End-User Terms

1. What this document is, in one paragraph

You reached a page or received a message that DailyBuilt operates on behalf of a business — for example an appointment booking page, a document you were asked to sign, an invoice payment page, a contact or inquiry form, an email, or a text message. The business you are dealing with is the one providing the actual product, service, care or advice. DailyBuilt is the software company that runs the page and delivers the message for that business. These End-User Terms are the agreement between you and DailyBuilt about your use of those pages and messages. They do not change, replace, or add to whatever agreement you have with the business itself.

2. Definitions

Throughout this document:

• "DailyBuilt," "we," "us," "our" means DailyBuilt, Inc., a Delaware corporation (mailing address: c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808).
• "Business" means the company, practice, professional, or organization that uses DailyBuilt's software and on whose behalf a Surface is presented to you. On any Surface, the Business is identified by name.
• "Surface" means any DailyBuilt-hosted page, form, document, email, or text message made available to you on behalf of a Business, including booking pages at a Business's DailyBuilt address (for example, businessname.dailybuilt.co/book), electronic signature pages, invoice payment pages, inquiry and contact forms, transactional and marketing emails sent through DailyBuilt (including replies routed through reply.dailybuilt.co), and text messages sent through DailyBuilt.
• "You," "your" means the individual using a Surface. If you use a Surface on behalf of another person or an organization, "you" means both you and that person or organization, and you represent that you are authorized to act for them.
• "Service" means the Surfaces and the DailyBuilt functionality behind them.
• "Terms" means these End-User Terms, together with the documents they incorporate: the DailyBuilt Privacy Policy, the Consumer Privacy Notice, the Acceptable Use Policy, and, where you receive text messages, the SMS Terms.

3. Your agreement to these Terms

By using a Surface — including by submitting a booking, submitting a form, signing a document, making a payment, opening a link we send you, or replying to a message we deliver for a Business — you agree to these Terms. If you do not agree, do not use the Surface; contact the Business directly by phone, in person, or by any other method it offers.

When you submit a booking, sign a document, or make a payment, a notice presented with the submit control tells you that clicking that button means you agree to these Terms and acknowledge the Consumer Privacy Notice.

If you are under 18, do not use a Surface except with the involvement of a parent or legal guardian. If you are under 13, do not use a Surface at all. If a Business asks you to sign as a parent, guardian, or authorized representative of another person, you represent that you have the legal authority to do so and that your signature binds that person.

4. The Business is the provider — DailyBuilt is not

This section is the most important one in this document. Please read it.

4.1 Roles. The Business, not DailyBuilt, is solely responsible for: the services, products, treatment, care, or advice you receive or are offered; its prices, availability, scheduling, cancellation and no-show policies; the accuracy and content of anything it publishes on a Surface, including service descriptions, intake questions, and documents it sends you to sign; its own privacy practices and its handling of the information you give it; and its compliance with every law that applies to its business, its profession, and its licensure.

4.2 No professional relationship with DailyBuilt. Using a Surface does not create a physician-patient, therapist-client, attorney-client, accountant-client, fiduciary, advisory, or any other professional relationship between you and DailyBuilt. DailyBuilt does not provide medical, dental, mental-health, legal, tax, financial, insurance, or any other professional advice or services, and does not review, verify, endorse, or supervise the Business's advice, credentials, licensure, insurance, qualifications, or work. Any professional relationship you have is with the Business alone.

4.3 We do not verify Businesses. We do not independently confirm that a Business is licensed, insured, qualified, solvent, or truthful, and we do not screen or approve the documents, prices, intake questions, or claims a Business puts in front of you. Businesses agree to our Acceptable Use Policy and to lawful use of the Service, but that is a contract between us and them — it is not a warranty to you.

4.4 Not an emergency service. The Surfaces are not monitored in real time and must never be used for medical emergencies, urgent clinical needs, crisis situations, or anything requiring an immediate response. If you have a medical emergency, call 911 or go to the nearest emergency room. If you are in crisis, call or text 988 (Suicide & Crisis Lifeline). Do not use a booking form, intake question, inquiry form, email reply, or text message to report an emergency.

