TERMS OF SERVICE
Last Updated: 8 March 2022
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Room HC (“Room HC”, “WE”) STATING THE TERMS THAT GOVERN YOUR USE OF THE FOLLOWING Room HC WEBSITES AND THEIR ASSOCIATED MOBILE AND DESKTOP APPLICATIONS:(a) DayCost 2 (www.daycost.net) (b) www.daycost.net PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THESE SITES AND APPS. By using our Sites and Apps, you understand, acknowledge and agree that you will abide by these Terms of Service (“Terms”) and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services. If you do not agree to these Terms, do not use ourSites or Apps. Any rights not expressly granted herein are reserved by Room HC.
- About the Sites and Apps. Room HC has developed the mobile and/or desktop applications (“Apps”) together with their associated websites as listed above (“Sites”). These Terms also apply to any other Apps or Sites owned or developed by Room HC. The Sites and their associated Apps may be referred to collectively herein as the “Service.”
- Use of Content. For the purposes of this document, “Content” means (i) all text, graphics, data files, visual interfaces, photographs, videos, images, trademarks, logos, artworks, sounds, music,
computer code and all materials, including but not limited to the design, coordination and arrangement of such Content, contained on the Sites; and (ii) all derivative works created by Room HC or provided by the users and published on the
Sites or the Apps. All Content is owned, controlled or licensed by or to Room HC and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information purposely made available by Room HC for downloading from the Sites, provided that (1) the copyright notice appears in all copies of the files downloaded, (2) such information from the Sites is used only for your personal, non-commercial informational purposes and will not be copied or posted on any network computer or broadcast it in any media, (3) no modifications to such information are made.
- Enhanced Subscription-Based Services. Several of our Apps offer an enhanced level of service via monthly, semi-annual, and annual subscriptions, details of which are as follows:
(a) DayCost 2 Plus: A DayCost 2 Plus subscription enables users to create multiple ledgers, share data between devices on and across multiple platforms (iOS/Mac), and among other users.
- Subscription Information. A monthly subscription will automatically renew each month on the same day of the month as your original subscription on an ongoing basis unless you cancel. An annual
subscription will automatically renew each year on the same day of the year as your original subscription on an ongoing basis unless you cancel.
(a) Modifications and Cancellations: To view, change, or cancel your subscription, follow the instructions for your operating system:
(b) Free Trial Period: If you subscribed under a free trial period offer, you will be charged the subscription fee at the conclusion of the free trial period unless you cancel your subscription prior to that date.
Third Party Services. Some Apps may request access to certain services offered by or through third parties (“Third-Party Services”). In order to utilize those Apps that use or gather information from Third-Party Services, you hereby authorize us to share your account data with such Third-Party Service Providers to the extent necessary to deliver their service.
Any use of these third party services to obtain and provide your account information maintained by any third parties as part of your usage of our Site and Apps grants us a limited power of attorney, and appointment of Room HC as your attorney-in-fact and authorized agent, to access third party websites, to obtain and use your information with the full power and authority as you could to deliver our Site and Apps. Furthermore, you acknowledge and agree that our access and retrieval of your third party account information is done at your direction, as your authorized agent, and attorney-in-fact, and not as the agent of or on behalf of any other party.
If you access and use the Third-Party Services, you are solely responsible for evaluating and assessing any Third-Party Services including terms and conditions which apply. We shall access, use, process and store your information and account data strictly in accordance with these Terms, and solely for the express purpose of providing you with the services offered by our Apps.
- Your Responsibilities. Your right to use the Apps is conditioned on your compliance with the following responsibilities:
(a) You are solely responsible for maintaining the confidentiality and security of your account access information.
(b) You are solely responsible for compliance with the applicable laws, rules and regulations in the jurisdiction(s) in which you use the Apps and any liability arising from your failure to do so is expressly disclaimed.
(c) You are solely responsible for ensuring that your use of the Apps does not violate any applicable terms and conditions, policies, guidelines, regulations and restrictions of your financial institution(s), and hereby acknowledge and agree that your are solely responsible for verifying compliance with your financial institution’s terms and conditions, policies, guidelines, regulations and restrictions and any liability derived from your failure to do so is expressly disclaimed.
(d) You are solely responsible for any communication and information submitted to us, such as your account registration information, including by electronic mail or otherwise through the online channels offered in the Apps. We assume that any communication received through use of the App was sent or authorized by you and that any such communication is compliant with applicable laws including anti-spam laws.
(e) You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any of your account information (including, but not limited to, your mobile device). We reserve the right to deny access to any App if we reasonably believe that any loss, theft, or unauthorized use of your account information has occurred. Such denial of access may without limitation enable us to investigate said loss, theft or unauthorized use of any of your account information.
- Prohibitions. You are strictly prohibited from engaging in any of the following activities in connection with your use of the Apps:
(a) Reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to any App;
(b) Share the App with other users without our prior written consent;
(c) Move, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Apps or any duplicates thereof;
(d) Engage in any acts that mar, interfere, destroy, or access in an illegitimate fashion the servers, network connectivity, or other aspects or services of any third party; and
(e) Using the Apps in any manner that violates applicable statutes, rules, or regulations, or facilitating and/or encouraging third parties to use the Apps or information offered through the Apps that in any way may result in felonious, fraudulent, or other illegal acts.
No Unlawful or Prohibited Use. You may not attempt to gain unauthorized access to any portion of the Service, or any other accounts, computer systems or networks connected to the Service, by hacking, password “mining” or any other illegitimate means. You may not use any device, software or routine to interfere with the proper working of the Service or damage our Service. You may not use the Service in any manner that could interfere with any other party’s use and enjoyment of any Site or App. You may not use any automated device, scripts, program or methodology, including but not limited to “deep-link”, “page-scrape”, “spider”, “robot”, or any similar manual process, to collect any information, materials or documents or otherwise interact with the Sites through any means not purposely made available to you through the Sites. You may not exploit the Service in any way where the purpose is to reveal any information, other than the information purposely made available to you through the Service. You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Room HC or third parties.
