Terms of Service

Terms of Service

Last updated: 06/01/2021

1.     Introduction

Welcome to Weekday, Inc (“Company”, “we”, “our”, “us”)! As you havejust clicked our Terms of Service, please pause, grab a cup of coffee andcarefully read the following pages. It will take you approximately20 minutes.

These Terms of Service (“Terms”, “Terms of Service”)govern your use of our web pages located at http://weekday.works/ operatedby Weekday, Inc

Our Privacy Policy also governs your use ofour Service and explains how we collect, safeguard and disclose informationthat results from your use of our web pages. Please read it herehttps://www.weekday.works/privacy.

Your agreement with us includes theseTerms and our Privacy Policy (“Agreements”).You acknowledge that you have read and understood Agreements, and agree to bebound of them.

If you do not agree with (or cannot complywith) Agreements, then you may not use the Service, but please let us know byemailing at founders@weekday.works so we can try to find a solution. TheseTerms apply to all visitors, users and others who wish to access or useService.

Thank you for being responsible.

2.     Communications

By creating an Account on our Service, you agree tosubscribe to newsletters, marketing or promotional materials and otherinformation we may send. However, you may opt out of receiving any, or all, ofthese communications from us by following the unsubscribe link or by emailingat.

3.     Purchases

If you wish to purchase any product or service madeavailable through Service (“Purchase”),you may be asked to supply certain information relevant to your Purchaseincluding, without limitation, your credit card number, the expiration date ofyour credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legalright to use any credit card(s) or other payment method(s) in connection withany Purchase; and that (ii) the information you supply to us is true, correctand complete.

We may employ the use of third party services for thepurpose of facilitating payment and the completion of Purchases. By submittingyour information, you grant us the right to provide the information to thesethird parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order atany time for reasons including but not limited to: product or serviceavailability, errors in the description or price of the product or service,error in your order or other reasons.

We reserve the right to refuse or cancel your order iffraud or an unauthorized or illegal transaction is suspected.

4.     Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions(collectively, “Promotions”) madeavailable through Service may be governed by rules that are separate from theseTerms of Service. If you participate in any Promotions, please review theapplicable rules as well as our Privacy Policy. If the rules for aPromotion conflict with these Terms of Service, Promotion rules will apply.

5.     Subscriptions

Some parts of Service are billed on a subscription basis(“Subscription(s)”). You will bebilled in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly orannual basis, depending on the type of subscription plan you select whenpurchasing a Subscription.

At the end of each Billing Cycle, your Subscription willautomatically renew under the exact same conditions unless you cancel itor Weekday, Inc cancels it. You may cancel your Subscription renewaleither through your online account management page or bycontacting Weekday, Inc customer support team.

A valid payment method, including credit card orPayPal, is required to process the payment for your subscription. You shallprovide Weekday, Inc with accurate and complete billing informationincluding full name, address, state, zip code, telephone number, and a validpayment method information. By submitting such payment information, youautomatically authorize Weekday, Inc to charge all Subscription feesincurred through your account to any such payment instruments.

Should automatic billing fail to occur for anyreason, Weekday, Inc will issue an electronic invoice indicating thatyou must proceed manually, within a certain deadline date, with the fullpayment corresponding to the billing period as indicated on the invoice.

6.     Fee Changes

Weekday, Inc,in its sole discretion and at any time, may modify Subscription fees for theSubscriptions. Any Subscription fee change will become effective at the end ofthe then-current Billing Cycle.

Weekday,Inc will provide you with a reasonable prior notice of any change inSubscription fees to give you an opportunity to terminate your Subscriptionbefore such change becomes effective.

Your continued use of Service after Subscription feechange comes into effect constitutes your agreement to pay the modifiedSubscription fee amount.

7.     Refunds

We issue refunds for Contracts within ninety (90) days ofthe original purchase of the Contract.

8.     Content

Content found on or through this Service are the propertyof Weekday, Inc or used with permission. You may not distribute,modify, transmit, reuse, download, repost, copy, or use said Content, whetherin whole or in part, for commercial purposes or for personal gain, withoutexpress advance written permission from us.