4.5 Documents are the Business's documents. Any document you are asked to sign — a consent form, an agreement, an intake packet, a policy acknowledgment — was selected, adopted, and sent by the Business. DailyBuilt supplies templates to some Businesses as a starting point, but DailyBuilt does not draft, review, approve, or provide legal advice about any document you sign, and the terms of that document are between you and the Business. If you do not understand a document, do not sign it; ask the Business, or consult your own lawyer.

4.6 Disputes with the Business. If you have a complaint about a service you received, a charge, a refund, an appointment, a document, or the Business's conduct, raise it with the Business. DailyBuilt is not a party to your agreement with the Business, has no authority to resolve it, and does not act as an arbitrator, ombudsman, or escrow agent between you and the Business. Section 14 (Arbitration) governs only disputes between you and DailyBuilt.

5. Booking and scheduling

When you book through a Surface, you are requesting or making an appointment with the Business, not with DailyBuilt. The Business sets its own availability, services, prices, deposits, cancellation windows, and no-show fees, and it — not DailyBuilt — decides whether to accept, reschedule, or cancel your appointment. Times shown are calculated in the time zone the Surface displays; confirm the time zone before you rely on it. If an appointment does not appear, is double-booked, is cancelled, or is not honored, contact the Business.

Some booking pages ask you additional questions the Business has configured ("intake questions"). The Business chooses those questions and receives every answer. Answer only what you are comfortable sharing, and do not put emergency information, payment card numbers, or government identification numbers into a free-text field.

6. Electronic records and electronic signatures

This section is DailyBuilt's consumer disclosure under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001(c), and comparable state law including the Florida Uniform Electronic Transaction Act, Fla. Stat. § 668.50. Read it before you sign anything electronically.

6.1 Your consent. When you check the consent box and complete a signing page, you consent to (a) conduct that transaction with the Business electronically, (b) receive the related records electronically instead of on paper, and (c) sign electronically. Your electronic signature has the same legal effect as a handwritten signature on paper.

6.2 Scope of your consent — this transaction only. Your consent applies only to the specific document or transaction presented to you at the time you give it, and to the records that directly relate to that same transaction — the completed and signed copy, its certificate of completion, and delivery confirmations for it. It does not apply to any other category of record, to future documents, or to the Business's ongoing relationship with you. If the Business sends you another document to sign, you will be asked to consent again on that document.

6.3 Your right to a paper copy, and how to get one.

• You may obtain a paper (non-electronic) copy of any record you sign.
• The Business is the party that provides the record to you, so request the paper copy from the Business, using the contact information the Business shows on the Surface or in the email that delivered the document to you. The Business may charge you a fee for a paper copy; DailyBuilt charges no fee for a paper copy. Ask the Business about any fee before you request one.
• You can also download a PDF of the signed document — including its certificate of completion — from the signing page immediately after you sign, and print it yourself at no charge from DailyBuilt.
• If the Business does not respond, email us at hello@dailybuilt.co and we will pass your request to the Business. We hold the record on the Business's behalf and cannot release, alter, or destroy it without the Business's instruction.

6.4 Your right to withdraw consent, how to do it, and what happens.

• You may withdraw your consent to receive records electronically and to sign electronically at any time before you complete the signing.
• How: simply close the page without signing, decline the document using the decline option on the signing page, or tell the Business in writing that you want to proceed on paper. To withdraw consent for records the Business sends you after signing, contact the Business directly in writing.
• Consequences: withdrawing consent has no penalty or fee from DailyBuilt. However, it means the transaction cannot be completed through DailyBuilt's electronic signing process, and you will need to arrange a paper or in-person alternative with the Business. The Business — not DailyBuilt — decides whether it offers a paper alternative, on what timeline, and whether declining to sign electronically delays, changes, or ends its services to you, and it may charge its own fees. Ask the Business before you withdraw if that matters to you.
• Withdrawing consent does not affect the legal validity or enforceability of any document you already signed electronically.

