Legal

Terms of Service

These Terms govern both dailybuilt.co and the dailybuilt platform at app.dailybuilt.co. Section 19 contains a binding arbitration agreement, a class-action waiver, and a jury-trial waiver, with a 30-day opt-out.

Effective July 28, 2026

These Terms of Service (these "Terms") are a binding contract between you and DailyBuilt, Inc., a Delaware corporation ("DailyBuilt," "we," "us," or "our"). They govern both the DailyBuilt website at dailybuilt.co and the DailyBuilt platform at app.dailybuilt.co. Section 19 contains a binding arbitration agreement, a class-action waiver, and a jury-trial waiver. Please read it. You may opt out of arbitration within 30 days as described in Section 19.9.

Summary (not part of the Agreement)

This summary is provided for convenience only. It is not a term of the Agreement, and if it differs from the numbered sections below, the numbered sections control.

You subscribe to a plan. Plans renew automatically until you cancel. You can cancel online at any time from your billing portal.
If you invoice your customers through DailyBuilt, your customers pay you directly through your own Stripe connected account. You are the merchant of record. DailyBuilt deducts a disclosed platform fee (Section 4.9).
You own your data. We host and process it to run the Service for you.
You are responsible for the messages you send, the documents you create and send, the ads you run, and the consents you collect from the people you contact.
The Service is provided "as is." Our liability is capped (Section 17). Yours is not, for the categories in Section 16.
Disputes go to individual arbitration in Miami-Dade County, Florida, unless you opt out (Section 19).

1. Agreement and acceptance

1.1 The Agreement. These Terms, together with every document expressly incorporated into them (the Acceptable Use Policy at dailybuilt.co/acceptable-use, the SMS Terms at dailybuilt.co/sms-terms, the Billing, Refunds and Cancellation terms at dailybuilt.co/billing, the Data Processing Addendum at dailybuilt.co/dpa, the Privacy Policy at dailybuilt.co/privacy, the Business Associate Agreement described in Section 10 where applicable, and any Order Form signed or accepted by the parties) form the entire agreement between you and DailyBuilt (the "Agreement").

1.2 Acceptance. You accept the Agreement by any of the following, whichever happens first: (a) clicking a button or checking a box presented with a link to these Terms; (b) creating a DailyBuilt account or accepting an invitation to join a Customer workspace; (c) executing an Order Form that references these Terms; (d) paying a subscription fee; or (e) accessing or using the Service or the Site. If you do not agree, do not use the Service or the Site.

1.3 Who may accept; authority. If you accept the Agreement on behalf of a company, partnership, sole proprietorship, professional practice, or other legal entity, you represent and warrant that (a) you are at least 18 years old, (b) you have full legal authority to bind that entity, and (c) that entity agrees to the Agreement. In that case, "Customer," "you," and "your" mean that entity. If you have no such authority, you may not accept the Agreement or use the Service on that entity's behalf.

1.4 Users within a Customer workspace. Customer may invite individuals ("Authorized Users") into its workspace. Each Authorized User must accept these Terms to access the Service. Customer is responsible for its Authorized Users' compliance with the Agreement and for all activity occurring under its workspace, whether or not authorized by Customer. Acts and omissions of Authorized Users are treated as acts and omissions of Customer.

1.5 End Users are governed by a different agreement. Individuals who interact with DailyBuilt-hosted surfaces that a Customer operates — including a Customer's public booking page, signing pages, invoice payment pages, hosted forms, and emails or text messages sent through the Service (collectively, the "End-User Surfaces") — do so as "End Users." End Users have no DailyBuilt account and are not parties to these Terms. Their use of the End-User Surfaces is governed by the End-User Terms at dailybuilt.co/end-user-terms and the Consumer Privacy Notice at dailybuilt.co/consumer-privacy-notice. Nothing in these Terms creates a contract between DailyBuilt and any End User, and nothing in the End-User Terms modifies these Terms.

1.6 Site visitors. If you browse the Site without creating an account, Sections 2, 3.1, 12, 13, 14, 15, 17, 19, 20, and 21 apply to you, and the remaining Sections apply only if and when you become a Customer or an Authorized User.

1.7 Electronic contracting. You agree that clicking to accept, or otherwise indicating assent electronically, has the same legal effect as a handwritten signature, and that the Agreement is not unenforceable because it was formed electronically. See also Section 8.6.

1.8 Existing customers; application to prior use. If Customer began using the Service before the Effective Date, Customer's acceptance of these Terms confirms and ratifies the parties' prior relationship on these Terms, and these Terms govern that relationship from the date Customer's workspace was first created, as if they had been in effect on that date. This Section 1.8 does not apply to any claim of which either party gave the other written notice before Customer's acceptance, does not waive any right that cannot be waived by agreement, and does not extend Section 19 to a dispute noticed before acceptance (see Section 20.3). Customer's thirty (30) day right to opt out of Section 19 under Section 19.9 runs from the date of that acceptance.

2. The Service and the Site

2.1 Definitions. In addition to terms defined elsewhere:

"Service" means the DailyBuilt software-as-a-service platform made available at app.dailybuilt.co, the hosted End-User Surfaces provisioned for a Customer (including booking pages at a subdomain of the form {slug}.dailybuilt.co/book), the DailyBuilt application programming interfaces, and any related software, documentation, and support that DailyBuilt makes available to Customer under the Agreement.
"Site" means the DailyBuilt marketing website at dailybuilt.co and its subpages.
"Customer Data" means all data, content, files, records, text, images, and other materials that Customer or its Authorized Users submit to, upload to, generate in, or cause to be submitted to the Service, including data that End Users submit through the End-User Surfaces provisioned for Customer.
"Order Form" means an ordering document, quote, statement of work, or online checkout confirmation that references these Terms and describes the subscription plan, term, fees, and any negotiated terms.
"BAA" has the meaning given in Section 10.

2.2 Scope of the Service. Subject to the Agreement and to Customer's payment of applicable fees, DailyBuilt grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right, during the Subscription Term, to access and use the Service for Customer's internal business purposes and to operate the End-User Surfaces provisioned for Customer. Functional areas of the Service may include contact and client records, scheduling and public booking pages, invoicing and payment collection through Customer's own payment processing account, electronic-signature documents, transactional and marketing email, text messaging, advertising and business-listing integrations, and website analytics. The specific features available to Customer depend on Customer's plan, on the integrations Customer connects, and on whether the Healthcare Edition is enabled.

2.3 What the Service is not. DailyBuilt provides software. DailyBuilt does not provide legal, tax, accounting, medical, clinical, billing-code, insurance, or regulatory-compliance advice or services; is not a healthcare provider, clearinghouse, or payer; is not a law firm; is not a money transmitter, bank, or payment processor; and is not a party to any transaction, engagement, treatment relationship, or contract between Customer and an End User.

2.4 Changes to the Service. DailyBuilt may add, modify, or discontinue features. DailyBuilt will not materially degrade the core functionality of a paid plan during a Subscription Term for which Customer has prepaid without giving the notice described in Section 20 and, if Customer objects, allowing termination and a pro-rata refund of prepaid, unused fees under Section 20.4.

2.5 This document supersedes all prior terms and governs both the Site and the Service. These Terms replace and supersede in their entirety every prior DailyBuilt "Terms of Service," "Terms of Use," or similar document, however titled, wherever published, presented, linked, or referenced — including any version presented during account creation or invitation acceptance at any address, whether or not that address resolved — and including any statement in a prior version that these terms governed the Site only or that a separate platform agreement governs use of the platform. No separate platform agreement was ever formed, and none is required: these Terms are the platform agreement. Effective on the Effective Date these Terms govern the Site and the Service together and, as to a Customer that accepts them, from the date stated in Section 1.8. DailyBuilt, Inc., a Delaware corporation (Delaware File No. 10663585), is the successor in interest to the business previously operated under the name "dailybuilt co." and has adopted, assumed, and become bound by all agreements, acceptances, obligations and undertakings entered into under that name in connection with the Site or the Service, and holds all rights under them, in each case as of June 16, 2026. A reference to "dailybuilt," "dailybuilt co.," or "DailyBuilt" in any prior agreement, acceptance record, or business associate agreement means DailyBuilt, Inc.

2.6 Beta and preview functionality. See Section 11.5.

3. Accounts and eligibility

3.1 Eligibility. The Service and the Site are offered to businesses and other organizations located in the United States, and to individuals who are at least 18 years old and acting on behalf of such an organization. The Service is not directed to, and DailyBuilt does not knowingly permit, use by individuals under 18 for their own personal purposes, or use by consumers for personal, family, or household purposes. DailyBuilt does not target the Service to the European Economic Area, the United Kingdom, or Switzerland and makes no representation that the Service is appropriate or available for use in those jurisdictions.

3.2 Accurate information. Customer must provide and maintain accurate, current, and complete account, billing, business-identity, and contact information, including a valid business email address and, where the Service requests it, a business mailing address and telephone number. DailyBuilt may rely on that information for legal notices, tax determinations, messaging registrations, and identity checks.

3.3 Credential security. Customer is responsible for maintaining the confidentiality of all credentials, API keys, and access tokens issued to it, for all activity under its account, and for promptly notifying DailyBuilt at hello@dailybuilt.co of any suspected unauthorized access. DailyBuilt is not liable for loss arising from Customer's failure to safeguard credentials. Customer will (a) require its Authorized Users to use unique credentials and not share accounts, (b) promptly deactivate Authorized Users who leave Customer's organization or no longer need access, and (c) configure the role-based permissions available in the Service consistent with the principle of least privilege.

3.4 One workspace, one Customer. Each workspace is provisioned to a single Customer entity. Customer may not use its workspace to provide the Service to a separate legal entity, or to resell, sublicense, or provide service-bureau access to the Service, without a written agreement with DailyBuilt permitting it.

3.5 Verification. DailyBuilt may verify Customer's identity, business registration, ownership of a claimed domain or subdomain, and eligibility for regulated features (including the Healthcare Edition and messaging features) and may condition or withhold access pending verification.