- Privacy. Room HC is committed to protecting your privacy. Our use of your personal information is governed by the terms of our general Website Privacy
exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order. We reserve the right to use, share or publicly disclose anonymized aggregated data for
any legitimate business purpose, including, but not limited to:
(a) Providing, supporting and improving the Service and the Apps;
(b) Conducting analytical research, compiling statistical reports and tracking performance;
(c) Developing and/or improving other Room HC services or products.
Links to Third Party Sites. The Sites may contain links to other independent third-party Web sites (“Linked Sites”). Room HC is providing these links to you solely as a convenience. The Linked Sites are not under the control of Room HC, and the inclusion of any link does not imply endorsement by Room HC of the Linked Site. Room HC is not responsible for the content of such Linked Sites.
Modification of Service. Room HC reserves the exclusive right to update, modify or change all or any portion of our Apps or Sites, and any applicable policies or terms at any time, without notice. Room HC may also modify, suspend, interrupt, discontinue, or terminate operation of or access to the Service or any portion thereof, for any reason at any time, without notice.
Temporary Suspension. Room HC reserves the exclusive right, in its sole discretion, to temporarily suspend your access in the event of Service degradation or instability, an emergency, Force Majeure, or exposure of a critical security vulnerability. Room HC will notify you as soon as reasonably practicable, but will have no responsibility, under any circumstances, for any liabilities, losses, lost profits, or damages that might arise in relation to Room HC’s suspension of access to its Service.
- Disclaimers. The Service may contain inaccuracies or errors that could cause failures or loss of your data. USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Room HC DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE ACCURATE, TIMELY, SECURE, ERROR-FREE, UP-TO-DATE, COMPLETE, OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Room HC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE SERVICE AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. Room HC DOES NOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. Room HC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Room HC FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP
USING THE SERVICE OR ANY SUCH CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Room HC WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SERVICE PROVE DEFECTIVE, Room HC SHALL NOT HAVE ANY OBLIGATION TO
PROVIDE SERVICING, REPAIR, CORRECTION AND YOU SHALL ASSUME THE ENTIRE COST OF SUCH SERVICING, REPAIR OR CORRECTION.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, defect, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Room HC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITES,
HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF Room HC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Room HC DISCLAIMS ALL LIABILITY WITH RESPECT TO
ITS CESSATION TO MAKE THE SERVICE AVAILABLE TO YOU WHEN SUCH CESSATION RESULTS FROM THE SERVER SHUTDOWN EITHER ACCIDENTAL OR INTENTIONAL. NO ACTION, EITHER UNDER STATUTORY LAW, COMMON LAW, TORT OR CONTRACT, REGARDLESS OF FORM, ARISING OUT
OF THIS AGREEMENT SHALL BE BROUGHT AGAINST Room HC MORE THAN SIX (6) MONTHS FROM THE DATE SUCH PARTY FIRST BECOMES AWARE OF THE CAUSE OF ACTION.
Some jurisdictions do not allow the limitation of liability. In such jurisdictions, Room HC’s liability to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content is limited to the greatest extent permitted by law, or $50, whichever is less.
Indemnification. To the extent permitted by law, you agree to indemnify and hold harmless, and upon Room HC’s request, defend, Room HC, its directors, shareholders, officers, employees, independent contractors and agents (each an “Room HC Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs, incurred by an Room HC Indemnified Party due to or arising from or in connection with your use of the Service. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS ANY AND ALL THIRD-PARTY SERVICE PROVIDERS IN RESPECT OF ANY LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING FROM YOUR USE OF THE APPS.
No Warranty: Room HC makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. Room HC PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
- Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by Shenzhen before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Choice of Law. Any dispute arising out of or in connection with this Agreement or our services shall be brought to the People's Court of Nanshan District, Shenzhen, Guangdong Province, and the laws of the People's Republic of China shall be the governing law.
Limitation of Actions. Any claim or cause of action arising out of your use of the website or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Room HC to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Service and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
Violation of These Terms. You agree that Room HC may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms or other agreements or guidelines which may be connected with your use of the e. You also agree that in case of any violation by you of these Terms Room HC will be entitled to recover monetary damages and obtain any injunctive or equitable relief that Room HC deems necessary or appropriate in such circumstances. You agree that Room HC will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms. If Room HC takes any legal action against you as a result of your violation of these Terms, Room HC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Room HC.
- For Certain Device Users: The Service may be available via the Apple App Store platform (for Apple devices) and
other mobile application platform providers (“Platform Providers”). Regardless of the version of the Service you are use, the following additional terms apply:
(a) These Terms are between you and Room HC only, and not with any Platform or other Service Provider (collectively, “Service Providers”). The ServiceProviders are not responsible for the Service or its functions, and have no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of Room HC.
(b) In the unlikely event of any failure of the Service to operate in accordance with any applicable warranty, you may notify the ServiceProvider, it may refund the purchase price; and to the maximum extent permitted by applicable law, the ServiceProvider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
(c) Service Providers are not responsible for addressing claims brought by you or any third party that relate to the Service, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Room HC is solely responsible for addressing any such claims.
(d) In the event of any third-party claim that the Service or your possession or use thereof infringes that third party’s intellectual property rights, Room HC, and not the Service Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(e) The Service Provider and its subsidiaries are third party beneficiaries of these Terms, and the Service Provider will have the right (and will be deemed to have accepted the right) to enforce this Terms against you as a third party beneficiary thereof.
If you have any questions about this agreement, please contact us here.