6.5 Hardware and software you need. To access, sign, and retain electronic records through the Service you need all of the following:

• a device with internet access;
• a current version of a modern web browser that supports TLS 1.2 or higher and has JavaScript and cookies enabled (for example, the current or immediately prior major release of Google Chrome, Apple Safari, Microsoft Edge, or Mozilla Firefox);
• a valid email address that you can access, and an email program or webmail service capable of receiving mail from our sending domains (do not use an address that strips links or blocks external mail);
• software able to open and read PDF files (for example, Adobe Acrobat Reader or your device's built-in PDF viewer);
• enough local storage, or a connected printer, to save or print a copy of the record for your files; and
• for signing pages that use a drawn signature, a device that accepts mouse, trackpad, or touch input.

If these requirements change in a way that creates a material risk that you cannot access or retain your records, we will notify you and give you the chance to withdraw your consent without any fee from DailyBuilt.

6.6 Confirming you can access electronic records. By checking the consent box and continuing on a page that is itself delivered in the electronic form we use for records, you confirm that you can access and read information presented this way, and that you can save or print it. If at any point you cannot open, read, save, or print a record, stop and do not sign — contact the Business or email hello@dailybuilt.co.

6.7 Keeping your contact information current. We and the Business reach you at the email address, and any mobile number, you provided. To update that information, contact the Business directly — the Business controls its own records and is the only party that can change them. There is no charge from DailyBuilt for updating your contact information. If you cannot reach the Business, email hello@dailybuilt.co and we will forward your request. If an email we send you bounces or is undeliverable, we may stop sending to that address.

6.8 What is recorded when you sign. When you view, sign, or decline a document, the Service records the date and time, your IP address, and your browser's user-agent string, and includes them in the certificate of completion attached to the signed document. That record is created for the Business, is kept as part of the signed record, and is available to the Business and to you.

6.9 Who owes you this consent. Where a law requires a record to be given to you in writing, the Business — not DailyBuilt — is the party responsible for obtaining your consent to receive that record electronically under 15 U.S.C. § 7001(c) and any state law that applies. DailyBuilt supplies the mechanism: we present the disclosure in this Section, record your consent with a timestamp and a hash of the consent text you were shown, and keep that record for the Business. DailyBuilt does not decide whether a writing requirement applies to any document a Business sends you, and does not review the document (see Section 4.5).

7. Text messages

7.1 What we send and for whom. DailyBuilt transmits text messages on behalf of Businesses. A Business may use two kinds of programs:

• Transactional messages — appointment confirmations, changes, reminders, replies, document and payment notices, and similar messages about a transaction you started. These are sent when you give a Business your mobile number in connection with that transaction.
• Marketing messages — promotional or advertising messages about the Business's services, offers, and events. DailyBuilt does not currently operate a marketing text-message program; the sending number used for the transactional messages described in this Section carries only transactional and customer-care traffic. If DailyBuilt makes a marketing tier available in the future, it will run on a separately registered number and campaign, and a Business will be able to send you marketing texts only where it has captured your prior express written consent to marketing messages, in a record that meets 47 C.F.R. § 64.1200(f)(9), and only where you have not opted out. Consent to marketing texts is never a condition of buying anything, and you can book, sign, and pay without agreeing to receive them.

7.2 Consent terms. Message frequency varies. Message and data rates may apply — your mobile carrier's charges are yours, not ours. Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed and depends on your carrier, device, and network.

7.3 Opting out and getting help. Reply STOP to any message to stop that program's messages. Reply HELP for help. You may also opt out by telling the Business directly, or by emailing hello@dailybuilt.co with the mobile number and the Business name, and we will process the opt-out. Opting out of a Business's marketing messages does not automatically opt you out of transactional messages about an appointment you already have, and opting out may mean you no longer receive reminders. Full details are in the SMS Terms.

7.4 Your number. Only give a Business a mobile number you control and are authorized to use. If your number changes or is reassigned, tell the Business immediately.