4. Subscriptions, fees, and billing

4.1 Plans and prices. Self-service subscription plans and their list prices as of the Effective Date are:

Plan	Monthly price	Annual price (billed annually)
Foundation	$99 per month	$1,068 per year (10% discount)
Growth	$249 per month	$2,688 per year (10% discount)
AI Operations	$499 per month	$5,388 per year (10% discount)

Enterprise plans are not sold self-service and are governed by an Order Form. Current plan descriptions and prices are published at dailybuilt.co and in the Service; the price presented to Customer at checkout, or the price stated in an Order Form, controls for that Customer.

4.2 Free trial. DailyBuilt may offer a free trial of the Service. Unless stated otherwise at signup, the trial lasts fifteen (15) days, no payment card is required to start it, and the trial does not automatically convert into a paid subscription. If Customer subscribes to a paid plan while a trial is still running, DailyBuilt may apply the remaining trial days to the paid subscription so that the first charge occurs when those remaining days expire. In that case, the subscription begins charging automatically at the end of the remaining trial period, at the plan price shown at checkout, and continues to renew until cancelled. Customer may cancel before the first charge as described in Section 4.6 and will not be charged.

4.3 AUTOMATIC RENEWAL — PLEASE READ.

(a) Your subscription renews automatically. When Customer subscribes, the subscription continues automatically for successive renewal terms until Customer cancels. Monthly plans renew every month on the monthly anniversary of the subscription start date. Annual plans renew every twelve (12) months on the annual anniversary of the subscription start date.

(b) Renewal price. Each renewal is charged at the then-current price for Customer's plan and billing interval. That price is the same as the price Customer last paid unless DailyBuilt has given Customer at least thirty (30) days' advance notice of a price change under Section 4.7.

(c) First charge and subsequent charges. The first charge occurs when Customer completes checkout, or — if remaining free-trial days are applied under Section 4.2 — on the day those remaining days expire. Each later charge occurs on the renewal date described in Section 4.3(a). Charges are made to the payment method on file. Customer authorizes DailyBuilt and its payment processor to charge that payment method on a recurring basis for all fees due, until Customer cancels.

(d) How to cancel. Customer may cancel at any time, online, in the same medium in which the subscription was purchased: sign in at app.dailybuilt.co, open Settings → Billing, and use the cancellation flow in the billing portal. Cancellation takes effect at the end of the then-current billing period; Customer keeps access until that date. No telephone call, email, retention conversation, or other step is required, and DailyBuilt will not require one. Customer may also cancel by emailing hello@dailybuilt.co from the account email address, in which case DailyBuilt will process the cancellation within three (3) business days with effect as described above. For an annual plan, Customer has two options and neither is a precondition of the other: cancelling through the billing portal selects option (i) in Section 4.5(b) — the plan runs to the end of the annual term and is not refunded; option (ii) — an earlier cancellation with the pro-rata refund — is requested as described in Section 4.5(b) and at dailybuilt.co/billing.

(e) Renewal reminders. For annual plans, DailyBuilt will send a renewal reminder to Customer's account email address at least thirty (30) and not more than forty-five (45) days before each annual renewal date, stating that the subscription will renew, the renewal price, the renewal date, and how to cancel. In addition, for every subscription DailyBuilt will send Customer, at least once every twelve (12) months and in the same medium in which the subscription was purchased, a reminder stating the product or service, the frequency and amount of the charges, and how to cancel.

(f) Acknowledgment. By subscribing, Customer acknowledges that it has read and agrees to the automatic renewal terms in this Section 4.3, and that DailyBuilt has presented them clearly and conspicuously before purchase.

(g) Records of consent. DailyBuilt maintains verification of Customer's affirmative consent to these automatic-renewal terms for at least three (3) years, or one (1) year after the Agreement terminates, whichever is longer.

4.4 Payment; authorization. Subscription fees are billed in advance and are payable in U.S. dollars. Subscription billing is processed by DailyBuilt's payment processor; Customer must provide a valid payment method and keep it current. Customer authorizes recurring charges as described in Section 4.3(c). If a charge fails, DailyBuilt or its processor may retry the charge and may update stored card details through card-network account-updater services.

4.5 Refunds.

(a) Monthly plans. Cancellation of a monthly plan takes effect at the end of the then-current monthly billing period. Fees already paid for that period are not refundable, in whole or in part, and there is no credit for unused time.

(b) Annual plans. On cancellation of an annual plan, Customer may choose either:

(i) Run out the term. The plan stays active until the end of the annual term and is not refunded. Cancelling through the billing portal selects this option, because the portal ends the plan at the end of the term.

(ii) Take a pro-rata refund. DailyBuilt refunds one twelfth of the annual fee actually paid for each full, unused calendar month remaining in the annual term, measured from the date the refund is processed, less any discount, credit, or promotional value already consumed. Partial months are not refunded. Access ends when the refund is processed, not at the end of the annual term. To take this option, Customer emails hello@dailybuilt.co from the billing contact address on the account and asks for the pro-rata refund; DailyBuilt processes approved refunds within ten (10) business days to the original payment method.

Neither option is a precondition of the other, and Customer is not required to take option (i) in order to reach option (ii). Amounts excluded from a refund under this Section are described at dailybuilt.co/billing.

(c) Other refunds. Except as stated in Section 4.5(b), Section 2.4, Section 20.4, or as required by applicable law, all fees are non-refundable. Fees for a plan Customer did not use, or features Customer chose not to use, are not refundable. DailyBuilt may, in its sole discretion, issue a discretionary credit or refund; doing so does not obligate it to do so again.

(d) Termination for Customer's breach. No refund is due if DailyBuilt terminates or suspends Customer for breach of the Agreement under Section 12 or Section 18.3.

4.6 Cancellation mechanics. Cancelling a subscription (Section 4.3(d)) does not by itself delete Customer Data; see Section 18.5. Cancelling does not release Customer from fees already incurred, including Invoice Platform Fees already deducted and third-party pass-through amounts already incurred.

4.7 Price changes. DailyBuilt may change subscription prices. DailyBuilt will give Customer at least thirty (30) days' advance notice by email to the account email address and by in-product notice before a price change takes effect for Customer. A price change applies from Customer's next renewal date occurring after the notice period ends. If Customer does not accept the new price, Customer may cancel under Section 4.3(d) before the change takes effect and will not be charged the new price. Continued use after the change takes effect is acceptance of the new price. Price changes never apply retroactively to a period already paid for.

4.8 Taxes. All fees are exclusive of sales, use, excise, gross-receipts, communications, value-added, and similar taxes and of any regulatory or carrier surcharges. Customer is responsible for all such amounts other than taxes on DailyBuilt's net income. If DailyBuilt is required to collect a tax, DailyBuilt will add it to the invoice or charge. Customer is solely responsible for determining, collecting, reporting, and remitting any taxes applicable to Customer's own sales to its End Users, including sales tax on services or goods Customer invoices through the Service. The Service does not calculate, file, or remit Customer's taxes.

4.9 Invoice Platform Fee.

(a) The fee. When Customer collects a payment from an End User through the Service's invoicing and payment features, DailyBuilt charges a platform fee on that payment ("Invoice Platform Fee"), calculated as a percentage of the payment amount processed:

Customer's plan	Invoice Platform Fee
Trial	1.5% of each invoice payment processed
Foundation	1.5% of each invoice payment processed
Growth	1.0% of each invoice payment processed
AI Operations	0%
Enterprise	0%

(b) How it is collected. The Invoice Platform Fee is collected as an application fee on the charge made on Customer's connected payment account and is deducted from Customer's proceeds. The End User is not charged the Invoice Platform Fee and does not see it. The Invoice Platform Fee is separate from and in addition to the processing fees that Customer's payment processor charges Customer under Section 5.

(c) Refunds and reversals. If Customer refunds an invoice payment, the Invoice Platform Fee for that payment is not automatically returned to Customer unless DailyBuilt states otherwise in the Service or at dailybuilt.co/billing. Chargebacks, disputes, and reversals are governed by Section 5.5.

(d) Changes. DailyBuilt may change the Invoice Platform Fee schedule on at least thirty (30) days' advance notice by email and in-product notice. The new schedule applies to payments processed after the notice period ends. If Customer does not accept the change, Customer's remedy is to cancel under Section 4.3(d) or stop using the invoicing and payment features.

4.10 Third-party pass-through charges. Some features (for example, advertising spend on Meta or Google, telephone-number provisioning, or per-message carrier surcharges) involve amounts owed to third parties. Unless the Service expressly states that DailyBuilt bills such an amount, Customer contracts and pays directly with the third party and is solely responsible for those amounts. Where DailyBuilt does pass through such an amount, it will be identified in the Service or on an invoice.

4.11 Delinquency; suspension for non-payment. If a payment fails or is past due, DailyBuilt will notify Customer at the account email address. If the amount remains unpaid ten (10) days after that notice, DailyBuilt may suspend Customer's access to the Service in whole or in part until payment is made, and may terminate under Section 18.3. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, from the due date until paid. Customer will reimburse DailyBuilt's reasonable costs of collection, including reasonable attorneys' fees. Suspension for non-payment does not relieve Customer of the obligation to pay accrued fees, and DailyBuilt is not liable for any consequence of a suspension properly made under this Section — including missed bookings, undelivered messages, or unavailable End-User Surfaces.

4.12 Disputed charges. Customer must notify DailyBuilt in writing of any disputed subscription charge within sixty (60) days after the charge. Charges not disputed within that period are deemed accepted. The parties will work in good faith to resolve a disputed amount; undisputed amounts remain due on time.

4.13 No offsets by Customer. Customer will pay all amounts due without setoff, deduction, or counterclaim.

5. Payment processing (Stripe Connect)

5.1 Stripe flow-down. The following paragraph is required by DailyBuilt's payment processor and is reproduced verbatim:

Payment processing services for Customers on dailybuilt are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Customer on dailybuilt, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of dailybuilt enabling payment processing services through Stripe, you agree to provide dailybuilt accurate and complete information about you and your business, and you authorize dailybuilt to share it and transaction information related to your use of the payment processing services provided by Stripe.

The Stripe Connected Account Agreement is available at https://stripe.com/connect-account/legal/full and the Stripe Services Agreement at https://stripe.com/legal/ssa.

