualifying Purchase or updates about the Service. If we or any of the business entities we partner with in order to provide you with the DAILYHUMAN services have reasonable grounds to suspect that the information you provided is untrue, inaccurate, or incomplete, your Account may be suspended or terminated. You authorize us to collect and store your payment card or financial institution account information, along with other identifying information in connection with your Account, such as your email address, location, and device information.
Special Disclosures to Recipients - Card/Account Monitoring & Data Provision; Issuance of Credits; Opt-Out:
By enrolling for the Service, accepting the digital gift orders, and registering a connected payment card or financial institution account, you agree that payment card networks and payment facilitators may monitor and share your transactions on your payment card or financial institution account (including purchases and returns, and including transaction unrelated to DAILYHUMAN) with DAILYHUMAN, service providers and participating merchants to:
In addition, you hereby authorize the issuance of credits for digital gift orders directly to your registered payment card(s) or financial institution account(s) when applicable. Regarding financial institution accounts, you expressly authorize DAILYHUMAN's third party service providers, for example Dwolla, Inc. and Visa Direct, to originate credit transfers to your financial institution account.
You understand and agree that the Service is not sponsored or endorsed by the business entities (including payment card networks) we partner with in order to provide you with the DAILYHUMAN services and that they make no warranties with respect to, and have no liability in connection with, the Service or these Terms.
If you believe you have made a Qualifying Purchase with your registered payment card or financial institution account and you have not received credit within 2 business days, please contact us at firstname.lastname@example.org. To the extent that transactions are made involving a registered payment card, please note that not all such transactions can be monitored by the applicable payment network for purposes of the Service. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
You may opt out of transaction monitoring on the payment card or financial institution account(s) you have registered by deleting your connected payment card or financial institution account from the DAILYHUMAN app or by contacting us at email@example.com with a request to un-enroll your payment card or financial institution account. However, if you disconnect your payment card or financial institution account, you will not be able to make Qualifying Purchases. You give us the right to use the transaction data from your payment card or financial institution account until you redeem your digital gift order or until you un-enroll your payment card or financial institution account. When you un-enroll a connected payment card or financial institution account, we will no longer capture transaction data, however we will retain the data associated with your connected payment card or financial institution account for historical transactions as long as necessary to fulfill your digital gift order, but no longer than permitted by law.
To use the Service to purchase a digital gift order (a "Purchase Transaction") for a Recipient, you as Purchaser must have a valid, active DAILYHUMAN Account connected to a payment card or financial institution account. When you select a digital gift order to provide to a Recipient, you are agreeing to pay all amounts specified in the digital gift order, along with any applicable taxes, as well as any service or processing fees to the extent permitted by applicable law. You hereby authorize us (and our designated payment processor or payment facilitator), to authorize and charge the full order amount to the payment card or financial institution account affiliated with your Account once you purchase any digital gift order, and you also authorize us to collect and store that payment card or financial institution account, along with other information related to your Purchase Transaction.
If you dispute any charges related to the digital gift order/s you have purchased, you must notify us within sixty (60) days after the date we charge you. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on our net income. Applicable fees for the digital gift order offered via the Service may change at any time. We do not provide price protection or refunds in the event of a fee reduction or promotional offering. Your continued use of the Service after any fee change becomes effective constitutes your agreement to pay the originally charged amount.
Once you as Purchaser select and provide a digital gift order, the amount of the digital gift order will be charged to your payment card or financial institution account and transferred to an account at an FDIC insured bank where such funds are held until the Recipient's Qualifying Purchase at the designated Merchant is confirmed. Upon confirmation, the digital gift order funds up to the amount of the Qualifying Purchase will be credited to the Recipient's registered DAILYHUMAN wallet, linked to their designated payment card or financial institution account.
Following the issuance of the digital gift order that you as Purchaser select and provide, and until the digital gift order is (1) connected to a valid and active Recipient DAILYHUMAN Account and (2) redeemed by the intended Recipient, the digital gift order will be available to be connected to and received by the Recipient.
To redeem a digital gift order that you receive as a Recipient, you must have or open a valid, active DAILYHUMAN Account connected to one or more valid payment cards or financial institution accounts. The only way you can redeem a digital gift order is by making a Qualifying Purchase at the designated Merchant with the payment card or financial institution account connected to your Account. Any particular digital gift order you receive may be redeemed only at the Merchant designated on the digital gift order. Even if a Merchant accepts other digital gift order, you cannot redeem your specific digital gift order at a Merchant unless the digital gift order is designated for use at that Merchant. A digital gift order may not be redeemed for cash. When you make a Qualifying Purchase with a participating Merchant using your registered payment card or financial institution account at the Merchant for which the digital gift order is designated, you pay the full purchase price at the time of your transaction and, after your purchase is confirmed as a Qualifying Purchase, your digital gift order will be provided to you automatically when we submit a credit to your DAILYHUMAN wallet. In order to redeem a digital gift order, we may require you to provide a receipt for the Qualifying Purchase. Please note that your digital gift order will not be reflected on your transaction receipt from the Merchant at the time of purchase. Instead, once it is confirmed, it will appear on your registered payment card's or financial institution account's statement. If you have more than one digital gift order connected to the same designated Merchant, the digital gift order will be redeemed in the order they were purchased by a Purchaser.