8. Email

Businesses send you email through DailyBuilt. When you reply to one of those emails, your reply — including its full contents, any attachments, and your email address — is delivered to and stored for the Business, and is routed through DailyBuilt's reply.dailybuilt.co reply address so it can be threaded into the Business's record of your conversation. Treat an email reply as if you were writing directly to the Business, because you are. Do not send payment card numbers, passwords, or government identification numbers by email. Email is not a secure channel and is not appropriate for urgent matters (see Section 4.4).

Marketing email sent through DailyBuilt is required to carry an unsubscribe link and the sending Business's postal address, and the Business sending the message is responsible for including them (see the Acceptable Use Policy § 3.2). Where an unsubscribe link is present, use it to stop that Business's marketing email; you may also reply asking to be removed, or email hello@dailybuilt.co with the Business name and the address to remove, and we will process the request. Unsubscribing from marketing email does not stop transactional email about a booking, document, or invoice you already have.

9. Payments

9.1 The Business is the merchant of record. When you pay through a DailyBuilt payment Surface, you are paying the Business, not DailyBuilt. The Business is the merchant of record for that transaction. It sets the amount, the taxes, the currency, the description, and any deposit, and it is responsible for delivering whatever you paid for.

9.2 Card processing by Stripe. Card payments are processed by Stripe, Inc. on the Business's own connected Stripe account. Your card details are collected by Stripe directly and are not stored by DailyBuilt. Your payment is also subject to Stripe's own terms and privacy policy. Your card or bank statement may show the Business's name, a Stripe descriptor, or both.

9.3 Refunds, disputes, and receipts. Refunds, cancellations, price adjustments, credits, and billing disputes are handled by the Business under its own policies. DailyBuilt cannot issue, approve, or deny a refund on the Business's behalf and has no authority over the Business's refund policy. Contact the Business first. You keep whatever chargeback rights your card issuer or bank gives you; exercising them is a matter between you, your issuer, the Business, and Stripe.

9.4 Our fee is charged to the Business. DailyBuilt charges the Business a platform fee on payments processed through the Service. That fee is deducted from the Business's proceeds. It is not added to your total and you are not charged anything by DailyBuilt for using a payment Surface.

9.5 Accuracy. You are responsible for confirming the amount, the invoice, and the payee before you pay. If an invoice looks wrong, do not pay it — contact the Business using contact details you already have for it, not details supplied in a suspicious message.

10. Information you submit, and the license you give us

10.1 What we do with it. Information you submit on a Surface — your name, contact details, answers to intake questions, signatures, files, messages, and payment metadata — is submitted to the Business. As between you and DailyBuilt, that information belongs to you and/or the Business, not to DailyBuilt. DailyBuilt handles it as a service provider for the Business, under the Business's instructions and our contract with the Business.

10.2 The license. You grant DailyBuilt a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, format, encrypt, back up, display, and otherwise process what you submit, solely to (a) operate and secure the Service and deliver it to the Business, (b) create and deliver the records, documents, receipts, certificates, and messages the transaction requires, and (c) comply with law. This license lasts as long as we hold the information on the Business's behalf and ends when it is deleted or returned under our contract with the Business. It does not let us sell your information, and we do not use the information you submit through a Surface to train artificial-intelligence models.

10.3 Your promises about what you submit. You represent that what you submit is accurate, that you have the right to submit it, and that it does not infringe anyone's rights or violate any law. Do not submit other people's information unless you are authorized to.

10.4 Feedback. If you send us suggestions about the Service, we may use them without obligation or compensation to you.

11. Acceptable use

11.1 Prohibited uses. You agree not to, and not to attempt to: use a Surface for any unlawful, fraudulent, harassing, defamatory, or infringing purpose; submit malware or malicious code; probe, scan, overload, or interfere with the Service or its security; access data that is not yours; use bots, scrapers, or automated means to submit bookings or forms; make bookings you do not intend to keep, or submit false, spam, or test submissions at scale; impersonate another person; circumvent rate limits, bot challenges (including Cloudflare Turnstile), or authentication; or reverse-engineer the Service. The Acceptable Use Policy is part of these Terms. We may block, rate-limit, suspend, or refuse access to any Surface, and remove submissions, at any time and without notice, to protect the Service, a Business, or other users.