9.     Prohibited Uses

You mayuse Service only for lawful purposes and in accordance with Terms. You agreenot to use Service:

(a)  Inany way that violates any applicable national or international law orregulation.

(b)  Forthe purpose of exploiting, harming, or attempting to exploit or harm minors inany way by exposing them to inappropriate content or otherwise.

(c)  Totransmit, or procure the sending of, any advertising or promotional material,including any “junk mail”, “chain letter,” “spam,” or any other similarsolicitation.

(d)  Toimpersonate or attempt to impersonate Company, a Company employee, anotheruser, or any other person or entity.

(e)  Inany way that infringes upon the rights of others, or in any way is illegal,threatening, fraudulent, or harmful, or in connection with any unlawful,illegal, fraudulent, or harmful purpose or activity.

(f)   Toengage in any other conduct that restricts or inhibits anyone’s use orenjoyment of Service, or which, as determined by us, may harm or offend Companyor users of Service or expose them to liability.

Additionally,you agree not to:

(a)  UseService in any manner that could disable, overburden, damage, or impair Serviceor interfere with any other party’s use of Service, including their ability toengage in real time activities through Service.

(b)  Useany robot, spider, or other automatic device, process, or means to accessService for any purpose, including monitoring or copying any of the material onService.

(c)  Useany manual process to monitor or copy any of the material on Service or for anyother unauthorized purpose without our prior written consent.

(d)  Useany device, software, or routine that interferes with the proper working of Service.

(e)  Introduceany viruses, trojan horses, worms, logic bombs, or other material which ismalicious or technologically harmful.

(f)   Attemptto gain unauthorized access to, interfere with, damage, or disrupt any parts ofService, the server on which Service is stored, or any server, computer, ordatabase connected to Service.

(g)  AttackService via a denial-of-service attack or a distributed denial-of-serviceattack.

(h)  Takeany action that may damage or falsify Company rating.

(i)   Otherwiseattempt to interfere with the proper working of Service.

10.  Analytics

We may use third-party Service Providers to monitor andanalyze the use of our Service.

GoogleAnalytics

GoogleAnalytics is a web analytics service offered by Google that tracks and reports websitetraffic. Google uses the data collected to track and monitor the use of ourService. This data is shared with other Google services. Google may use thecollected data to contextualise and personalise the ads of its own advertisingnetwork.

Formore information on the privacy practices of Google, please visit the GooglePrivacy Terms web page: https://policies.google.com/privacy?hl=en

Wealso encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Firebase

Firebaseis analytics service provided by Google Inc.

You may opt-outof certain Firebase features through your mobile device settings, such as yourdevice advertising settings or by following the instructions provided by Googlein their Privacy Policy: https://policies.google.com/privacy?hl=en

For moreinformation on what type of information Firebase collects, please visit theGoogle Privacy Terms web page: https://policies.google.com/privacy?hl=en

Mixpanel

Mixpanel is providedby Mixpanel Inc.

You can preventMixpanel from using your information for analytics purposes by opting-out. Toopt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/

For moreinformation on what type of information Mixpanel collects, please visit theTerms of Use page of Mixpanel: https://mixpanel.com/terms/

11.  No Use By Minors

Serviceis intended only for access and use by individuals at least eighteen (18) yearsold. By accessing or using any of Company, you warrant and represent that youare at least eighteen (18) years of age and with the full authority, right, andcapacity to enter into this agreement and abide by all of the terms andconditions of Terms. If you are not at least eighteen (18) years old, you areprohibited from both the access and usage of Service.

12.  Accounts

When you create an account with us, you guarantee thatyou are above the age of 18, and that the information you provide us isaccurate, complete, and current at all times. Inaccurate, incomplete, orobsolete information may result in the immediate termination of your account onService.

You are responsible for maintaining the confidentialityof your account and password, including but not limited to the restriction ofaccess to your computer and/or account. You agree to accept responsibility forany and all activities or actions that occur under your account and/orpassword, whether your password is with our Service or a third-party service.You must notify us immediately upon becoming aware of any breach of security orunauthorized use of your account.