You may not receive the value associated with the digital gift order if the applicable card issuer or financial institution does not post your Qualifying Purchase to your registered payment card or financial institution account for any reason. We and the payment network will not have liability for the failure of a Qualifying Purchase to be posted. If you believe a Qualifying Purchase was not property posted to your registered payment card or financial institution account, please notify us at firstname.lastname@example.org. Neither we nor the business entities (including payment card networks) we partner with in order to provide you with the DAILYHUMAN services is responsible for any finance or other charge, or impact on any rewards, feature, or term of your registered payment card or financial institution account resulting from a posting error involving the DAILYHUMAN Service or the acceptance of a DAILYHUMAN credit to make a payment to the Merchant.
Following a Purchaser's selection, and the issuance to you, of a digital gift order, the digital gift order will be available to be connected to and received by you until you connect the digital gift order to a valid and active Recipient DAILYHUMAN Account. Following the connecting of a digital gift order to your valid and active DAILYHUMAN Account, the digital gift order will be available to be redeemed by you as Recipient.
We reserve the right to deny any digital gift order redemption requests we receive that we deem to be illegitimate or in violation of these Terms. You may not redeem a digital gift order with the intent to immediately cancel or return the applicable product from the Merchant. A "quick cancellation" is considered to be fraudulent and may void your transaction. We may, in our sole discretion, suspend or revoke your right to use the Service, terminate your DAILYHUMAN Account, and/or report your activity to the Merchant, website, and/or service that has referred you to DAILYHUMAN, who each may terminate your Account or take other punitive action if you are found to have engaged in such activity.
The DAILYHUMAN Service provides you as Recipient the ability to receive deposits to your wallet and allow transfers of available cash into a payment card or financial institution account consistent with your valid and active DAILYHUMAN Account. Prior to the disbursement of funds to your card or account, funds are held by M&T Bank (a/k/a Manufacturers and Traders Trust Company) for your benefit. At no time do funds pass into DAILYHUMAN's legal ownership.
Following your redemption of a digital gift order, DAILYHUMAN will notify M&T Bank that funds are to be disbursed to your DAILYHUMAN Wallet. M&T Bank will then disburse funds to your DAILYHUMAN Account Wallet through the appropriate network.
We may, from time to time and in accordance with applicable law, conduct contests, sweepstakes, special offers or promotions, and/or similar activities. We may set forth specific terms and conditions governing any such activity that are in addition to or different from these Terms of Service. Where we set forth specific terms and conditions governing any such activity, those terms and conditions will govern the activity. By participating or otherwise engaging in such activity, you agree to the terms and conditions governing the activity.
No DAILYHUMAN Purchase Transaction is complete, and we will incur no payment or delivery obligations to the Recipient of a digital gift order, until we verify the authenticity of the Purchaser's and Recipient's Accounts. We accept no responsibility for any delays in digital gift order delivery or redemption due to verification requirements. Upon our verification that the Purchase Transaction is valid, we will notify Purchaser of a completed Purchase Transaction and the digital gift order will be delivered to the designated Recipient's DAILYHUMAN wallet.
See Sections "Disclaimer of warranty" and "Limitation of liability" below. If DAILYHUMAN does not debit or credit your Linked Account or debit card in accordance with these Terms, we will be liable for your losses or damages.However, there are some exceptions. We will not be liable, for instance:
We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
In case of errors or questions about your digital gift orders, email us at email@example.com. If you think your Linked Account statement, receipt, or payment history within the Applications are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the Applications, contact us as soon as you can. We must hear from you no later than sixty (60) days after the statement or receipt was delivered to you. In your notification to us, you must:
Tell us your name, email, and phone number associated with your Applications user account.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you, and will correct any error promptly or refer the error to the relevant third party for correction as appropriate. DAILYHUMAN does not take any responsibility over the duration of an error resolution process with a third party.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, contact us at firstname.lastname@example.org.
IF YOUR MOBILE APP LOGIN ID IS LOST OR STOLEN, NOTIFY US AT ONCE by writing to us at email@example.com.
By choosing to use the Applications and the Services, you will receive from time to time disclosures, notices, documents, and any other communications about our Services, the Applications, or DAILYHUMAN from DAILYHUMAN ("Communications"). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
By accepting this Agreement, you agree that electronic Communications shall be considered "in writing" and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:
A mobile device that meets the requirements of our Applications.