11.2 Your indemnity. To the maximum extent permitted by law, you will indemnify and hold harmless DailyBuilt and its officers, directors, employees, agents, and suppliers from any third-party claim, and any damages, losses, and reasonable costs and attorneys' fees, arising from (a) your breach of this Section 11 or of these Terms, (b) content or information you submit through a Surface, including another person's information you had no authority to submit, or (c) your violation of any law or of any third party's rights. This Section does not apply to conduct for which you are not legally responsible, and nothing in it requires you to indemnify DailyBuilt for DailyBuilt's own negligence or misconduct.

12. Privacy

How DailyBuilt handles information on the Surfaces — what is collected, why, with whom it is shared, how long it is kept, and your choices — is described in the Consumer Privacy Notice and, in full, in the Privacy Policy. In short: the Business decides what to collect from you and what to do with it (it is the controller/business), and DailyBuilt processes it on the Business's behalf (we are the service provider/processor). Privacy requests about the information you gave a Business should go to that Business; if you contact us at hello@dailybuilt.co we will forward your request to the Business and support it as our contract requires. The Business's own privacy policy, not ours, governs what the Business does with your information after it receives it.

13. Disclaimers and limitation of liability

13.1 The Service is provided "as is." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND EVERY SURFACE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, AND DAILYBUILT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY MESSAGE, REMINDER, CONFIRMATION, OR DOCUMENT WILL BE DELIVERED OR DELIVERED ON TIME, OR THAT ANY APPOINTMENT, PRICE, OR AVAILABILITY SHOWN IS CORRECT.

13.2 We are not responsible for the Business. DAILYBUILT MAKES NO WARRANTY OR REPRESENTATION ABOUT ANY BUSINESS OR ABOUT ANY PRODUCT, SERVICE, TREATMENT, CARE, ADVICE, DOCUMENT, PRICE, POLICY, OR STATEMENT OF A BUSINESS, AND IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY BUSINESS, including its professional conduct, its care or advice, the accuracy or legality of the documents it asks you to sign, its cancellation, no-show, refund, or billing practices, its scheduling decisions, its messages to you, or its handling of your information once it receives it. Your claims about those things are against the Business.

13.3 Some states. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the exclusions above apply to the greatest extent the law allows, and you may have additional rights.

13.4 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILYBUILT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, MISSED APPOINTMENTS, OR SUBSTITUTE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

13.5 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILYBUILT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO DAILYBUILT (NOT TO A BUSINESS) IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Amounts you paid to a Business are not amounts paid to DailyBuilt.

13.6 Carve-outs. Nothing in Section 13 limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where the law does not permit its limitation, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in those jurisdictions our liability is limited to the smallest amount permitted by law. This Section does not limit any liability under the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. §§ 501.201–.213) or under any consumer-protection statute of your state whose remedies cannot be limited by agreement.

13.7 Basis of the bargain. The disclaimers and limits in this Section are a fundamental basis of the bargain between you and DailyBuilt and apply even if a limited remedy fails of its essential purpose. You pay DailyBuilt nothing for the Surfaces, and these limits reflect that allocation of risk.

13.8 If a limit is unenforceable. If any limit in this Section is held unenforceable as to a claim, our liability for that claim is limited to the greatest extent the law permits, and the remaining limits in this Section stay in effect for all other claims.

14. DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU AND DAILYBUILT TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION INSTEAD OF IN COURT AND MEANS YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT WITHIN 30 DAYS — SEE SECTION 14.3.

