Welcome to MYSOFTDAY! These Terms of Use (the "Terms") govern your use of our web-based management platform and any websites, applications, features, products, resources, or services provided, owned, or operated by MYSOFTDAY (the "Services," "Subscription," or "Products").
Please take a moment to read these Terms carefully before subscribing to or using any of the Services. These Terms are a legal contract between MYSOFTDAY Inc. ("MYSOFTDAY," "we," "us," or "our") and each person who uses the Services. If you are entering into these Terms on behalf of a company, organization, or another legal entity, you are agreeing to these Terms for that entity and representing to MYSOFTDAY that you have the authority to bind such entity to these Terms.
In these Terms, we use the term "Service Provider" or "Subscriber" to refer to anyone who subscribes to and pays for our management platform, including their individual sub-users who have gained access from the Service Provider and use the subscription and services. We use the words "you" and "your" to refer to any user of our Services (such as a staff member at a Subscriber’s business or an individual browsing or using our websites and resources) who accepts these Terms. However, in certain contexts—such as, for example, relating to the handling of Subscriber Data—the term "you" will refer specifically to Subscribers (and their individual sub-users), and will not include Clients. We use the word "Client" or “Subscriber's Client” to refer to any individual that interacts with MYSOFTDAY’s management platform to book the services of a Subscriber.
Acceptance
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY NOTICE. If you cannot enter into this agreement (for reasons such as not being authorized to do so on behalf of an entity, or not being over the age of majority), or do not want to accept these Terms, you should not access our site or the Services. We may update or amend these Terms from time to time. In such cases, we will notify you of the updates, and you will be required to accept the new terms to continue using the Services.
Arbitration Notice and Class Action Waiver
You agree that any disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration. This means you agree to resolve any legal claims individually, without joining a class action, and you cannot bring a collective legal action against MYSOFTDAY.
Notice to Clients
If you are a Client, please note that your Service Provider controls your information, including your contact details, billing information, and other records. The exception to this is your MYSOFTDAY ID authentication credentials (such as your user ID or email and password), which are controlled by MYSOFTDAY. If you have any questions about your information or how it is collected and used, please speak directly with your Service Provider, as they have chosen our management platform to manage the services they provide to you. For more information about how the Client's information is collected and processed in connection with our management platform, please refer to our Privacy Notice.
Updates to Terms and Notifications
We may update these Terms from time to time, and we will notify you of any significant changes. These notifications will be provided through the platform or by email. By continuing to access or use the Services after such changes, you agree to be bound by the updated Terms.
Data Privacy and Security
At MYSOFTDAY, we take the privacy and security of your data seriously. For more information on how we collect, process, and protect your data, please refer to our Privacy Notice. It outlines our practices in detail, including how we handle the information you provide and the security measures we have in place.
Intellectual Property
Intellectual Property Rights
MYSOFTDAY retains all right, title, and interest in and to its respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights now existing or in the future arising (the “Intellectual Property Rights”). Similarly, you retain all right, title, and interest in and to your Intellectual Property Rights. The rights granted to you to use the Services under these Terms do not convey any additional rights in the Services, nor in any Intellectual Property Rights of MYSOFTDAY associated with the Services. Subject only to the limited rights of use and access of the Services stated in these Terms, all rights, title, and interest in and to the Services, including Intellectual Property Rights therein, will remain with, and belong exclusively to, MYSOFTDAY. All rights, title, and interest in and to any intellectual property created, developed, or arising from your use of the Services, including but not limited to software, features, designs, or content created through the Services, will belong exclusively to MYSOFTDAY.
Use of MYSOFTDAY Marks
You may only use the MYSOFTDAY trademarks (or, simply, the “Marks”) in a manner permitted by MYSOFTDAY’s Trademark Usage Guidelines (the “Guidelines”) and accompanying ‘Brand Asset Guide.’ MYSOFTDAY reserves the right to modify or update these Guidelines at any time without prior notice to you. It is your responsibility to review the most current version of the Guidelines before using any Marks.
License to You
MYSOFTDAY grants you a limited license to access and use (i.e., display, print, download) the materials and content within the Services on a personal computer or device for: (i) your internal business purposes; or (ii) your own personal, non-commercial use, provided that:
MYSOFTDAY may revoke or modify the license granted to you at any time at its sole discretion.
