This Terms of Service Agreement ("Agreement") is between iDAYLIFF ("iDAYLIFF ", "us", "we", or "our") and you ("you", "your" or "user"). By accessing or using the idayliff website, products, or services (collectively, "Services"), you agree to be bound by this Agreement. If you do not agree with this Agreement, you must not access or use the Services.
Subject to the terms and conditions of this Agreement, iDAYLIFF hereby grants you a non-exclusive, non-transferable, revocable license to use the Services solely for your personal or internal business use. You acknowledge and agree that iDAYLIFF retains all ownership and intellectual property rights in the Services and any modifications or enhancements thereof.
You are solely responsible for all content, including but not limited to text, graphics, images, videos, and other material that you upload, publish, or display on the Services ("User Content"). You represent and warrant that you have all necessary rights to use, reproduce, distribute, and display User Content on the Services and that User Content does not infringe or misappropriate any third-party rights.
You agree that you will not engage in any of the following prohibited conduct:
The services are provided on an "as is" basis, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the services, including without limitation the software licensed to you and the results obtained through the services. Specifically, we disclaim any and all warranties, including without limitation:
Notwithstanding any advice to the contrary, in no event shall idayliff be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the services or this agreement, including but not limited to damages for loss of profits, loss of use, business interruption, or loss of data. Price paid by you for the services giving rise to such claim will never be more than the amount of our liability for any claim, whether in contract, tort, or under any other theory of liability.
You acknowledge that your use of the Services, your User Content, or your violation of this Agreement may give rise to claims or demands from third parties and that you will defend and hold iDAYLIFF, its affiliates, officers, agents, and employees harmless from any such claims or demands, including reasonable legal fees.
iDAYLIFF may terminate your access to the Service, in its sole discretion, at any time and without prior notice, including, without limitation, for violation of these Terms of Service or any other agreement between you and iDAYLIFF. Upon termination of your access to the Service, you agree to immediately cease all use of the Service.
Without regard to any principles of conflict of law, these terms of service shall be governed by and interpreted in accordance with the laws of the country of Kenya. You acknowledge and agree that any legal or equitable proceeding arising out of or connected with these Terms of Service or your use of the Service may only be brought in Kenyan courts, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of litigating any such legal or equitable proceeding.
These Terms of Service constitute the entire agreement between you and iDAYLIFF regarding the use of the Service, and supersede all prior or contemporaneous agreements or understandings, whether written or oral, between you and iDAYLIFF regarding the use of the Service.
iDAYLIFF may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service, or transfer or sublicense your rights under these Terms of Service, to any third party without the prior written consent of iDAYLIFF.
The failure of iDAYLIFF to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.