5.2 Customer is the merchant of record. Charges made through the Service's invoicing and payment features are direct charges on Customer's own Stripe connected account. Customer is the merchant of record for every such transaction. Funds settle to Customer's connected account and are paid out to Customer's bank account on the payout schedule Customer configures with Stripe. DailyBuilt does not hold, custody, transmit, or control Customer funds, does not act as a payment facilitator or money transmitter, and is not a payee, agent for receipt of funds, or party to any transaction between Customer and an End User.

5.3 Customer's responsibilities. Customer is solely responsible for: the goods, services, and care it sells; the accuracy and legality of every invoice, price, tax, tip, surcharge, and description; its own refund, cancellation, and no-show policies and their disclosure to End Users; issuing refunds; responding to and resolving disputes and chargebacks; fulfilling receipts and customer-service obligations; complying with card-network rules, NACHA rules where applicable, and applicable consumer-protection law; and any negative balance, fine, penalty, or assessment on its connected account.

5.4 No guarantee of payment. DailyBuilt does not guarantee that any End User will pay, that any authorization will succeed, that funds will settle, or that a payout will occur on any schedule. Stripe, not DailyBuilt, determines eligibility, capabilities, reserves, payout timing, and account restrictions for Customer's connected account.

5.5 Chargebacks, disputes, and negative balances. Chargebacks, refunds, reversals, ACH returns, fines, and network assessments are borne by Customer and are settled against Customer's connected account under the Stripe Services Agreement. If any such amount, or any Invoice Platform Fee, cannot be recovered from Customer's connected account, Customer will reimburse DailyBuilt on demand, and DailyBuilt may set off any amount Customer owes DailyBuilt against any amount DailyBuilt owes Customer, and may charge Customer's payment method on file for the shortfall.

5.6 Prohibited and restricted businesses. Customer may not use the Service's payment features for any business, product, or service on Stripe's restricted businesses list at https://stripe.com/restricted-businesses, which is incorporated into the Agreement by reference, or otherwise prohibited by the Acceptable Use Policy. Customer represents on a continuing basis that its business is not a restricted business.

5.7 Suspension at the processor's instruction. DailyBuilt may suspend, restrict, or disable payment features for Customer immediately and without prior notice if Stripe or a card network requires or requests it, if Customer's connected account is restricted, or if DailyBuilt reasonably suspects fraud, prohibited activity, or unacceptable risk. DailyBuilt is not liable for any consequence of such a suspension.

5.8 Information sharing. Customer authorizes DailyBuilt to access, on Customer's behalf, connected-account status, capability, requirement, balance, payout, charge, refund, and dispute information from Stripe in order to operate the Service, to display that information in the Service, and to use it for risk, support, accounting, and compliance purposes.

5.9 Relationship to the BAA. Payment card and bank-account information is processed by Stripe under the Stripe Services Agreement and is not routed through the Healthcare Edition's PHI controls. Customer must not place PHI in free-text fields of a payment description, statement descriptor, or receipt.

6. Customer Data

6.1 Ownership. As between the parties, Customer owns all right, title, and interest in and to Customer Data. DailyBuilt acquires no ownership interest in Customer Data.

6.2 License to DailyBuilt. Customer grants DailyBuilt a worldwide, non-exclusive, royalty-free, sublicensable (solely to DailyBuilt's subprocessors acting on DailyBuilt's behalf) license to host, store, copy, transmit, index, display, reformat, and otherwise process Customer Data solely to (a) provide, maintain, and support the Service and the End-User Surfaces for Customer; (b) secure the Service and prevent, detect, and investigate fraud, abuse, and security incidents; (c) create backups and maintain business continuity; (d) comply with law and enforce the Agreement; and (e) create de-identified and aggregated data as permitted by Section 6.3. This license ends when the relevant Customer Data is deleted, except for backups and archives pending deletion in the ordinary course and records DailyBuilt is required to retain.

6.3 De-identified and aggregated data. DailyBuilt may generate and use data that has been de-identified and aggregated so that it does not identify Customer, any Authorized User, any End User, or any individual, for purposes including operating, securing, benchmarking, analyzing, and improving the Service and producing aggregate statistics. DailyBuilt will not attempt to re-identify such data or use it to contact any individual, will not publish it in a form that identifies Customer without Customer's consent, and will de-identify PHI only in conformance with 45 C.F.R. §§ 164.502(d) and 164.514(a)–(c) and the BAA.

6.4 Model training. DailyBuilt does not use Customer Data to train, fine-tune, or otherwise improve any third-party foundation model or any model made available to other customers. See Section 11.

6.5 Customer's representations about the data it brings. Customer represents and warrants, on a continuing basis, that:

(a) it has all rights, licenses, permissions, and lawful bases necessary to submit Customer Data to the Service and to have DailyBuilt process it as contemplated by the Agreement;

(b) for every email address, mobile number, postal address, and other contact record that Customer uploads, imports, syncs, or otherwise causes to be contacted through the Service, Customer has obtained and maintains records of all consents, permissions, and disclosures required by applicable law — including, where applicable, prior express written consent under 47 C.F.R. § 64.1200(f)(9) for marketing text messages and autodialed or prerecorded marketing calls, and affirmative consent where required for commercial email;

(c) Customer's own websites, forms, intake documents, and points of collection carry a privacy notice and any other disclosure required by applicable law, accurately describing Customer's collection and use of personal information and DailyBuilt's role as Customer's service provider;

(d) Customer Data does not infringe or misappropriate any third party's rights and does not violate the Acceptable Use Policy or applicable law; and

(e) Customer will not submit to the Service any category of data for which the Service is not designated, including (without limitation) payment card numbers or bank credentials outside the payment features described in Section 5, government-issued identification numbers where the Service provides no field for them, information subject to the Gramm-Leach-Bliley Act, FERPA-protected education records, or PHI outside an active Healthcare Edition and BAA (Section 10); and

(f) Customer is responsible for the accessibility of the content, images, documents, colors, forms, and intake questions it authors, uploads, configures, or publishes through the Service, and for its own obligations under the Americans with Disabilities Act, Section 504 and Section 508 of the Rehabilitation Act, and any state or local accessibility law. DailyBuilt's accessible templates, defaults, and design tokens are a starting point, not a warranty that any page, document, or configuration Customer produces conforms to any accessibility standard.

6.6 Data protection terms. The Data Processing Addendum at dailybuilt.co/dpa is incorporated by reference and governs DailyBuilt's processing of personal information contained in Customer Data. The DPA reflects that DailyBuilt acts as Customer's service provider (as defined in Cal. Civ. Code § 1798.140(ag)) or processor under other applicable U.S. state privacy laws, and Customer acts as the business or controller. The Service is offered to U.S. businesses only; the DPA does not grant rights under the EU or UK General Data Protection Regulation, and standard contractual clauses are not included unless the parties agree to them in writing.

6.7 PHI. Where Customer Data includes Protected Health Information, the BAA (Section 10) controls over any conflicting provision of these Terms or the DPA with respect to that PHI.

6.8 Security. DailyBuilt will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, and destruction, as further described in Annex 2 to the DPA and, for PHI, in the BAA. Any security or trust page DailyBuilt publishes at dailybuilt.co is a non-contractual description of DailyBuilt's practices, is not incorporated into the Agreement, and creates no warranty, covenant, or specification. Annex 2 to the DPA is the contractual statement of DailyBuilt's technical and organizational measures. Customer is responsible for the security decisions within its control, including user provisioning, permissions, credential hygiene, and what Customer chooses to send outside the Service.

6.9 Accuracy and legality of Customer Data. DailyBuilt does not monitor, verify, or curate Customer Data and has no obligation to do so. Customer is solely responsible for the accuracy, quality, integrity, legality, and appropriateness of Customer Data and for obtaining and maintaining its own copies of records it is required by law or professional obligation to retain.

7. Communications tools (email and SMS)

7.1 Customer is the sender. When Customer uses the Service to send email or text messages, Customer is the sender in fact and in law of those messages. DailyBuilt provides the transmission technology and acts at Customer's direction. Customer determines the recipients, the content, the timing, and the purpose of each message.

7.2 Consent and compliance are Customer's obligations. Customer is solely responsible for complying with all laws, regulations, carrier requirements, and industry codes applicable to its messages, including the Telephone Consumer Protection Act and its implementing rules (47 C.F.R. § 64.1200), state mini-TCPA and telemarketing statutes, the CAN-SPAM Act, state consumer-protection and recording statutes, CTIA messaging principles and best practices, and A2P 10DLC registration and campaign rules. Without limiting that obligation, Customer must:

(a) obtain and retain, for each recipient, records of the consent required for the type of message sent — including prior express written consent meeting 47 C.F.R. § 64.1200(f)(9) before sending any marketing or promotional text message;

(b) never make consent to marketing messages a condition of purchase, booking, or receipt of services;

(c) include accurate sender identification, and for commercial email a functioning unsubscribe mechanism and a valid physical postal address;

(d) honor opt-out requests promptly and in all channels in which they are received; and

(e) refrain from sending to any number or address on a suppression list, and from re-adding a suppressed contact without new, documented consent.

7.3 SMS Terms and Acceptable Use Policy. The SMS Terms at dailybuilt.co/sms-terms and the Acceptable Use Policy at dailybuilt.co/acceptable-use are incorporated into the Agreement by reference and apply to all messages sent through the Service.

7.4 Transactional and marketing programs. The Service supports transactional messaging (for example, booking confirmations, reminders, schedule changes, invoice and document notifications, and replies about an existing request). DailyBuilt's registered text-messaging program is registered for transactional and customer-care traffic only, and marketing text messaging is not enabled on it. If and when DailyBuilt makes a marketing text-messaging tier available, it will run on a separately registered number and campaign. Where DailyBuilt makes marketing messaging available, marketing messages may be sent only where Customer has captured and retained compliant consent records for each recipient, has configured the required program disclosures, and has satisfied any registration prerequisite (including the applicable A2P 10DLC or toll-free registration for SMS). DailyBuilt may require evidence of consent capture before enabling marketing messaging and may disable it at any time. DailyBuilt has no obligation to enable marketing messaging for any Customer.