Confidentiality
You understand and agree that any non-public information we provide to you such as information about how the Service operates, the contents of any technical documentation, descriptions of any technical safeguards and measures, any communications related to these Terms or the Services, and any other non-public information (collectively, “Confidential Information”) are our proprietary and confidential information. Unless disclosure is required by law or court order, you agree to not disclose Confidential Information to any person other than your legal advisor, accountant, financial advisor, or employees who need to know such information for the purpose of advising you (“Advisor”), provided the Advisor uses such information solely for the purpose of advising you and also agrees to maintain the confidentiality of the Confidential Information. Your obligations to maintain the confidentiality of any Confidential Information will survive the termination of these Terms and your use of the Services.
Your Feedback and Contributions
Any feedback or contributions you provide will be at your discretion, and MYSOFTDAY is under no obligation to use, incorporate, or respond to your suggestions. You acknowledge that MYSOFTDAY has the right, but not the obligation, to implement your suggestions or feedback in future versions of the Services. By submitting feedback or contributions, you grant MYSOFTDAY a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right and license to use, modify, and distribute your feedback and contributions, including incorporating them into the Services and sharing them with other users of the Services. Providing feedback or contributions does not make you an author, inventor, or contributor of the Services and does not entitle you to any compensation or ownership rights in the Services.
Third-Party Services
We may offer integrations with third-party services that you may choose to use with our Services, such as email services, payment processing, online bookkeeping, electronic billing, and others for your convenience. MYSOFTDAY does not control, endorse, or assume any responsibility for any third-party services or integrations, and is not liable for any damages or losses arising from your use of these third-party services. Additionally, by using these third-party services, you may be subject to their own terms and conditions, and you agree to abide by such terms.
Acceptable Use Policy
Acceptable Use Policy Users of our Services are expected to behave responsibly and to show respect for our people, our Intellectual Property Rights, other users of MYSOFTDAY’s Services, and the law. You agree that you will only use the Services in a manner that is compliant with all applicable laws. You also agree to communicate with MYSOFTDAY team members in a mutually respectful manner at all times and agree to abide by our Community Standards.
In addition, you must not:
MYSOFTDAY reserves the right to suspend or terminate your use of any or all of the Services, or take other appropriate remedial action, to address any inappropriate conduct or any violation or suspected violation of our Acceptable Use Policy or these Terms.
Subscribing
You can subscribe to our management platform by signing up for one of our available subscription plans and paying the applicable fees. Subscriptions run on a monthly and yearly basis. Fees are charged monthly or yearly in advance in accordance with the billing information provided by you to us, and if you have elected to subscribe, you hereby authorize us to initiate debits through your selected payment method for such amounts. Your subscription may be updated based on usage and the chosen plan.
Subscribers are responsible for:
Automatic Renewal Authorization
By purchasing a subscription to MYSOFTDAY Services, you authorize MYSOFTDAY to charge your provided payment method on a recurring basis, without requiring further authorization, until you cancel your subscription in accordance with these Terms. This includes any recurring charges applicable to the selected subscription plan (monthly, annual, or otherwise). The renewal charge will be equal to the original subscription price unless otherwise notified. Automatic renewal of your subscription is only enabled if you select the checkbox for "Automatic Payment" when paying with a credit or debit card. If you do not select this option, you will be responsible for manually renewing your subscription before it expires to maintain uninterrupted access to the Services. Account Owners can manage the billing information and subscription through their account settings or by contacting us: Contact Us. Except as set forth below under Termination, all fees are non-refundable.
Consent to Recurring Charges
You expressly agree and provide your informed consent that MYSOFTDAY may automatically charge your credit card, debit card, or other payment method on file, on a recurring basis, at the beginning of each billing cycle, without obtaining your prior approval each time. This consent remains valid until you cancel the subscription.
Cancellation of Automatic Renewal
You may cancel automatic renewal at any time by accessing your account settings or by contacting our support team at least 48 hours before the next scheduled billing date. If you cancel, your subscription will remain active until the end of the current billing period, and you will not be charged again unless you re-subscribe.
Payment Processing and Provider Responsibility
All payments are securely processed through third-party payment processors. MYSOFTDAY does not store your full credit card details. While we use industry-standard security to protect your information, you agree that we are not responsible for any error or delay caused by third-party payment providers.