14.1 Informal resolution first. Before starting an arbitration, you agree to email hello@dailybuilt.co with the subject line "Dispute Notice," describing the dispute, the relief you want, and your contact information; DailyBuilt will send a corresponding notice to you at the email address it has for you. The parties will try in good faith to resolve the dispute for 60 days from delivery of the notice. Either party may bring the dispute to arbitration after that 60-day period. This requirement is a condition precedent to arbitration, and the statute of limitations and any filing-fee deadlines are tolled while it runs. A party may seek to enjoin the filing or prosecution of an arbitration that skipped this step.

14.2 Agreement to arbitrate. You and DailyBuilt agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Surface, any message we send you, or the relationship between you and DailyBuilt — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before, on, or after the date you accepted these Terms — will be resolved exclusively by final and binding individual arbitration, and not in a court of law, except as stated in Sections 14.4 and 14.5. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

14.3 YOUR RIGHT TO OPT OUT — 30 DAYS. You may opt out of this Section 14 (other than the jury-trial waiver in Section 14.6, which applies regardless of whether you opt out) within 30 days after you first accept these Terms, either by emailing hello@dailybuilt.co with the subject line "Arbitration Opt-Out" or by mailing written notice to the address in Section 17. The 30 days run from your first use of a Surface. An opt-out should state your full name, the email address and/or mobile number you used, the name of the Business, and that you want to opt out of the arbitration agreement — but we will not reject an otherwise clear opt-out because of its subject line, its format, or a missing detail. We will confirm receipt in writing within 10 business days, and if we cannot show that we did not receive a timely opt-out, it is treated as effective. Because you do not have a DailyBuilt account, we will not dispute the timeliness of an opt-out where we have no recorded acceptance date for you. Opting out will not affect any other part of these Terms and will not affect your relationship with DailyBuilt or the Business in any way. If you opt out, Section 14.10 applies to your disputes. If you do not opt out within 30 days, you are bound by this Section. An opt-out is permanent. It applies to this and every future version of these Terms, and no later amendment to this Section re-subjects you to arbitration.

14.4 Small-claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction instead of arbitration, so long as the action stays in that court, remains individual, and is not removed, appealed to a court of general jurisdiction, or expanded into a class or representative proceeding.

14.5 Injunctive-relief carve-out. Either party may seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of that party's intellectual-property rights or breach of confidentiality obligations, without first complying with Sections 14.1–14.2. Seeking that relief is not a waiver of the agreement to arbitrate.

14.6 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND DAILYBUILT EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. Claims must be brought in an individual capacity only. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, and may not consolidate or join the claims of more than one person or preside over any form of class or representative proceeding. No arbitration may be consolidated with another without the written consent of all parties to all affected arbitrations. THE JURY-TRIAL WAIVER IN THIS SECTION 14.6 APPLIES WHETHER OR NOT THE AGREEMENT TO ARBITRATE IN THIS SECTION 14 IS ENFORCED, AND WHETHER OR NOT YOU OPT OUT UNDER SECTION 14.3, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.6A Public injunctive relief. Nothing in this Section 14 waives, or is intended to waive, your right to seek public injunctive relief in any forum. If a claim or request for public injunctive relief is asserted and applicable law does not permit it to be arbitrated or waived, that request alone is severed from this Section 14 and stayed pending the arbitration of all arbitrable claims, and is then heard only in the courts identified in Section 14.10. The remainder of Section 14 stays in full force.

14.6B Representative and private-attorney-general claims. If you bring a claim under a private attorney general statute (including the California Private Attorneys General Act) that applicable law does not permit to be waived or arbitrated on a representative basis, then (a) the individual component of that claim is arbitrated under this Section 14, and (b) the non-individual or representative component alone is severed from this Section 14 and stayed pending completion of that arbitration, and may then be brought only in the courts identified in Section 14.10. Severance under this Section does not affect the enforceability of the remainder of Section 14.