7.5 Opt-outs and suppression. Customer must honor, and must not attempt to circumvent, the Service's suppression and opt-out mechanisms. Reply keywords including STOP, UNSUBSCRIBE, END, QUIT, and CANCEL, and help keywords including HELP and INFO, must be honored for text-message programs. Where messages are sent from a DailyBuilt-provisioned sending identity (a shared sending domain or a DailyBuilt-owned telephone number), DailyBuilt may apply opt-outs and suppressions globally across the Service to protect that shared identity, and Customer agrees to that application.

7.6 Shared sending reputation. Customer acknowledges that email and messaging deliverability depends on shared infrastructure and third-party providers, that DailyBuilt makes no deliverability guarantee, and that DailyBuilt may throttle, pause, or block Customer's sending — with or without prior notice where the risk is immediate — to protect the deliverability, reputation, or regulatory standing of DailyBuilt's shared sending domains, IP addresses, telephone numbers, or messaging registrations.

7.7 No PHI outside designated features. Customer must not include PHI in an email or text message except through features that DailyBuilt has designated as available for PHI under an active Healthcare Edition and BAA. Text messaging is not covered by a business associate agreement with DailyBuilt's messaging provider and must not be used to transmit PHI.

7.8 Recording and monitoring. If Customer uses any feature that records, captures, or replays an interaction (for example, form-session capture or inbound email capture), Customer is responsible for providing any notice and obtaining any consent required by applicable law, including two-party-consent statutes.

8. Electronic signatures

8.1 DailyBuilt's role. The Service includes tools that let Customer prepare, send, and collect electronic signatures on documents. DailyBuilt is a neutral technology provider. DailyBuilt is not a party to, witness of, notary for, certifying authority for, or guarantor of any document that Customer creates, sends, signs, or receives through the Service. DailyBuilt does not review documents for legality, completeness, or fitness.

8.2 No identity verification. The Service does not verify the identity of any signer. It records a signing event and associated technical metadata (such as timestamps, IP address, user agent, and a link token) and seals the completed document with a certificate of completion. It does not perform government-ID verification, knowledge-based authentication, biometric verification, notarization, or witness attestation, and it cannot confirm that the person who signed is the person named. Customer is responsible for deciding whether that level of assurance is adequate for a given document and for implementing any additional verification it requires.

8.3 No warranty of legal effect. DailyBuilt does not warrant that any document executed through the Service is valid, binding, enforceable, admissible, or sufficient for any purpose, or that any signature satisfies the requirements of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act as adopted in any state, or any other law, rule, court, agency, payer, or counterparty requirement. Customer is responsible for obtaining its own legal advice on those questions.

8.4 Excluded document types. Customer must not use the Service's signature features for any document or transaction that is excluded from ESIGN or UETA or that requires a form, medium, notarization, witness, or delivery method the Service does not provide, including without limitation: wills, codicils, and testamentary trusts; documents governed by the Uniform Commercial Code as adopted in the applicable state, other than the provisions corresponding to Sections 1-107 and 1-206 and Articles 2 and 2A (in Florida, Section 671.107 and Chapters 672 and 680); adoption, divorce, and other family-law matters; court orders, notices, and official court documents; notices of default, foreclosure, eviction, repossession, or termination of utility services or health or life insurance benefits; documents required to accompany hazardous materials; and any document required by law to be notarized, witnessed, recorded, or executed on paper; notices of product recall or of a material failure of a product that risks endangering health or safety; advance directives, living wills, health care surrogate or proxy designations, do-not-resuscitate orders, and physician orders for life-sustaining treatment; powers of attorney; prescriptions for controlled substances; U.S. Citizenship and Immigration Services Form I-9; matters governed by rules of judicial procedure; transactions governed by the Uniform Computer Information Transactions Act as adopted in any state; and any document for which a payer, licensing board, accrediting body, or Customer's own professional rules require a handwritten signature, a witness, a specific form, or paper delivery. This list is illustrative and not exhaustive. Customer is solely responsible for identifying such documents and using an appropriate alternative method.

8.5 Customer's templates and documents. Customer is solely responsible for the content, accuracy, legal sufficiency, and regulatory compliance of every document, template, clause, and disclosure it creates, uploads, adapts, or sends through the Service, and for the consequences of sending it, including any dispute with a signer. See Section 9.

8.6 Consent to electronic records between Customer and DailyBuilt. Customer consents to receive from DailyBuilt in electronic form all notices, disclosures, agreements, amendments, receipts, invoices, and other records relating to the Agreement, whether delivered by email to the account email address, posted in the Service, or posted at dailybuilt.co. Customer may withdraw this consent or request a paper copy of any such record by emailing hello@dailybuilt.co; withdrawal will require termination of the Service because the Service is delivered electronically. To access and retain electronic records, Customer needs a current web browser, a valid email account, and the ability to view and save PDF files. Customer must keep its account email address current under Section 3.2. This Section governs only the electronic relationship between Customer and DailyBuilt; the electronic-records disclosures given to End Users on signing pages are governed by the End-User Terms.

8.7 Consumer e-consent for documents Customer sends. Where a law requires a record to be provided to a consumer in writing, Customer, not DailyBuilt, is the party responsible for obtaining that consumer's consent to receive the record electronically under 15 U.S.C. § 7001(c) and any applicable state law. DailyBuilt presents the consent disclosure, records each signer's consent with a timestamp and a hash of the consent text presented, and retains it. DailyBuilt does not determine whether § 7001(c), or any writing requirement, applies to a document Customer sends.

9. Document and note templates

9.1 Samples only. The Service may make available sample document templates, note templates, clause libraries, intake forms, policies, and similar materials (collectively, "Templates"), including materials that touch on healthcare, consent, privacy notices, financial policy, cancellation policy, and treatment documentation.

9.2 NOT LEGAL ADVICE. TEMPLATES ARE PROVIDED AS SAMPLES FOR ILLUSTRATION ONLY. THEY ARE NOT LEGAL, CLINICAL, TAX, BILLING, OR COMPLIANCE ADVICE, AND USING THEM DOES NOT CREATE AN ATTORNEY-CLIENT OR PROFESSIONAL RELATIONSHIP WITH DAILYBUILT OR ANY OF ITS PERSONNEL. DAILYBUILT MAKES NO REPRESENTATION OR WARRANTY THAT ANY TEMPLATE IS ACCURATE, COMPLETE, CURRENT, ENFORCEABLE, OR SUFFICIENT FOR ANY PURPOSE, FOR ANY JURISDICTION, FOR ANY PROFESSION, OR FOR ANY REGULATORY REGIME, INCLUDING HIPAA, STATE PRIVACY AND HEALTH-INFORMATION LAWS, STATE PROFESSIONAL-PRACTICE RULES, THE NO SURPRISES ACT, AND PAYER REQUIREMENTS.

9.3 Customer must have Templates reviewed. Customer must have a licensed attorney (and, where relevant, a qualified compliance or clinical professional) in Customer's jurisdiction and profession review and adapt any Template before Customer uses it. Customer is solely responsible for what it sends, for any Template it modifies, and for the legal effect of every document it executes through the Service.

9.4 No obligation to maintain. DailyBuilt may add, change, version, or remove Templates at any time and has no obligation to update a Template in response to a change in law. Customer is responsible for monitoring legal developments affecting the documents it uses.

9.5 Licence. DailyBuilt grants Customer a non-exclusive right to use, copy, and adapt Templates solely in connection with Customer's use of the Service and its own business. Customer may not redistribute, resell, or publish Templates as a standalone product.

9.6 How Templates are provided. Templates are fixed sample texts. DailyBuilt does not ask Customer or any signer questions in order to select, assemble, adapt, or complete a Template; does not apply the law of any jurisdiction or the rules of any profession to Customer's facts; does not review, correct, or comment on anything Customer or a signer enters; and does not select which Template is appropriate for Customer. Every Template is prepared, adopted, adapted, and sent by Customer as its own document. Templates are not prepared by an attorney licensed in Customer's state and are not a substitute for the advice of an attorney.

10. Healthcare Edition and the BAA

10.1 Healthcare Edition. The "Healthcare Edition" is the configuration of the Service that DailyBuilt designates for the storage and processing of regulated health information, enabled for a Customer workspace at Customer's request.

10.2 The BAA. The DailyBuilt Platform Business Associate Agreement as published by DailyBuilt and made available to Customer in the Service, in the version in force at the time Customer accepts it (the "BAA"), is incorporated into the Agreement by reference. The BAA becomes effective for Customer, without further signature, at the moment the Healthcare Edition is first enabled for Customer's workspace and Customer accepts the BAA in the Service. DailyBuilt records the version identifier and content hash of the BAA text Customer accepted and will provide a copy of that accepted text on written request to hello@dailybuilt.co.

Under the BAA, DailyBuilt acts as a Business Associate and Customer acts as a Covered Entity (or, where Customer is itself a business associate, as a business associate for which DailyBuilt acts as Subcontractor), each as defined at 45 C.F.R. § 160.103.

10.3 The BAA controls as to PHI. With respect to Protected Health Information, the BAA controls over any conflicting provision of these Terms, the DPA, or any other incorporated document. Nothing in these Terms limits or reduces DailyBuilt's obligations under the BAA or HIPAA.

10.4 No PHI without the Healthcare Edition and an accepted BAA. Customer must not submit, transmit, store, or cause to be submitted any Protected Health Information to or through the Service unless the Healthcare Edition is enabled for Customer's workspace and the BAA is in effect. If Customer does so, Customer does it at its own risk, DailyBuilt has no obligation under HIPAA with respect to that information, DailyBuilt may delete or quarantine it, and Section 16(d) applies.

10.5 Features not covered for PHI. Some features, integrations, and third-party services connected through the Service are not covered by a business associate agreement and must not be used with PHI. As of the Effective Date these include text messaging, third-party calendar synchronization, advertising and business-listing integrations, and website analytics. The Service applies controls intended to restrict PHI-covered workspaces from those features, but Customer remains responsible for what it enters, connects, and sends.

10.6 Customer's own compliance. Customer is solely responsible for its own compliance with HIPAA and other health-information laws, including its notice of privacy practices, patient authorizations, minimum-necessary determinations, individual-rights responses, its own risk analysis and workforce training, and its notifications to individuals, regulators, and media following a breach. DailyBuilt's obligation is to report to Customer as required by the BAA; the obligation to notify individuals and regulators is Customer's.