Chargebacks and Disputes
If you dispute any charges, you must notify MYSOFTDAY within 14 days of the transaction. Unauthorized chargebacks initiated without prior communication may result in suspension or termination of your account. MYSOFTDAY reserves the right to dispute chargebacks with evidence of your active subscription and authorization.
Legal Compliance
This automatic renewal policy is compliant with applicable laws and consumer protection regulations in Canada, including the Competition Act, the Consumer Protection Acts of provincial jurisdictions (such as Ontario’s CPA, BC’s BPCPA, etc.), and all requirements related to clear disclosure, informed consent, and cancellation rights. You confirm that you understand and agree to these terms when subscribing.
Notice of Changes to Automatic Renewal Terms
MYSOFTDAY will notify you in advance if there are any material changes to the automatic renewal terms, including pricing changes. Continued use of the Service after such notice constitutes your acceptance of the updated terms.
Availability of the Services Once a Subscriber has subscribed and paid, MYSOFTDAY will make the Services available to the Service Provider and Subscriber’s users (staff) for the subscription plan purchased. MYSOFTDAY will make the Services available in accordance with our Service Level Agreement; however, please note that MYSOFTDAY cannot be responsible for any unavailability of the Services caused by circumstances beyond our reasonable control, such as internet outages or issues with your computer systems or devices.
Limitations Our websites and resources are intended to provide general information about MYSOFTDAY products and services. They may not always be accurate, complete, or up-to-date and are not intended to provide legal or professional advice. We recommend that Subscribers obtain their own guidance and advice with respect to regulatory and legal compliance. Content and resources on our websites may be varied or discontinued from time to time.
MYSOFTDAY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Services or inability to access the Services.
Acceptable Use Policy
Subscriber Accounts In order to access and use the Services, you must create an account and specify a login ID and password. You must provide truthful and accurate information when you create an account. Do not create an account if you are not authorized to do so or impersonate anyone else when you create your account.
Account Owner
We will treat the person signing up for a subscription on behalf of a Subscriber as the “Account Owner” and will consider them as authorized to administer the account for the Subscriber. This includes authorizing additional user accounts for practitioners and staff, and granting and revoking user access rights and permissions in relation to a Subscriber. Each Subscriber can have only 1 associated Account Owner, and MYSOFTDAY will consider them as the authorized representative of the Subscriber and will be the person we will contact for all matters related to the Subscriber and Subscribers’ account or data. The Account Owner must be a named individual. Any questions about a Subscriber’s subscription and any associated user account(s) should be directed to the Account Owner. A Subscriber may change the person listed as the Account Owner through the account settings functionality on the platform. The Account Owner must verify their identity when making such changes, and MYSOFTDAY reserves the right to request additional documentation for security purposes.
User Accounts
Subscribers are responsible for all activities that occur under their user accounts and for any issues, claims, or disputes arising out of the conduct of their users. You are responsible for maintaining the security and confidentiality of your login ID and password. Please reset your password immediately and notify us at [email protected] if:
We may also temporarily restrict access to an account if we suspect that the account credentials may have been compromised. For your account safety and convenience, MYSOFTDAY makes some optional security features available through the account settings, which we encourage each user to use. We also recommend using strong, unique passwords for each user account.
MYSOFTDAY will not be liable for any losses or damages caused by a Subscriber’s failure to maintain the confidentiality of its user accounts and its account credentials. The Subscriber acknowledges that the security of their account is their responsibility, and MYSOFTDAY provides security mechanisms that must be actively enabled by the user for maximum protection.
Access to Subscriber Accounts by MYSOFTDAY. MYSOFTDAY may access your account only as necessary to fulfill its technical support obligations, ensure account security, investigate suspected fraud or misuse, or comply with legal requests. Any access to your account and data by MYSOFTDAY will be strictly limited to these purposes. MYSOFTDAY will not modify, delete, or otherwise interfere with Subscriber data unless required to do so by law or upon the explicit request of the Account Owner.
Account Termination and Restrictions. MYSOFTDAY reserves the right to suspend, terminate, or restrict access to any account if:
Subscribers may also request to delete their accounts, subject to compliance with outstanding financial obligations and applicable legal requirements. MYSOFTDAY will not be responsible for any data loss following account deletion, and it is the Subscriber's responsibility to back up their data before initiating an account termination request.