14.7 Rules, arbitrator, seat, and costs. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules & Procedures (or, if the amount in controversy exceeds JAMS's streamlined threshold, its Comprehensive Arbitration Rules & Procedures) in effect when the demand is filed, as modified by these Terms, together with the JAMS Consumer Arbitration Minimum Standards, which the parties agree apply to any arbitration between DailyBuilt and an individual under these Terms and which control over any conflicting provision of these Terms. The arbitration will be heard by one (1) arbitrator. The seat and legal place of arbitration is Miami-Dade County, Florida. Hearings may be conducted by telephone, videoconference, or on documents, and you may elect an in-person hearing in the county where you live or in Miami-Dade County, Florida. If you initiate arbitration, the only JAMS fee you are required to pay is $250 (or less, if the JAMS fee schedule then in effect sets a lower consumer filing fee). DailyBuilt will pay all remaining JAMS filing, administrative, case-management, and arbitrator fees. If DailyBuilt initiates arbitration against you, DailyBuilt pays all fees. DailyBuilt will pay each JAMS invoice on or before its due date. Each party bears its own attorneys' fees, except that the arbitrator must award attorneys' fees, costs, expenses, statutory or multiple damages, and punitive damages where a statute applicable to your claim so provides, and in no event will you be required to pay DailyBuilt's attorneys' fees or costs because you did not prevail. Nothing in these Terms limits any remedy otherwise available to you under federal, state, or local law in the arbitration. If the arbitrator finds a claim or defense frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b), the arbitrator may reallocate fees only to the extent the JAMS Consumer Arbitration Minimum Standards permit. The arbitrator may award any individual relief a court could award under applicable law, must apply the law and the limitations in Section 13 — except that where the JAMS Consumer Arbitration Minimum Standards apply, those Standards control over any inconsistent provision of Sections 13 or 14, and any remedy that applicable law makes available to you but that cannot be awarded in this arbitration is preserved to you in a court of competent jurisdiction in Miami-Dade County, Florida — and must issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 14, except that a court has exclusive authority to decide any challenge to Section 14.6 (the class action waiver) and any question of whether a claim falls within Sections 14.4 or 14.5.

14.8 Mass-arbitration batching protocol. The parties agree that the JAMS Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Fee Schedule in effect when the demands are filed apply to any group of demands described in this Section, and that the JAMS Process Administrator may exercise the authority those Procedures confer, including the authority to batch, consolidate, or otherwise group demands. For purposes of those Procedures, the parties specify twenty-five (25) as the number of similar demands that constitutes a Mass Arbitration, in place of the default threshold. If 25 or more demands for arbitration raising substantially similar claims are filed against DailyBuilt by or with the assistance of the same law firm, group of law firms, or coordinated counsel or organization within a 90-day period, the parties agree that JAMS will administer them in sequential batches of no more than 50 demands (plus a final batch of any remainder). Batching works as follows: (a) the parties will each select one bellwether batch, and those two batches are arbitrated first while the remaining batches are stayed pending those results — the determinations and awards in the bellwether batches are not binding on, and have no precedential effect as to, any claimant who is not a party to that batch, and are used only to inform settlement and the sequencing of the remaining batches; (b) each batch is treated as a single consolidated arbitration with one arbitrator and one hearing set, unless the arbitrator determines otherwise; (c) all applicable statutes of limitation, and any contractual deadlines, are tolled for every unfiled and un-batched demand from the date the first batch is filed until that demand's own batch is resolved, and no demand may be stayed under this Section for more than twelve (12) months from the date the first batch is filed; and (d) after the bellwether batches conclude, the parties will engage in a single good-faith global mediation before further batches proceed, with a mediator jointly selected or, failing agreement, appointed by JAMS — that mediation is a single window of no more than 90 days, after which the remaining batches proceed whether or not it has concluded. Fees are governed by the JAMS Mass Arbitration Fee Schedule; in no event will any individual claimant be required to pay more than the $250 consumer fee described in Section 14.7, and DailyBuilt will pay every other fee. This provision is intended to be enforced by, and either party may ask a court or JAMS to enforce, its terms. If a court or JAMS declines to apply this Section 14.8, it is severable and the rest of Section 14 remains in force.