10.7 Subprocessors. DailyBuilt's subprocessors are published at dailybuilt.co/subprocessors and, for PHI, in the exhibit to the BAA.

11. AI and beta features

11.1 Availability. DailyBuilt may make features that use artificial intelligence or machine learning ("AI Features") available in the Service. As of the Effective Date, AI Features are not generally available; the AI Operations plan is sold today for its included Invoice Platform Fee waiver, entitlements, and support level, and AI Features are forthcoming. DailyBuilt does not warrant that any particular AI Feature will be released on any schedule.

11.2 Output is not reliable without review. AI-generated content ("Output") may be inaccurate, incomplete, biased, outdated, or otherwise unsuitable, and may appear plausible while being wrong. Customer must have a qualified human review and approve Output before relying on it, acting on it, sending it to an End User, entering it in a record, or using it in any document, message, advertisement, or clinical or financial decision. Output is not legal, medical, clinical, tax, accounting, coding, or professional advice.

11.3 Ownership of Output. As between the parties, and to the extent permitted by law and by DailyBuilt's model providers' terms, Customer owns the Output generated from Customer's inputs and it is treated as Customer Data. Customer acknowledges that Output may not be unique and that similar or identical output may be generated for other customers, and that Output may not be eligible for copyright protection.

11.4 Training; additional terms; PHI. DailyBuilt does not use Customer Data or Output to train, fine-tune, or improve third-party foundation models (Section 6.4). AI Features may be gated behind additional terms, additional fees, or a separate acceptance, and may be made available for use with PHI only if and when DailyBuilt has a business associate agreement in place with the applicable model provider covering that use. Until then, Customer must not submit PHI to any AI Feature.

11.5 Beta features. DailyBuilt may label features as beta, preview, early access, trial, or experimental ("Beta Features"). BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, SERVICE COMMITMENT, OR SUPPORT OBLIGATION, AND MAY BE CHANGED, SUSPENDED, OR WITHDRAWN AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY. Beta Features may contain defects, may lose data, and are not covered by any warranty in the Agreement. Customer's use of a Beta Feature is voluntary and at Customer's sole risk. DailyBuilt's aggregate liability arising from Beta Features is limited as provided in Section 17 and, in addition, DailyBuilt has no liability for the discontinuation of a Beta Feature.

12. Acceptable use, suspension, and enforcement

12.1 Acceptable Use Policy. Customer and its Authorized Users must comply with the Acceptable Use Policy at dailybuilt.co/acceptable-use, which is incorporated by reference and may be updated under Section 20. The AUP reflects requirements that DailyBuilt's own vendors impose downstream, including email-sending, messaging, payment-processing, and advertising-platform policies.

12.2 General restrictions. Without limiting the AUP, Customer will not, and will not permit anyone to: (a) use the Service in violation of law or third-party rights; (b) send unlawful, deceptive, harassing, or unsolicited messages; (c) upload malware or attempt to gain unauthorized access to the Service or another tenant's data; (d) probe, scan, penetration-test, or stress-test the Service without DailyBuilt's prior written authorization, except for good-faith security research conducted within the scope of, and in compliance with, the vulnerability disclosure policy published at dailybuilt.co/security; (e) reverse engineer, decompile, or disassemble the Service or attempt to derive source code, except to the extent that restriction is unenforceable under applicable law; (f) copy, frame, mirror, resell, or make the Service available to a third party except as expressly permitted; (g) remove or obscure proprietary notices or the attribution line displayed on End-User Surfaces; (h) circumvent usage limits, rate limits, entitlements, or access controls; (i) use the Service to build a competing product or to benchmark it for publication without DailyBuilt's written consent; or (j) use automated means to extract data from the Service other than through DailyBuilt's documented APIs within their published limits.

12.3 Suspension ladder. Where practicable, DailyBuilt will contact Customer and give Customer an opportunity to cure before suspending. DailyBuilt may, however, suspend or restrict Customer's access to the Service or any feature immediately and without prior notice where DailyBuilt reasonably determines that: (a) a vendor, carrier, payment processor, advertising platform, or regulator has demanded or required it; (b) continued operation presents a security, deliverability, fraud, legal, or reputational risk to DailyBuilt, its other customers, or the public; (c) Customer's use threatens the integrity or availability of the Service; (d) Customer is transmitting PHI without an active Healthcare Edition and BAA; (e) Customer's account is delinquent as described in Section 4.11; or (f) suspension is required by law or legal process. DailyBuilt will limit the scope and duration of a suspension to what the circumstances reasonably require and will restore access once the cause is resolved.

12.4 No liability for proper suspension. DailyBuilt is not liable to Customer or to any third party for any loss arising from a suspension made in accordance with Section 12.3, Section 4.11, or Section 5.7. A suspension does not extend the Subscription Term, suspend Customer's payment obligations, or entitle Customer to a refund.

12.5 Reporting. Reports of abuse, security vulnerabilities, or unlawful content may be sent to hello@dailybuilt.co. Notifications of claimed copyright infringement must be sent to DailyBuilt's designated agent as described in the Copyright and DMCA Policy at dailybuilt.co/dmca, and must contain the elements required by 17 U.S.C. § 512(c)(3).

13. Intellectual property

13.1 DailyBuilt's rights. DailyBuilt and its licensors own all right, title, and interest in and to the Service, the Site, and all software, code, models, designs, templates, documentation, know-how, and content made available through them, and all intellectual property rights in the foregoing. Except for the limited rights expressly granted in the Agreement, no rights are granted to Customer, by implication, estoppel, or otherwise. DailyBuilt reserves all rights not expressly granted.

13.2 Trademarks. "dailybuilt," "DailyBuilt," the DailyBuilt wordmark and logo, and related marks are trademarks of DailyBuilt. Customer may not use them except (a) to identify Customer as a user of the Service in a factually accurate way, or (b) as expressly permitted in writing. Customer grants DailyBuilt a limited right to display Customer's name and logo on End-User Surfaces provisioned for Customer as Customer configures them, and — solely with Customer's prior written or in-product consent — in DailyBuilt's customer lists and marketing.

13.3 Attribution on End-User Surfaces. DailyBuilt-hosted End-User Surfaces will display a small attribution line identifying DailyBuilt as the technology provider and linking to the End-User Terms and the Consumer Privacy Notice, and payment pages will additionally display the processing disclosure required by DailyBuilt's payment processor. Customer may not remove, hide, or obscure either.

13.4 Feedback. If Customer or an Authorized User provides suggestions, ideas, enhancement requests, bug reports, or other feedback about the Service or the Site, Customer grants DailyBuilt a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, modify, and exploit that feedback for any purpose without restriction, attribution, or compensation. Feedback is not Confidential Information and is provided voluntarily.

13.5 Usage data. DailyBuilt may collect and use technical and usage data about how the Service is configured and used (logs, metrics, event counts, error data, and performance data) to operate, secure, support, and improve the Service, subject to Section 6.3, the DPA, and the BAA.

14. Confidentiality

14.1 Definition. "Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") in connection with the Agreement that is designated confidential or that a reasonable person would understand to be confidential from its nature or the circumstances of disclosure. Customer Data is Customer's Confidential Information. The Service, its non-public features, pricing not published at dailybuilt.co, security documentation, and DailyBuilt's technical and business information are DailyBuilt's Confidential Information. The terms of the Agreement are the Confidential Information of both parties.

14.2 Exclusions. Confidential Information does not include information that Recipient can demonstrate (a) was lawfully known to it without restriction before disclosure, (b) is or becomes public through no fault of Recipient, (c) was lawfully received from a third party without restriction, or (d) was independently developed without use of or reference to Discloser's Confidential Information.

14.3 Obligations. Recipient will (a) use Confidential Information only to perform or exercise rights under the Agreement, (b) protect it with at least reasonable care and no less care than it uses for its own confidential information, and (c) disclose it only to its employees, affiliates, contractors, and professional advisors who need to know it and who are bound by confidentiality obligations at least as protective. Recipient is responsible for their compliance.

14.4 Compelled disclosure. Recipient may disclose Confidential Information to the extent required by law, regulation, subpoena, or court order, provided that (unless legally prohibited) it gives Discloser prompt notice and reasonable cooperation to seek protective treatment. DailyBuilt's policy on subpoenas, court orders, and law-enforcement requests is available on request to hello@dailybuilt.co. PHI is handled as required by the BAA and 45 C.F.R. § 164.512, including § 164.512(e) for disclosures in judicial and administrative proceedings.

14.5 Return or destruction. On written request after termination, Recipient will return or destroy Confidential Information in its possession, except for copies retained in routine backups or as required by law, professional obligation, or the retention schedule described in the Privacy Policy, which remain subject to this Section 14 for as long as they are retained.

14.6 Duration; equitable relief. These obligations continue for three (3) years after disclosure, and indefinitely for trade secrets and for PHI (which is governed by the BAA). The parties agree that a breach of this Section may cause irreparable harm for which damages are an inadequate remedy, and that injunctive relief may be sought without posting a bond (see Section 19.7).

15. Warranty disclaimer

15.1 Limited assurances. DailyBuilt warrants that it will provide the Service with reasonable skill and care and in accordance with the security commitments in Section 6.8 and, where applicable, the BAA. This is the only warranty DailyBuilt makes.

15.2 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN SECTION 15.1, THE SERVICE, THE SITE, THE END-USER SURFACES, ALL TEMPLATES, ALL OUTPUT, ALL BETA FEATURES, AND ALL SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILYBUILT, ITS AFFILIATES, AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND DATA ACCURACY.

15.3 NO OUTCOME OR AVAILABILITY COMMITMENT. DAILYBUILT DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT DATA WILL NOT BE LOST OR CORRUPTED; THAT ANY MESSAGE, EMAIL, TEXT MESSAGE, NOTIFICATION, OR REMINDER WILL BE DELIVERED, DELIVERED ON TIME, OR DELIVERED TO AN INBOX RATHER THAN A SPAM FOLDER; THAT ANY BOOKING, PAYMENT, ADVERTISEMENT, LISTING, OR SIGNATURE REQUEST WILL SUCCEED; OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS, CLINICAL, FINANCIAL, MARKETING, OR LEGAL RESULT. NO SERVICE-LEVEL AGREEMENT OR UPTIME COMMITMENT APPLIES UNLESS EXPRESSLY SET FORTH IN A SIGNED ORDER FORM.

