Terms of service

Who we are and what these terms cover

These Terms of Service (“Terms”) are the agreement between you and Ghostwood Software LLC (“Daypart”, “we”, “us”) for the Daypart website and web app at daypart.app and the Daypart iOS app (together, the “Service”). By creating an account, accepting an invitation to a team, or otherwise using the Service, you agree to these Terms. If you don't agree, don't use the Service.

Our Privacy Policy explains how we handle personal data and is part of these Terms.

Accounts and roles

• Who can sign up. You must be at least 18 and, if you create a business, authorized to bind that business to these Terms. By signing up you confirm both.
• Owners, managers, employees. An owner creates the business, pays for it, and controls its data. Managers are invited by the owner or other managers and build schedules and handle requests within the limits the owner sets. Employees are invited to see their shifts, set availability, and make swap and time-off requests. Owners are responsible for everyone they invite and for making sure their team's use of Daypart follows the laws that apply to them, including wage-and-hour and scheduling laws.
• Your password. Keep it to yourself; you're responsible for what happens under your account. Two-factor authentication is available in Settings and we recommend it. If you think your account has been compromised, email support@daypart.app right away.
• One person, one account. Don't share logins. If you work for more than one business, each can invite the same email address; one account can belong to several teams.

Your data

• It's yours. You keep every right to the business and scheduling information you put into Daypart (“Your Data”). We claim no ownership of it.
• What we may do with it. You give us a limited, non-exclusive license to store, process, and display Your Data to run and improve the Service for you. That license ends when you delete your account, except for backups and records described in the Privacy Policy.
• Your team's data. When an owner or manager adds people to Daypart, they confirm they have the right to do so and have given those people any notice their local law requires. For employee data, your business decides what is collected and why; Daypart processes it on your behalf.
• Exports and backups. Managers can export the business's schedule, hours, and time-off records as CSV files at any time. We keep backups of our server, but keep your own copy of anything you can't afford to lose.
• Deleting your account. You can delete your account yourself, on the web in Settings or in the iOS app under Me. If you're the only owner and only member of a business, the business and its data go with it; if other people are on the team, you'll be asked to hand ownership to someone first. Deleted data can remain in server backups for about a week before it rolls off.

Free trial, subscription and billing

• The trial. Every new business starts with a 30-day free trial of the full Team plan. No card is needed. When the trial ends without a subscription, the business becomes read-only: everyone can still see the schedule, but nothing can be changed until the business subscribes. Nothing is deleted.
• The plan. Daypart has one paid plan, Team. Its price and limits are on the pricing page and may change over time. Subscriptions are billed monthly in advance, in U.S. dollars, through Stripe, which handles your card details; we never see the full card number. Prices don't include sales tax, VAT, or similar, which you're responsible for where they apply.
• If a payment fails. Stripe retries and emails you. If the subscription ends, the business returns to read-only, with its data intact, until it is renewed.
• Cancelling. Owners can cancel at any time from the billing page in the app. Cancellation takes effect at the end of the period you've paid for, and the business keeps its paid features until then.
• Refunds. Subscription payments are non-refundable except where the law requires otherwise. If you believe you were charged in error, email support@daypart.app within 30 days of the charge and we'll look into it.
• Price changes. We'll give active subscribers at least 30 days' notice by email before a price change takes effect. If you don't agree with the new price, cancel before it starts.
• Nothing is sold in the iOS app. You can't buy or upgrade a subscription inside the Daypart iOS app. Subscriptions are managed on the web at daypart.app.

Acceptable use

You agree not to:

• use the Service in a way that breaks the law, including employment, scheduling, and labor laws, or to harass, defame, or invade the privacy of anyone;
• try to get into accounts, servers, or data that aren't yours, or interfere with the Service (including denial-of-service attempts and getting around rate limits or the bot checks);
• scrape, crawl, or bulk-extract data from the Service with automated tools, except for the exports the app provides;
• reverse-engineer the Service, or resell, sublicense, or commercially exploit it without a separate written agreement with us;
• use the Service to send unsolicited bulk messages, or upload malicious code.

We may suspend or close accounts that break these rules.

Availability and changes to the Service

We work to keep Daypart up, but we don't promise it will be available at every moment. There may be planned maintenance and unplanned outages, and we aren't liable for downtime. We may add, change, or remove features. If we materially reduce the Service or shut it down, we'll give active subscribers at least 30 days' notice by email.

Third-party services

Daypart relies on a small number of providers to run: Stripe for payments, Resend for transactional email, Apple for iOS push notifications, Cloudflare for the bot check on our forms, and Hetzner for hosting. Their own terms govern their services; we aren't responsible for their availability or conduct. The Privacy Policy says what each receives.

Intellectual property

The Daypart name, wordmark, software, and design belong to Ghostwood Software LLC. These Terms give you the right to use the Service as intended and nothing more. If you send us feedback or suggestions, we may use them without owing you anything.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Daypart is a scheduling tool. It is not a legal-compliance product and we don't give legal advice. You're responsible for making sure the schedules you publish comply with the laws that apply to your business, including predictive-scheduling and fair-workweek rules, overtime, breaks, and rules for minors.

Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE AREN'T LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM THESE TERMS OR THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) $100.

Some places don't allow these limits; where that's the case, our liability is limited as far as the law permits.

Indemnification

You agree to defend and hold harmless Ghostwood Software LLC and its officers, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) that arise from your use of the Service, your breach of these Terms, your violation of a law or of someone else's rights (including your employees' rights), or the data you put into the Service.

Termination

• By you: stop using the Service and delete your account at any time, as described above.
• By us: we may suspend or close your account if you breach these Terms, don't pay, or use the Service in a way that puts us or other customers at legal risk. We'll give reasonable notice when we can.
• What survives: the sections on your data, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and general terms survive termination.

Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be brought in the state or federal courts located in North Carolina, and both of us consent to their jurisdiction. Before filing anything, write to us at support@daypart.app; most problems can be sorted out directly.

Changes to these Terms

We may update these Terms. When we do, we'll change the “Last updated” date at the top of this page, and for material changes we'll email business owners at least 30 days before they take effect. Using the Service after that date means you accept the new Terms.

General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
• No waiver. If we don't enforce a provision, we haven't given it up.
• Severability. If part of these Terms can't be enforced, the rest still applies.
• Assignment. You can't transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of assets.
• Events beyond our control. We aren't liable for delays or failures caused by things we can't reasonably control, such as internet outages, natural disasters, or government action.

Contact us

Questions about these Terms? Email support@daypart.app or reach us through our site at daypart.app.