14.9 Severability of this Section — no class arbitration. If Section 14.6 (the class action, collective action, and representative action waiver) is found unenforceable, void, or inapplicable as to any claim or any request for relief, then the entirety of Section 14 (the agreement to arbitrate) is null and void as to that claim or request for relief, and that claim or request for relief must proceed in court. Under no circumstances will any class, collective, consolidated, or representative proceeding be arbitrated. If any other provision of this Section 14 is found unenforceable (including any operation of Sections 14.6A or 14.6B, which are severance rules and never trigger the fall-together rule in the first sentence of this Section 14.9), that provision alone is severed and the remainder of Section 14 continues in full force. Section 14 survives the termination of these Terms and any end of your relationship with DailyBuilt or a Business.

14.10 If arbitration does not apply. If you opt out under Section 14.3, or if a claim or request for relief must proceed in court under Section 14.9, then you and DailyBuilt agree that the exclusive jurisdiction and venue for that matter is the state and federal courts located in Miami-Dade County, Florida, and each party consents to personal jurisdiction there and waives any objection based on forum non conveniens.

14.11 Limitations periods. Nothing in these Terms shortens the time within which you may bring any claim. The limitations period for any claim is the one provided by applicable law. The 60-day informal-resolution period in Section 14.1 tolls, and does not consume, that period.

15. Availability, changes, and termination

We may change, suspend, limit, or discontinue any Surface or the Service, in whole or in part, at any time. A Business may also stop using DailyBuilt, in which case its Surfaces stop working. We are not liable to you for any interruption or discontinuation. Access to a signing or payment link may expire.

We may update these Terms. When we do, we will change the "Effective date" at the top and post the updated version at this URL. Changes apply to your use of a Surface on or after the effective date of the change; they do not apply retroactively to a transaction you already completed. No change to Section 14 (Arbitration) applies to a claim that accrued before the change took effect, whether or not either party had given notice of a dispute, and no change to Section 14 re-subjects you to arbitration if you have opted out under Section 14.3 — an opt-out is permanent. If you have not previously opted out, a material change to Section 14 gives you a fresh 30-day opportunity to opt out of the changed terms as described in Section 14.3, running from the effective date of the change. Because you do not have a DailyBuilt account, we cannot always notify you directly; please check this page before you use a Surface again. Prior versions of this document are archived by date and are available on request to hello@dailybuilt.co.

16. General

16.1 Governing law. These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 14. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 United States only. The Service is offered to businesses located in the United States and to their customers. We do not target, market, or offer the Service to individuals in the European Economic Area, the United Kingdom, or Switzerland, and the Surfaces are not intended for use from those regions.

16.3 Entire agreement; no third-party beneficiaries. These Terms, together with the documents they incorporate, are the entire agreement between you and DailyBuilt about the Surfaces, and supersede any earlier understanding on that subject. They do not create any agreement between you and a Business, and they do not change any agreement you have with a Business. A Business is not a third-party beneficiary of these Terms and gains no rights under them, except that Sections 4, 13, and 14 are intended to benefit and be enforceable by DailyBuilt's officers, directors, employees, agents, and suppliers.

16.4 Severability and no waiver. If any provision of these Terms is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect — except as Section 14.9 provides for the class action waiver. Our failure to enforce any provision is not a waiver of it.

16.5 Assignment. You may not assign or transfer these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

16.6 Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, carrier outages, denial-of-service attacks, or failures of third-party providers.

16.7 Survival. Sections 2, 4, 6.8, 10, 11, 12, 13, 14, and 16 survive any termination or expiration of these Terms.

16.8 Notices to you. We may give you notice by email to the address you provided, by text message to the number you provided, or by posting on the Surface. Notices are effective when sent or posted.

17. Contact us

DailyBuilt, Inc. c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808 Email: hello@dailybuilt.co

For anything about a service you received, a charge, an appointment, a refund, or a document's contents — contact the Business, not DailyBuilt. Its contact details are on the Surface you used and in the emails it sends you.