15.4 NO PROFESSIONAL ADVICE. NOTHING IN OR PROVIDED THROUGH THE SERVICE OR THE SITE — INCLUDING TEMPLATES, CHECKLISTS, PROMPTS, DOCUMENTATION, SUPPORT COMMUNICATIONS, OR OUTPUT — IS LEGAL, TAX, ACCOUNTING, MEDICAL, CLINICAL, BILLING, CODING, INSURANCE, INVESTMENT, OR REGULATORY-COMPLIANCE ADVICE, AND NONE OF IT CREATES A PROFESSIONAL RELATIONSHIP. CUSTOMER IS SOLELY RESPONSIBLE FOR ITS OWN LICENSURE, SCOPE OF PRACTICE, STANDARD OF CARE, RECORDKEEPING, TAX POSITIONS, AND REGULATORY COMPLIANCE, AND MUST CONSULT ITS OWN QUALIFIED PROFESSIONALS.

15.5 THIRD-PARTY SERVICES. THE SERVICE DEPENDS ON AND INTEROPERATES WITH THIRD-PARTY SERVICES THAT DAILYBUILT DOES NOT CONTROL, INCLUDING PAYMENT PROCESSING, IDENTITY, EMAIL, MESSAGING, CLOUD HOSTING, CALENDAR, ADVERTISING, BUSINESS-LISTING, SEARCH, AND ANALYTICS PROVIDERS AND MOBILE CARRIERS. DAILYBUILT MAKES NO WARRANTY REGARDING ANY THIRD-PARTY SERVICE AND IS NOT RESPONSIBLE FOR ITS AVAILABILITY, ACTS, OMISSIONS, PRICING, POLICY CHANGES, DEPRECATIONS, ACCOUNT DECISIONS, OR CONTENT. CUSTOMER'S USE OF A THIRD-PARTY SERVICE IS GOVERNED BY THAT PROVIDER'S OWN TERMS, WHICH CUSTOMER IS RESPONSIBLE FOR REVIEWING AND COMPLYING WITH. IF A THIRD-PARTY SERVICE CEASES TO BE AVAILABLE OR CHANGES ITS TERMS, DAILYBUILT MAY MODIFY OR DISCONTINUE THE RELATED FEATURE WITHOUT LIABILITY.

15.6 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the maximum extent permitted by law and any warranty that cannot be excluded is limited in duration to the shortest period permitted.

16. Indemnification

16.1 Indemnification by Customer. Customer will defend, indemnify, and hold harmless DailyBuilt, its affiliates, and their respective officers, directors, employees, contractors, and agents (the "DailyBuilt Indemnitees") from and against any third-party claim, demand, action, investigation, regulatory proceeding, or governmental inquiry (each, a "Claim"), and will pay all damages, fines, penalties, settlements, judgments, and reasonable costs and attorneys' fees finally awarded or agreed in settlement, to the extent arising out of or relating to:

(a) Customer Data and Customer content — including any Claim that Customer Data or content Customer publishes, uploads, transmits, or displays through the Service infringes or misappropriates a copyright, trademark, patent, trade secret, right of publicity, or other right, or violates a privacy, biometric, wiretap, recording, or data-protection law;

(b) Customer's End Users — any Claim brought by or on behalf of an End User, patient, client, customer, guest, or other person arising from Customer's products, services, goods, care, treatment, advice, pricing, scheduling, cancellation or no-show policies, refunds, or business practices, or from Customer's relationship or dealings with that person;

(c) messaging and email law — any Claim arising from messages, calls, or emails sent through the Service at Customer's direction or on Customer's behalf, including alleged violations of the Telephone Consumer Protection Act, state mini-TCPA and telemarketing statutes, the CAN-SPAM Act, CTIA messaging principles, A2P 10DLC rules, carrier requirements, or any consent, opt-out, disclosure, identification, or record-retention requirement;

(d) HIPAA and health information — any Claim arising from Customer's handling of health information, from Customer's placing PHI into the Service without an active Healthcare Edition and BAA, from Customer's use of a feature not designated for PHI to transmit PHI, or from Customer's breach of its own obligations under HIPAA or the BAA;

(e) advertising and listings — any Claim arising from Customer's advertising creative, offers, claims, targeting or audience selections, landing pages, tracking configurations, business listings, or reviews, or from Customer's violation of an advertising platform's policies or terms (including Meta and Google policies) or of advertising, endorsement, or unfair-competition law;

(f) documents — any Claim arising from a document, form, agreement, consent, template, or disclosure that Customer creates, adapts, sends, collects, or executes through the Service, including any dispute about the validity, enforceability, authenticity, authority, or content of a signature or document; and

(g) taxes — any Claim for taxes, interest, or penalties relating to Customer's own sales, services, employment, or business operations, other than taxes on DailyBuilt's net income; and

(h) accessibility — any Claim arising from the accessibility of content, images, documents, colors, forms, or intake questions Customer authors, uploads, configures, or publishes through the Service, or from Customer's own obligations under the Americans with Disabilities Act, Section 504 or Section 508 of the Rehabilitation Act, or any state or local accessibility law.

16.2 Procedure. DailyBuilt will (a) promptly notify Customer in writing of the Claim (a delay in notice reduces Customer's obligations only to the extent Customer is materially prejudiced), (b) give Customer sole control of the defense and settlement, subject to Section 16.3, and (c) provide reasonable cooperation at Customer's expense. DailyBuilt may participate with counsel of its own choosing at its own expense.

16.3 Settlement. Customer may not settle a Claim in a way that (a) imposes any obligation, payment, or restriction on a DailyBuilt Indemnitee, (b) admits fault or wrongdoing by a DailyBuilt Indemnitee, or (c) fails to include an unconditional release of the DailyBuilt Indemnitees, without DailyBuilt's prior written consent, not to be unreasonably withheld. If Customer fails to promptly assume the defense, DailyBuilt may defend the Claim at Customer's expense and settle it with Customer's consent, not to be unreasonably withheld.

16.4 Survival; outside the cap. Customer's obligations under this Section 16 survive termination of the Agreement and are not subject to the limitations in Section 17.

16.5 Indemnification by DailyBuilt (intellectual property only). DailyBuilt will defend Customer against a third-party Claim alleging that the Service, as provided by DailyBuilt and used by Customer in accordance with the Agreement, directly infringes a United States patent, copyright, or trademark or misappropriates a trade secret, and will pay damages and costs finally awarded against Customer or agreed in settlement by DailyBuilt for that Claim, subject to Sections 16.6–16.8 and to the limitations in Section 17.

16.6 Exclusions. DailyBuilt has no obligation under Section 16.5 to the extent a Claim arises from (a) Customer Data, Customer content, Templates as modified by Customer, or anything Customer supplies; (b) use of the Service in combination with any product, data, service, or process not provided by DailyBuilt, where the Claim would not have arisen but for the combination; (c) modification of the Service by anyone other than DailyBuilt; (d) use of the Service after DailyBuilt notifies Customer to stop, or use of a superseded version where the Claim would have been avoided by using the current version; (e) Beta Features, free trials, or features provided at no charge; (f) Customer's breach of the Agreement or use of the Service in violation of law; or (g) a third-party service Customer connects to the Service.

16.7 Remedies. If the Service is, or in DailyBuilt's reasonable opinion is likely to become, the subject of a Claim under Section 16.5, DailyBuilt may, at its option and expense: (a) procure the right for Customer to continue using the Service; (b) modify or replace the affected part of the Service so it is non-infringing and materially equivalent; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected part of the Service or the Agreement on written notice and refund a pro-rata portion of prepaid, unused fees.

16.8 Sole remedy. Sections 16.5 through 16.7 state DailyBuilt's entire liability and Customer's exclusive remedy for any claim of intellectual property infringement or misappropriation by the Service.

16.9 Procedure for DailyBuilt's indemnity. Section 16.2 and Section 16.3 apply reciprocally, with the roles of the parties reversed, to a Claim indemnified under Section 16.5.

17. Limitation of liability

17.1 EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR DAILYBUILT'S AFFILIATES, LICENSORS, OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, BOOKINGS, PATIENTS OR CLIENTS, DATA, OR USE, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICE, OR THE SITE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17.2 GENERAL CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILYBUILT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICE, OR THE SITE WILL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO DAILYBUILT UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE LIABILITY.

17.3 SUPER-CAP FOR DATA-SECURITY, CONFIDENTIALITY, AND HIPAA BREACHES. NOTWITHSTANDING SECTION 17.2, DAILYBUILT'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM DAILYBUILT'S BREACH OF ITS OBLIGATIONS UNDER SECTION 6.8 (SECURITY), SECTION 14 (CONFIDENTIALITY), OR THE BAA WILL NOT EXCEED THREE (3) TIMES THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO DAILYBUILT UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE LIABILITY. THIS SUPER-CAP IS THE SOLE ELEVATED CAP AND IS NOT CUMULATIVE WITH THE CAP IN SECTION 17.2.

17.4 What sits outside the caps. The limitations in Sections 17.2 and 17.3 do not apply to: (a) Customer's obligation to pay fees, including Invoice Platform Fees, amounts owed under Section 5.5, and taxes; (b) Customer's indemnification obligations under Section 16.1; (c) either party's fraud or willful misconduct; (d) Customer's infringement or misappropriation of DailyBuilt's intellectual property; or (e) any liability that cannot be limited or excluded under applicable law.

17.5 Aggregate, not per-claim. The caps in Sections 17.2 and 17.3 are aggregate across all claims and all causes of action and are not multiplied by the number of claims, incidents, Authorized Users, workspaces, End Users, or records affected. Where the Service has been provided at no charge (including during a free trial or for Beta Features), DailyBuilt's aggregate liability will not exceed one hundred U.S. dollars ($100).