By creating an account, you acknowledge and agree to these terms, including your responsibilities for account security and compliance with our policies.
Subscriber Data
Ownership and Control. Each Subscriber retains ownership and control of its Client Data and all information collected, entered, created, or otherwise provided by the Subscriber and its users in the course of using the Services (“Subscriber Data”). MYSOFTDAY reserves the right to reclaim account URLs, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those URLs. “Client Data” means all information provided by a Client to a Subscriber or otherwise received and collected by a Subscriber during the course of the Client receiving services from the Subscriber.
Subscribers may be referred to as an “information custodian,” a “covered entity,” “trustee,” or a “controller” depending on their location and the privacy laws applicable to them. Subscribers are responsible for ensuring that their collection and use of Subscriber Data complies with applicable laws and regulatory requirements, including obtaining appropriate consent for collection, use, and disclosure of personal information.
Each Subscriber determines:
MYSOFTDAY's Role Regarding Subscriber's Client Data. MYSOFTDAY is a Software service provider to Subscribers and may be referred to as an “agent,” “business associate,” or “processor” of the Subscriber. MYSOFTDAY will keep Subscriber's Client Data stored securely as described below under Security. MYSOFTDAY will only access Subscriber Data if authorized to do so or at the request of a Subscriber or its users; where needed to access Subscriber's Client Data to prevent or address technical problems affecting the Services; in order to investigate or prevent fraud; or if required to do so by law, regulation, or court order. MYSOFTDAY may also periodically review non-personally-identifiable Subscriber's Client Data for subscription auditing purposes or to ensure compliance with these Terms. MYSOFTDAY will not use, disclose, modify, archive, or destroy Subscriber's Client Data except as directed by the Subscriber or in accordance with these Terms or its record-retention practices. As we otherwise have no control over Subscriber's Client Data, we are not responsible for incorrect, incomplete, lost, or damaged Subscriber's Client Data, except to the extent it is caused by our failure to meet our obligations under these Terms.
MYSOFTDAY's Liability Disclaimer. MYSOFTDAY is not responsible for verifying the accuracy, completeness, or legality of Subscriber Data. Subscribers assume full responsibility for their data and any claims, damages, or liabilities arising from its collection, storage, or processing. MYSOFTDAY shall not be liable for any legal consequences resulting from Subscriber's use of Client Data.
MYSOFTDAY’s Role Regarding Account Ownership. As MYSOFTDAY is a processor of data and relies on the instructions we receive from Subscribers (acting through Account Owners) who own and control Subscriber's Client Data, MYSOFTDAY is unable to make a determination as to who the Account Owner should be. As such, we allow an existing Account Owner of a Subscriber to change the designated Account Owner going forward. If there is a dispute about who is the designated Account Owner, MYSOFTDAY does not intervene and instead recommends that the dispute is resolved by the parties themselves or through seeking legal counsel to find a resolution. Until we are validly (in MYSOFTDAY’s opinion) instructed otherwise, we will continue to treat the person identified in our records as the Account Owner. In the event the Account Owner is an employee of a Business or Subscriber, it is the Business’s responsibility to ensure that they are able to continue to have access to the Account Owner’s email and account credentials, which will be required to continue to use our Services even in the event of such employee’s departure from their employment.
Storage and Retention of Subscriber Data. MYSOFTDAY is not obligated to store Subscriber Data beyond the term of an active subscription or any legally mandated retention period. Upon termination of services, MYSOFTDAY may delete or anonymize Subscriber Data unless otherwise required by law or explicitly requested by the Subscriber in accordance with our data retention policies.
In the most exceptional of circumstances, and at our discretion, MYSOFTDAY may be able to assist if it is not possible for a Subscriber to resolve issues with respect to Account ownership on its own. In these cases, Subscribers may contact [email protected] to provide us with details of the situation; Subscribers may be asked to provide further information, documents, or assurances (including indemnifying MYSOFTDAY for such assistance and reimbursement of any legal fees incurred by MYSOFTDAY) or impose conditions as MYSOFTDAY may require in order to address the issue. Please note that, given the potential sensitivity of Subscriber Data, MYSOFTDAY will follow all requirements and measures as required by law or as advised by our legal counsel before making a change to the listed Account Owner for a Subscriber.
