Welcome, and thank you for your interest in Daytona.io ("Daytona," "we," or "us") and our website at [www.daytona.io](https://www.daytona.io) (the "Site"). These Terms of Service are a legally binding contract between you and Daytona regarding your use of the Site.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
By clicking "I accept," or by otherwise accessing or using the site, you agree that you have read and understood, and, as a condition to your use of the site, you agree to be bound by, the following terms and conditions, including Daytona's privacy policy (together, these "terms"). If you are not eligible or do not agree to the terms, then you do not have our permission to use the site. Your use of the site, and Daytona's provision of the site to you, constitutes an agreement by Daytona and by you to be bound by these terms.
1. Daytona Site Overview
The Site is intended to provide information about Daytona products and services and a means for you to access and use our self-hosted or managed service.
2. Eligibility
You must be at least 13 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with any and all applicable laws and regulations.
3. Grant of License
3.1 Limited License
Subject to your complete and ongoing compliance with these Terms, Daytona grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
3.2 License Restrictions
Except as expressly permitted by Daytona and to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
3.3 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site ("Feedback"), then you hereby grant Daytona an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
4. Ownership; Proprietary Rights
The Site is owned and operated by Daytona. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site ("Materials") provided by Daytona are protected by intellectual property and other laws. All Materials included in the Site are the property of Daytona or its third-party licensors. Except as expressly authorized by Daytona, you may not make use of the Materials. Daytona reserves all rights to the Materials not expressly granted in these Terms.
5. Third-Party Sites
The Site may contain links to third-party websites. Linked websites are not under Daytona's control, and Daytona is not responsible for their content.
6. Prohibited Conduct
By using the Site, you agree not to:
Use the Site for any illegal purpose or in violation of any local, state, national, or international law.
Use the Site for any illegal purpose or in violation of any local, state, national, or international law.
Interfere with security-related features of the Site, including disabling or circumventing features that prevent or limit the use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of any portion of the Site, except to the extent that the activity is expressly permitted by applicable law.
Interfere with the operation of the Site or any user's enjoyment of the Site, including uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide the Site.
Attempt to engage in any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
7. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 7, these Terms may be amended only by a written agreement signed by authorized representatives of the parties. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
8. Term, Termination, and Modification of the Site
8.1 Term
These Terms are effective beginning when you accept the Terms or first access or use the Site and will continue until terminated as described in Section 8.2.
8.2 Termination
If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Daytona may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice.
8.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Site; and (b) Sections 3.3, 4, 8.3, 9, 10, 11, and 12 will survive.
8.4 Modification of the Site
Daytona reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Daytona will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
9. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Daytona and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "Daytona Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or privacy right; (d) Data; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
10. Disclaimers; No Warranties
The site and all materials and content available through the site are provided "as is" and on an "as available" basis. Daytona disclaims all warranties of any kind, whether express or implied, relating to the site, data, materials, and content available through the site. This includes any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement. Additionally, Daytona does not guarantee that the site, any portion of the site, or any materials or content offered through the site will be uninterrupted, secure, or free of errors, viruses, or harmful components. Daytona also does not guarantee that any issues with the site will be corrected.
Any advice or information obtained from the site or Daytona entities, including materials or content available through the site, does not create any warranty regarding Daytona entities or the site beyond what is expressly stated in these terms. We are not responsible for any damage that may result from the site or your interactions with other site users. You understand and agree that your use of the site is at your own discretion and risk, and we are not liable for any damage to your property or loss of data, including damage to your computer system or mobile device used in connection with the site.
These limitations, exclusions, and disclaimers apply to the fullest extent permitted by law. Daytona does not waive any warranty or other rights that are prohibited from being disclaimed under applicable law.
11. Limitation of Liability
To the fullest extent permitted by law, the Daytona entities will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to or use of the site, including any data, materials, or content on or made available through the site. This includes damages for loss of profits, goodwill, or any other intangible loss, regardless of whether the Daytona entities have been informed of the possibility of such damage. These damages may arise from warranty, contract, tort (including negligence), statute, or any other legal theory.
To the fullest extent permitted by law, the total liability of the Daytona entities to you for all claims arising out of or relating to the use of any portion of the site or under these terms is limited to $100.
Each provision in these terms that limits liability, disclaims warranties, or excludes damages is intended to allocate the risks between the parties. This allocation is an essential part of the agreement between the parties. Each of these provisions is independent and can be enforced separately from the other provisions in these terms. The limitations in this section will still apply even if any limited remedy fails to fulfill its essential purpose.
12. Miscellaneous
12.1 General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and Daytona regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
12.2 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You and Daytona submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States, California for resolution of any lawsuit or court proceeding permitted under these Terms.
12.3 Privacy Policy
You acknowledge and agree that except as described in these Terms, any personal information you enter into the Site or that we collect from you in the provision of the Site will be processed in accordance with the Daytona Privacy Policy. The Daytona Privacy Policy is incorporated by reference into, and made a part of, these Terms.
12.4 Data
You are solely responsible for any data and information (including personal information) entered into, provided, or used by you in connection with the Site ("Data") and for complying with any privacy or data protection laws and regulations applicable to Data and your use of the Site. You hereby grant Daytona the right to collect, process, transmit, store, use, and disclose Data to provide the Site and as otherwise set forth in this Agreement and the Daytona Privacy Policy.
12.5 Analytics Data
You acknowledge and agree that Daytona may collect, create, process, transmit, store, use, and disclose aggregated and/or deidentified data derived from Data or use of the Site ("Analytics Data") for its business purposes, including for industry analysis, benchmarking, and analytics.
12.6 Information Security
Daytona will implement commercially reasonable security measures that are designed to protect Data in its possession or control against unlawful or unauthorized access, use, alteration, or disclosure.
12.7 Additional Terms
Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12.8 Consent to Electronic Communications
By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
12.9 Contact Information
The Site is offered by Daytona Platforms Inc., located at:
Daytona Platforms Inc.
224 W 35th St Ste 500#297
New York, NY 10001
USA
You may contact us by sending correspondence to that address or by emailing us at:
Email: support@daytona.io
12.10 Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing to the Adress or Email in Section 12.9, in order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site.
12.11 International Use
The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.