17.6 Basis of the bargain. The parties agree that the limitations and exclusions in this Section 17 and the disclaimers in Section 15 are an essential basis of the bargain, that the fees reflect the allocation of risk they create, and that DailyBuilt would not provide the Service on these prices without them.

17.7 Savings clause. If any limitation or exclusion in Section 15 or Section 17 is held unenforceable, it will be enforced to the greatest extent permitted by applicable law, and the remaining provisions of those Sections remain in effect. Some jurisdictions do not allow certain limitations; in those jurisdictions DailyBuilt's liability is limited to the greatest extent permitted by law.

17.8 Time limit. The limitations period for any claim is the one provided by applicable law; nothing in the Agreement shortens it. The parties acknowledge Fla. Stat. § 95.03. The informal-resolution period in Section 19.1 tolls, and does not consume, any applicable limitations period.

18. Term, suspension, and termination

18.1 Term. The Agreement begins when Customer first accepts it and continues until all subscriptions have expired or been terminated (the "Term"). Each subscription runs for the billing period selected at checkout or stated in an Order Form and renews as provided in Section 4.3 (each, a "Subscription Term").

18.2 Termination for convenience. Customer may terminate at any time by cancelling under Section 4.3(d); termination is effective at the end of the then-current Subscription Term, except as provided in Section 4.5(b)(ii) for annual plans, with refunds as provided in Section 4.5. DailyBuilt may terminate a subscription for convenience effective at the end of the then-current Subscription Term on at least thirty (30) days' written notice, and will refund a pro-rata portion of prepaid, unused fees if it does so.

18.3 Termination for cause. Either party may terminate the Agreement immediately on written notice if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after written notice describing it. DailyBuilt may terminate immediately, without a cure period, if: (a) Customer's account remains delinquent after the process in Section 4.11; (b) Customer's use is suspended under Section 12.3 and the cause is not remedied within thirty (30) days; (c) Customer's breach cannot reasonably be cured, or involves unlawful activity, fraud, or a threat to the security or integrity of the Service or another tenant's data; (d) a vendor, carrier, processor, platform, or regulator requires DailyBuilt to stop serving Customer; or (e) either party becomes insolvent, makes an assignment for the benefit of creditors, or has a receiver appointed or a bankruptcy proceeding commenced that is not dismissed within sixty (60) days.

18.4 Effect of termination. On termination or expiration: (a) all rights granted to Customer under the Agreement end immediately and Customer must stop using the Service; (b) Customer's End-User Surfaces (including its booking page and any hosted signing or payment pages) are taken offline; (c) all fees accrued through the effective date of termination become immediately due; (d) Customer remains responsible for its own transactions, refunds, chargebacks, and negative balances on its connected payment account, which are governed by the Stripe Services Agreement; and (e) the provisions listed in Section 21.9 survive.

18.5 Data retrieval window. For thirty (30) days after termination or expiration, Customer may request a copy of its Customer Data. A self-service export feature is not available in the Service today; DailyBuilt delivers the export on Customer's written request to hello@dailybuilt.co, in a structured, machine-readable format, at no charge for one export per workspace, within a commercially reasonable period after DailyBuilt verifies the request. DailyBuilt may charge a reasonable fee for additional or unusually burdensome exports. Customer should not rely on the Service as its system of record for documents it is required to retain; Customer is responsible for maintaining its own copies of records subject to legal or professional retention duties.

18.6 Deletion after the window. After the thirty-day window, DailyBuilt may delete Customer Data. Deletion is subject to (a) legal, regulatory, professional, and contractual retention obligations, including the retention floors described in the Privacy Policy at dailybuilt.co/privacy; (b) DailyBuilt's append-only audit log, which records system and access events and is not deleted on request because its integrity is itself a security and compliance control; and (c) backup and archive media, from which data expires on the ordinary backup cycle. Data retained under (a)–(c) remains protected by Section 14 and, for PHI, by the BAA for as long as it is retained.

18.7 PHI on termination. The return or destruction of PHI on termination is governed exclusively by the BAA, including any provision under which DailyBuilt retains PHI where return or destruction is not feasible and extends the BAA's protections to that PHI for as long as it is retained.

18.8 Suspension is not termination. A suspension under Section 4.11, Section 5.7, or Section 12.3 does not terminate the Agreement, and Customer's obligations, including payment obligations, continue during a suspension.

19. Dispute resolution — BINDING ARBITRATION AND CLASS-ACTION WAIVER

PLEASE READ THIS SECTION 19 CAREFULLY. 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, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF THIS SECTION 19 WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.9.

19.1 Informal resolution first. Before starting an arbitration, the initiating party must send a written notice of dispute to the other — to DailyBuilt at hello@dailybuilt.co and c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808, or to Customer at its account email address — describing the claim, the facts supporting it, and the relief sought. The parties will negotiate in good faith for sixty (60) days after the notice. This informal-resolution period is a condition precedent to arbitration, and any applicable limitations period is tolled while it runs.

19.2 Agreement to arbitrate. If the dispute is not resolved under Section 19.1, any dispute, claim, or controversy arising out of or relating to the Agreement, the Service, the Site, the End-User Surfaces, or the relationship between the parties — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination — will be resolved by final and binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, where applicable and agreed, its Streamlined Rules) in effect at the time the arbitration is commenced, as modified by this Section 19.

19.3 Arbitrator, seat, and procedure. The arbitration will be heard by one (1) arbitrator. The seat and location of the arbitration is Miami-Dade County, Florida, and hearings will be held there or, at the parties' election, by videoconference or on the documents alone. The arbitrator has exclusive authority to resolve all threshold issues, including arbitrability, scope, formation, and enforceability of this Section 19 — except that the enforceability of the class-action waiver in Section 19.5 is for a court, not the arbitrator, to decide. The arbitrator may award any relief a court could award to that individual claimant, and the award is final and may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section 19.

19.4 JURY-TRIAL WAIVER. EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICE, OR THE SITE. THIS WAIVER APPLIES WHETHER OR NOT THE ARBITRATION AGREEMENT IN THIS SECTION 19 IS ENFORCED.

19.5 CLASS, COLLECTIVE, AND REPRESENTATIVE-ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR ENTITY (EXCEPT AS EXPRESSLY PERMITTED BY SECTION 19.8) AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY'S INDIVIDUAL CLAIM.

19.5A Public injunctive relief. Nothing in this Section 19 waives, or is intended to waive, any 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 19 and stayed pending the arbitration of all arbitrable claims, and is then heard only in the courts identified in Section 19.11. The remainder of Section 19 stays in full force.

19.5B Representative and private-attorney-general claims. If a party brings 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 19, and (b) the non-individual or representative component alone is severed from this Section 19 and stayed pending completion of that arbitration, and may then be brought only in the courts identified in Section 19.11. Severance under this Section does not affect the enforceability of the remainder of Section 19.

19.6 Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction, so long as the claim remains individual and in that court and does not seek class or representative relief.

19.7 Injunctive-relief carve-out. Either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in the state or federal courts located in Miami-Dade County, Florida, to prevent or stop actual or threatened infringement, misappropriation, or violation of its intellectual property rights or breach of Section 14 (Confidentiality), without first complying with Sections 19.1–19.3 and without waiving any part of this Section 19. Each party consents to the personal jurisdiction and venue of those courts for that purpose.

19.8 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 twenty-five (25) or more demands for arbitration of a substantially similar nature are filed against the same party by or with the assistance of the same law firm or coordinated group of firms within a ninety (90) day period, the demands will be resolved in batches of no more than fifty (50), as follows: (a) JAMS will group the demands into batches by filing date and, within each batch, appoint one arbitrator for the entire batch; (b) each batch is administered as a single arbitration with one arbitrator; (c) the parties will select two bellwether batches to be arbitrated first, each party selecting one, and 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, and no demand may be stayed under this Section for more than twelve (12) months from the date the first batch is filed; (d) after the bellwether batches are decided, the parties will engage in a single global mediation of the remaining demands within a single ninety (90) day mediation window, after which the remaining batches proceed whether or not that mediation has concluded; and (e) all applicable limitations periods are tolled for all demands from the date the first demand in the group is filed until that demand's batch is resolved. Fees are governed by the JAMS Mass Arbitration Fee Schedule; in no event will any individual claimant be required to pay more than the fee allocated to that claimant under Section 19.12 or, where the JAMS Consumer Arbitration Minimum Standards apply, more than the $250 consumer fee those Standards permit, and DailyBuilt will pay every other fee. Neither party may take a position inconsistent with this protocol, and the arbitrator and JAMS are authorized to enforce it. This Section is severable; if it is held unenforceable, the remainder of Section 19 remains in effect.

19.9 30-day right to opt out. Customer may opt out of this Section 19 (other than Section 19.4, the jury-trial waiver, which applies regardless) within thirty (30) days after the date Customer first accepts these Terms (or first accepts a version of these Terms containing this Section 19), either by sending an email to hello@dailybuilt.co with the subject line "Arbitration Opt-Out" or by mailing a written opt-out to DailyBuilt at the notice address in Section 21.3. An opt-out should state Customer's legal name, the workspace or account name, and a clear statement that Customer opts out of the arbitration agreement. DailyBuilt will not reject an otherwise clear opt-out because of its subject line, format, or a missing detail. DailyBuilt will confirm receipt in writing within ten (10) business days; if DailyBuilt cannot show that it did not receive a timely opt-out, the opt-out is treated as effective. Opting out does not affect any other part of the Agreement and will not adversely affect Customer's relationship with DailyBuilt. If Customer opts out, Sections 19.10 and 19.11 govern. An opt-out is permanent. It applies to this and every future version of these Terms, and no later amendment to this Section 19 re-subjects Customer to arbitration.

19.10 Severability and the fall-together rule. If the class, collective, and representative-action waiver in Section 19.5 is held invalid or unenforceable as to any claim or any part of a claim, then the entire arbitration agreement in this Section 19 is null and void as to that claim, and that claim must be brought in court under Section 19.11. THE PARTIES DO NOT AGREE TO CLASS ARBITRATION UNDER ANY CIRCUMSTANCES. If any other provision of this Section 19 is held unenforceable (including any operation of Sections 19.5A or 19.5B, which are severance rules and never trigger the preceding sentence), it will be severed and the remainder of Section 19 enforced.

