Terms of Service

Last updated: August 15, 2025

Important Notice

Please read these Terms of Service carefully before using DaytaBrain. By accessing or using our service, you agree to be bound by these terms. If you do not agree to these terms, please do not use our service.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DaytaTech.ai, Inc. ("DaytaBrain," "we," "us," or "our") regarding your use of the DaytaBrain platform and related services.

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using DaytaBrain on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Service Description

DaytaBrain Platform

DaytaBrain is an AI-powered data analysis platform that provides:

  • Automated data analysis and insights generation
  • AI-powered business intelligence and recommendations
  • Data visualization and reporting tools
  • Implementation planning and strategy development
  • File comparison and analysis capabilities

Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. We may temporarily suspend or restrict access for maintenance, updates, or other operational reasons.

3. User Accounts & Registration

Account Creation

  • You must provide accurate and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old to create an account
  • One person or entity may not maintain multiple accounts

Account Security

  • You are responsible for all activities that occur under your account
  • Notify us immediately of any unauthorized access or security breaches
  • Use strong passwords and enable two-factor authentication when available
  • Do not share your account credentials with others

Account Termination

You may terminate your account at any time through your account settings. We may suspend or terminate accounts that violate these Terms or for other legitimate business reasons.

4. Acceptable Use Policy

Permitted Uses

  • Analyze your own data or data you have legal rights to use
  • Generate business insights and implementation plans
  • Use our platform for legitimate business purposes
  • Share results within your organization as permitted by your subscription

Prohibited Uses

You may not use DaytaBrain to:

  • Upload or analyze data you do not have legal rights to use
  • Violate any applicable laws, regulations, or third-party rights
  • Attempt to reverse engineer, hack, or compromise our platform
  • Upload malicious code, viruses, or harmful content
  • Interfere with or disrupt our services or servers
  • Use our platform for illegal activities or fraud
  • Resell or redistribute our services without authorization
  • Upload personal data of individuals without proper consent
5. Data Handling & Privacy

Your Data

  • You retain ownership of all data you upload to our platform
  • You grant us a limited license to process your data to provide our services
  • We do not use your data to train our AI models or for other customers
  • Uploaded files are processed temporarily and deleted after analysis

Data Security

  • We implement industry-standard security measures to protect your data
  • All data transmission is encrypted using SSL/TLS protocols
  • We regularly audit our security practices and infrastructure
  • Access to your data is restricted to authorized personnel only

Data Compliance

You are responsible for ensuring that your use of our platform complies with applicable data protection laws, including GDPR, CCPA, and other relevant regulations.

6. Subscription & Billing

Subscription Plans

  • We offer various subscription plans with different features and usage limits
  • Plan details, pricing, and features are available on our pricing page
  • We may modify plans and pricing with 30 days' notice
  • Grandfathered pricing may apply to existing subscribers

Payment Terms

  • Subscriptions are billed monthly or annually in advance
  • All payments are processed securely through Stripe
  • Prices are in USD unless otherwise specified
  • You authorize us to charge your payment method for recurring subscriptions

Refunds and Cancellations

  • You may cancel your subscription at any time through your account settings
  • Cancellations take effect at the end of the current billing period
  • We offer a 30-day money-back guarantee for new subscribers
  • Refunds are processed to the original payment method within 5-10 business days

Failed Payments

If a payment fails, we will attempt to collect payment for up to 7 days. If payment cannot be collected, your account may be suspended or downgraded to a free plan.

7. Intellectual Property

Our Intellectual Property

  • DaytaBrain platform, software, and technology are our proprietary property
  • Our trademarks, logos, and brand elements are protected intellectual property
  • You may not copy, modify, or create derivative works of our platform
  • Any feedback or suggestions you provide may be used by us without compensation

Your Content

  • You retain all rights to your data and content
  • You grant us a license to use your content solely to provide our services
  • You represent that you have the right to upload and analyze your data
  • Generated insights and reports are your property
8. Disclaimers & Limitations

Service Disclaimer

DaytaBrain is provided "as is" without warranties of any kind. We do not guarantee the accuracy, completeness, or reliability of AI-generated insights and recommendations.

AI-Generated Content

  • AI insights are generated based on data patterns and may not always be accurate
  • You should verify and validate all recommendations before implementation
  • We are not responsible for business decisions made based on our insights
  • Results may vary based on data quality and completeness

Limitation of Liability

To the maximum extent permitted by law, our liability is limited to the amount you paid for the service in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

9. Termination

Termination by You

  • You may terminate your account at any time
  • Cancellation takes effect at the end of your billing period
  • You can export your data before termination
  • Some data may be retained as required by law

Termination by Us

We may terminate or suspend your account if you:

  • Violate these Terms of Service
  • Engage in fraudulent or illegal activities
  • Fail to pay subscription fees
  • Pose a security risk to our platform or other users

Effect of Termination

  • Your access to the platform will be immediately suspended
  • Your data will be deleted within 30 days unless legally required to retain
  • Outstanding fees remain due and payable
  • Provisions that should survive termination will remain in effect
10. Governing Law & Disputes

Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Dispute Resolution

  • We encourage resolving disputes through direct communication first
  • Disputes will be resolved through binding arbitration in San Francisco, CA
  • Class action lawsuits are waived except where prohibited by law
  • Small claims court disputes are exempt from arbitration requirements
11. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes:

  • We will provide at least 30 days' notice via email or platform notification
  • The updated Terms will be posted on our website with a new effective date
  • Your continued use of the service constitutes acceptance of the new Terms
  • If you disagree with changes, you may terminate your account
12. Contact Information

If you have questions about these Terms of Service, please contact us:

Email: legal@daytatech.ai

Support: support@daytatech.ai

Address: DaytaTech.ai, Inc.
831 Auburn Rd ste 210 #3077
Dacula, GA 30019
United States