You may not use as a username the name of another personor entity or that is not lawfully available for use, a name or trademark thatis subject to any rights of another person or entity other than you, withoutappropriate authorization. You may not use as a username any name that isoffensive, vulgar or obscene.

We reserve the right to refuse service, terminateaccounts, remove or edit content, or cancel orders in our sole discretion.

13.  Intellectual Property

Service and its original content (excluding Contentprovided by users), features and functionality are and will remain theexclusive property of Weekday, Inc and its licensors. Service isprotected by copyright, trademark, and other laws of the United States.Our trademarks and trade dress may not be used in connection with any productor service without the prior written consent of Weekday, Inc.

14.  Copyright Policy

We respect the intellectual property rights of others. Itis our policy to respond to any claim that Content posted on Service infringeson the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf ofone, and you believe that the copyrighted work has been copied in a way thatconstitutes copyright infringement, please submit your claim via emailto founders@weekday.works, with the subject line: “Copyright Infringement”and include in your claim a detailed description of the alleged Infringement asdetailed below, under “DMCA Notice and Procedure for Copyright InfringementClaims”

You may be held accountable for damages (including costsand attorneys' fees) for misrepresentation or bad-faith claims on theinfringement of any Content found on and/or through Service on your copyright.

15.  DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to theDigital Millennium Copyright Act (DMCA) by providing our Copyright Agent withthe following information in writing (see 17 U.S.C 512(c)(3) for furtherdetail):

(a)  anelectronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright's interest;

(b)  adescription of the copyrighted work that you claim has been infringed,including the URL (i.e., web page address) of the location where thecopyrighted work exists or a copy of the copyrighted work;

(c)  identificationof the URL or other specific location on Service where the material that youclaim is infringing is located;

(d)  youraddress, telephone number, and email address;

(e)  astatement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law;

(f)   astatement by you, made under penalty of perjury, that the above information inyour notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf.

You can contact our Copyright Agent via emailat founders@weekday.works

16.  Error Reporting and Feedback

You may provide us either directly atfounders@weekday.works or via third party sites and tools with informationand feedback concerning errors, suggestions for improvements, ideas, problems,complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall notretain, acquire or assert any intellectual property right or other right, titleor interest in or to the Feedback; (ii) Company may have development ideassimilar to the Feedback; (iii) Feedback does not contain confidentialinformation or proprietary information from you or any third party; and (iv)Company is not under any obligation of confidentiality with respect to theFeedback. In the event the transfer of the ownership to the Feedback is notpossible due to applicable mandatory laws, you grant Company and its affiliatesan exclusive, transferable, irrevocable, free-of-charge, sub-licensable,unlimited and perpetual right to use (including copy, modify, create derivativeworks, publish, distribute and commercialize) Feedback in any manner and forany purpose.

The third party sites and tools mentioned above includethe following:

Sentry

Sentry is open-source error tracking solution provided byFunctional Software Inc. More information is available here: https://sentry.io/privacy/

17.  Links To Other Web Sites

Our Service may contain links to third party web sites orservices that are not owned or controlled by Weekday, Inc

Weekday, Inc hasno control over, and assumes no responsibility for the content, privacypolicies, or practices of any third party web sites or services. We do notwarrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Weekday,Inc SHALL NOT BE RESPONSIBLE OR LIABLE,DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSEDBY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS ORSERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE ANDPRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

18.  Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIRSERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOUEXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANYSERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATEDWITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITHCOMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICESOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THESERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESSFOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOTBE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.  Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUROFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDINGATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION ANDARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION ORARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OROTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, ORLOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEENPREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BYLAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TOTHE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCESWILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

20.  Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21.  Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

Our failure to enforce any right or provision of theseTerms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

22.  Changes To Service

We reserve the right to withdraw or amend ourService, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

23.  Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

24.  Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure ofCompany to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

25.  Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

26.  Contact Us

Pleasesend your feedback, comments, requests for technical support:

By email: founders@weekday.works.

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