19.11 Governing law and judicial forum. The Agreement and any dispute arising out of or relating to it, the Service, or the Site are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act and other federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration — because it falls within Section 19.6 or 19.7, because Customer opted out under Section 19.9, or because Section 19.10 applies — the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection based on inconvenient forum.

19.12 Fees. Each party bears its own attorneys' fees and costs except where a statute or the arbitrator's award provides otherwise. Filing, administrative, and arbitrator fees are allocated under the JAMS rules and, where applicable, the JAMS Consumer Arbitration Minimum Standards. DailyBuilt will pay each JAMS invoice on or before its due date. Where the JAMS Consumer Arbitration Minimum Standards apply, those Standards control over any inconsistent provision of Section 17 or this Section 19, and any remedy that applicable law makes available to a party but that cannot be awarded in the arbitration is preserved to that party in a court of competent jurisdiction in Miami-Dade County, Florida.

19.13 Survival. This Section 19 survives termination of the Agreement and Customer's deletion of its account.

20. Modifications to these Terms

20.1 How changes are made. DailyBuilt may modify these Terms and any incorporated document. The current version is always published at dailybuilt.co/terms with its effective date at the top.

20.2 Notice of material changes. For any change that materially and adversely affects Customer's rights or obligations, DailyBuilt will give Customer at least thirty (30) days' advance notice, by email to Customer's account email address and by in-product notice, before the change takes effect, except where a shorter period is required to comply with law, a payment-network, carrier, or other vendor requirement, or an urgent security or abuse need, as provided in Acceptable Use Policy Section 16.1. Non-material changes (clarifications, typographical corrections, updated links, new features that do not reduce Customer's rights) take effect when posted.

20.3 No retroactive application. A change applies only prospectively, from its effective date. Changes do not apply to a dispute of which either party gave notice before the change took effect. No change to Section 19 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 19 re-subjects a Customer who has opted out under Section 19.9. Where DailyBuilt offers a new opportunity to opt out of Section 19 in connection with a change, that opportunity is additional and is available to a Customer that has not previously opted out; a Customer that has already opted out need not opt out again.

20.4 Customer's remedy. If Customer does not agree to a material change, Customer's remedy is to terminate the Agreement by cancelling under Section 4.3(d) before the change takes effect. In that case DailyBuilt will refund a pro-rata portion of prepaid, unused fees for the remainder of the then-current Subscription Term, calculated on the same monthly basis as Section 4.5(b)(ii) (one twelfth of the annual fee paid for each full unused calendar month) but issued automatically, without the request described there. Continuing to use the Service after the change takes effect is acceptance of the change.

20.5 Version archive. DailyBuilt maintains an archive of prior versions of these Terms and will make a prior version available on request to hello@dailybuilt.co.

20.6 Order Forms. A change to these Terms does not amend a signed Order Form. Negotiated terms in an Order Form remain in effect for the term of that Order Form.

20.7 The BAA. Amendments to the BAA are governed by the BAA and by HIPAA, not by this Section 20, and no amendment to these Terms reduces DailyBuilt's obligations under the BAA.

21. General

21.1 Entire agreement. The Agreement — these Terms together with the Acceptable Use Policy (dailybuilt.co/acceptable-use), the SMS Terms (dailybuilt.co/sms-terms), the Billing, Refunds and Cancellation terms (dailybuilt.co/billing), the Data Processing Addendum (dailybuilt.co/dpa), the Privacy Policy (dailybuilt.co/privacy), the BAA where applicable, and any Order Form — is the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, written or oral, including any prior "Terms of Service" published at dailybuilt.co/terms. No purchase order, vendor portal terms, click-through terms in Customer's own systems, or other Customer document has any effect, and any such terms are rejected. The documents listed in Section 1.1 are the only documents incorporated into the Agreement. Any other DailyBuilt page, policy, or statement referenced in these Terms — including the security, accessibility, cookie, consumer-health-data, legal-process, subprocessor, Meta data-deletion, and copyright pages, the End-User Terms, and the Consumer Privacy Notice — is provided for information, is not incorporated into the Agreement, and creates no warranty, covenant, or specification.

21.2 Order of precedence. In the event of a conflict, the following order controls, from highest to lowest: (a) a signed Order Form, except as to Protected Health Information, where Section 10.3 governs; (b) the BAA, as to Protected Health Information; (c) the DPA; (d) these Terms; (e) the incorporated policies (Acceptable Use Policy, SMS Terms, Billing page). No term of any Order Form operates to reduce the protections the BAA affords Protected Health Information below what the HIPAA Rules require, and any such term is of no effect as to Protected Health Information. The Privacy Policy is a notice, not a limitation on the parties' obligations under the DPA or the BAA.

21.3 Notices. Notices to DailyBuilt must be in writing and sent to hello@dailybuilt.co and, for notices of dispute, termination for cause, or indemnification, also by mail to DailyBuilt, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Notices to Customer are given by email to the account email address, by in-product notice, or by mail to the address in Customer's account. Notice is deemed given on the day sent by email (or the next business day if sent after 5:00 p.m. in the recipient's local time) and three (3) business days after deposit with a national courier or the U.S. mail. Customer must keep its notice address current.

21.4 Assignment. Customer may not assign or transfer the Agreement, in whole or in part, by operation of law or otherwise, without DailyBuilt's prior written consent, except to a successor to all or substantially all of Customer's business or assets that is not a competitor of DailyBuilt, provided Customer gives DailyBuilt written notice and the successor agrees in writing to be bound. DailyBuilt may assign the Agreement to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void. The Agreement binds and benefits the parties' permitted successors and assigns.

21.5 Independent contractors. The parties are independent contractors. The Agreement creates no partnership, joint venture, employment, franchise, fiduciary, or agency relationship, and neither party may bind the other.

21.6 Force majeure. Neither party is liable for a failure or delay in performance (other than a payment obligation) caused by circumstances beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or public-health emergency, war, terrorism, civil unrest, labor disturbance, government action, law or regulation, embargo, failure or interruption of the internet, telecommunications, cloud infrastructure, electrical power, or a third-party service, and denial-of-service or other malicious attacks. The affected party will use reasonable efforts to mitigate and resume performance.

21.7 No third-party beneficiaries. The Agreement is for the benefit of the parties only and creates no rights in any third party, except that (a) the DailyBuilt Indemnitees may enforce Section 16.1, and (b) DailyBuilt's affiliates, licensors, and suppliers may enforce Sections 15 and 17. End Users are not third-party beneficiaries of the Agreement.

21.8 Export, sanctions, and government use. Customer will comply with all U.S. export-control and economic-sanctions laws, including regulations of the U.S. Department of Commerce Bureau of Industry and Security and the U.S. Treasury Office of Foreign Assets Control. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in a comprehensively sanctioned country or region, is not a Specially Designated National or otherwise on a U.S. restricted-party list, is not owned or controlled by such a person, and will not permit access to the Service by any such person. The Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202; U.S. Government end users acquire only the rights set out in the Agreement.

21.9 Survival. Sections 1.7, 1.8, 2.3, 4 (as to accrued amounts and Sections 4.3(g), 4.5, 4.8, 4.9(c), 4.11, 4.12, 4.13), 5.3, 5.5, 6.1, 6.3, 6.4, 6.5, 6.9, 8.1–8.7, 9, 10.3, 10.4, 10.6, 11.2, 11.3, 12.4, 13, 14, 15, 16, 17, 18.4–18.8, 19, 21, and any other provision that by its nature should survive, survive termination or expiration of the Agreement.

21.10 Severability. If any provision of the Agreement is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions remain in full force and effect. Section 19.10 governs severability within Section 19.

21.11 Waiver. No failure or delay in exercising a right is a waiver of it, and no single or partial exercise precludes further exercise. A waiver is effective only if in writing and signed by the waiving party.

21.12 Interpretation. Headings are for convenience only. "Including" means "including without limitation." References to a policy or document at a URL mean that document as updated from time to time under Section 20. The Agreement will not be construed against the drafter.

21.13 Copyright complaints. Copyright complaints are handled under the Copyright and DMCA Policy at dailybuilt.co/dmca, which identifies DailyBuilt's designated agent under the Digital Millennium Copyright Act, the elements a notification must contain under 17 U.S.C. § 512(c)(3), the counter-notification process, and DailyBuilt's repeat-infringer policy. Complaints that are not copyright complaints may be sent to hello@dailybuilt.co.

21.14 Legal process. DailyBuilt's policy on subpoenas, court orders, and law-enforcement requests is published at dailybuilt.co/legal-process.

21.15 Related documents. Acceptable Use Policy: dailybuilt.co/acceptable-use · SMS Terms: dailybuilt.co/sms-terms · Billing, Refunds and Cancellation: dailybuilt.co/billing · Privacy Policy: dailybuilt.co/privacy · Data Processing Addendum: dailybuilt.co/dpa · End-User Terms: dailybuilt.co/end-user-terms · Consumer Privacy Notice: dailybuilt.co/consumer-privacy-notice · Subprocessors: dailybuilt.co/subprocessors · Copyright and DMCA Policy: dailybuilt.co/dmca · Law Enforcement and Legal Process Policy: dailybuilt.co/legal-process · Security overview: dailybuilt.co/security. DailyBuilt's accessibility, cookie, consumer-health-data, and Meta data-deletion policies are published at dailybuilt.co as they become available, and a copy of any of them is available on request to hello@dailybuilt.co.

21.16 Contact.

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

21.17 Availability of incorporated documents. Each document incorporated under Section 1.1 is available at the address stated and, at any time, by written request to hello@dailybuilt.co, which DailyBuilt will answer within five (5) business days. DailyBuilt maintains a dated archive of every version of each such document and records, at the time of Customer's acceptance, the version identifier and a cryptographic hash of the text accepted. If an incorporated document is temporarily unavailable at its stated address, the most recent archived version DailyBuilt made available before the interruption governs, and the interruption does not affect the validity or enforceability of the Agreement or of that document. If DailyBuilt permanently ceases to publish an incorporated document without replacing it, the last version in effect continues to govern.