You will also need a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you withdraw your consent, we reserve the right to limit or close your DAILYHUMAN Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to DAILYHUMAN such as Subscription Fees or Express Fees even if you withdraw your consent and we close or limit access to the Mobile App and/or the Services.
As noted above, you can update your User Information in the Applications or by emailing us at email@example.com.
The Services may, from time to time, include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
Nothing in these terms shall limit or exclude our liability to you:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
THE APPLICATION, SITE, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYHUMAN AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE "DAILYHUMAN PARTIES") EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE APPLICATIONS, SITE, OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATIONS, SITE, OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
THE DAILYHUMAN PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE APPLICATIONS, SITE, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE DAILYHUMAN PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE APPLICATIONS, SITE, OR THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
CONTENT THAT IS DISPLAYED ON OUR PLATFORM, OR IN CONNECTION WITH OUR SERVICES, IS BASED ON INFORMATION THAT IS SHARED BY USERS OF OUR SERVICES AND DOES NOT NECESSARILY REFLECT THE VIEWS OF THE DAILYHUMAN PARTIES. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT SUCH CONTENT, AND DISCLAIM ALL LIABILITY IN CONNECTION THERETO. IF YOU HAVE A QUESTION ABOUT ANY SUCH CONTENT PLEASE EMAIL US AT firstname.lastname@example.org.
THE DAILYHUMAN PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE TRANSACTIONS ON YOUR USER ACCOUNTS OR ALL THREATS TO YOUR IDENTITY. DAILYHUMAN IS NOT A PARTY TO ANY TRANSACTIONS ON YOUR USER ACCOUNTS AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SUCH TRANSACTIONS.
NONE OF THE DAILYHUMAN PARTIES OWN OR CONTROL THE FEATURES OR SERVICES PROVIDED BY THE THIRD-PARTY PROVIDERS. BEYOND RESPONSIBILITY FOR COMMUNICATION TO YOU ON THE DWOLLA SERVICE IF YOU USE THE DAILYHUMAN WALLET, AND MAKING DWOLLA WHOLE FOR ANY LOSSES BORNE BY CHARGEBACKS, NONE OF THE DAILYHUMAN PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER OR FOR ANY RESULTS CAUSED BY USING THE FEATURES OR SERVICES PROVIDED BY THE THIRD-PARTY PROVIDERS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
NONE OF THE DAILYHUMAN PARTIES ENDORSE ANY USER, OR ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM. NONE OF THE PENNY PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM OR FOR ANY RESULTS CAUSED BY USING SUCH USER GENERATED CONTENT.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
DAILYHUMAN DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APPLICATIONS, SITE, OR SERVICES. DAILYHUMAN IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. DAILYHUMAN ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. DAILYHUMAN WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. DAILYHUMAN DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, DAILYHUMAN IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND DAILYHUMAN IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. DAILYHUMAN IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
THE DAILYHUMAN PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATIONS, SITE, OR THE SERVICES, THE DAILYHUMAN MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE APPLICATIONS, SITE, OR THE SERVICES, EVEN IF DAILYHUMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DAILYHUMAN PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE APPLICATIONS, SITE, OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE APPLICATIONS, SITE, OR THE SERVICES. IN NO EVENT WILL THE DAILYHUMAN PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATIONS, SITE, OR THE SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the DAILYHUMAN Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys' fees arising out of or relating to
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. DAILYHUMAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of DAILYHUMAN.
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED BELOW UNDER "OPT-OPT OUT ARBITRATION PROVISION".
You and DAILYHUMAN agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section (the "Arbitration Provision"), unless you opt out as provided below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise below in the last sentence of the "No Class Actions" section) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to email@example.com, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to firstname.lastname@example.org at any time.
The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call +1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call +1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section shall be determined exclusively by a court and not by the administrator or any arbitrator.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than "No Class Action" section is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in "No Class Action" section are finally adjudicated pursuant to the last sentence of "No Class Action" to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and DAILYHUMAN agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Manhattan, New York, New York. Both you and DAILYHUMAN consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Except for the Section on "Dispute resolution by binding arbitration", which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of New York, without regard to conflict-of-law rules.
You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Plaid Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement's remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if DAILYHUMAN does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies DAILYHUMAN has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at the email address you provide to us when signing up for an account. All notices and information we provide to you shall be in English.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by laws of the State of New York, except where local state or federal laws expressly require otherwise.
Subject to the next paragraph, you agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
Additional Terms. In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the "Additional Terms"), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control.
Please submit any questions you have about these terms, or any complaint or concern in relation to any Service by email to email@example.com.