MYSOFTDAY is not responsible for managing custody of Subscriber's Client Data and does not guarantee that we will transfer ownership of an Account or Subscriber's Client Data in the event of the death, incapacitation, termination of employment, etc., of a Subscriber's Client or Account Owner.
Privacy Compliance
If a Subscriber is subject to the General Data Protection Regulation (“GDPR”), the terms of our Data Processing Addendum will apply and are hereby incorporated into these Terms. For all other applicable legislation requiring a data controller to enter into a written contract with a service provider, these Terms will serve as a legal and written agreement between the Subscriber and MYSOFTDAY.
Questions About Subscriber's Client Data
If you have any questions about your Subscriber Data, please contact your Account Owner. If you are an Account Owner who has any questions about the management of Subscriber's Client Data in the Services, you can use the Contact Us functionality to get in touch with us.
Anonymized / Aggregated Data
MYSOFTDAY may use computer-generated algorithms to gather anonymous and aggregated information from Subscriber Data and Subscriber's Client Data in order to assist in our continued development and improvement of the Services and for the purpose of analysis or compiling statistical data. We will ensure that such anonymized individualized information is not shared outside of MYSOFTDAY without the consent of the Subscriber or Subscriber's Client, but we are permitted to share aggregated analysis about the use of the Services.
Security Safeguards
MYSOFTDAY will establish and maintain an information security program that is in line with industry standards and is reasonably designed through administrative, physical and technical safeguards to: (i) protect the security and confidentiality of Subscriber Data; (ii) protect against any anticipated threats or hazards to the security or integrity of the Subscriber Data; (iii) protect against unauthorized access to or use of the Subscriber Data; and (iv) ensure the proper disposal of Subscriber Data. These program safeguards include, but are not limited to, security policies and training for our personnel, access controls, minimum security certifications and practices for our data centers, PCI-compliant payment processors, and encryption.
Security Breach
MYSOFTDAY will notify affected Subscribers without undue delay if MYSOFTDAY determines that the security of the Services has been breached and this results in the Subscriber’s Client Data being accessed by or disclosed to an individual or entity who is not authorized to access or receive such information. MYSOFTDAY will report to the affected Subscriber's Client(s) on the corrective action being taken in response to such security breach and will reasonably cooperate with such Subscriber's Client(s) in mitigating the effects of any lost or compromised Subscriber's Client Data.
MYSOFTDAY will directly notify Subscriber's Client if the security of Subscriber's Client Authentication Data has been breached which has resulted in an unauthorized disclosure, and will report to the affected Subscriber's Client(s) on the corrective action being taken in response to such security breach and will reasonably cooperate with such Subscriber's Client(s) in mitigating the effects the compromised Subscriber's Client Authentication Data may have had on the Subscriber's Client(s).
Your Responsibility
Subscribers and their users should notify MYSOFTDAY immediately if they become aware of any unauthorized use of their Account(s), of any user ID and password, or any other known or suspected breach of security of their user Account or credentials. Subscribers are solely responsible for maintaining the confidentiality of their authentication credentials, ensuring strong passwords are used, and implementing best security practices to protect their data and accounts.
Limitation of Liability
While MYSOFTDAY implements industry-standard security measures, it does not guarantee that unauthorized access, data breaches, or security incidents will never occur. MYSOFTDAY shall not be held liable for any damages, losses, or consequences arising from such incidents unless caused by gross negligence or intentional misconduct on the part of MYSOFTDAY.
Right to Modify Security Measures
MYSOFTDAY reserves the right to update, enhance, or modify its security measures at any time without prior notice to Subscribers, in order to maintain compliance with industry standards and emerging security threats.
Data Retention Policy
During Your Subscription Term. Our management platform is designed to retain, protect, and preserve the integrity of Subscriber Data to assist Subscribers with their regulatory and compliance obligations around client records. As a result, we will not delete or destroy Subscriber Data while the Subscriber has an active subscription unless there is a legal or regulatory requirement to do so, or we receive a request for deletion or destruction from the Account Owner and are permitted by law to comply with such a request. If you require deletion, please have your Account Owner contact us. MYSOFTDAY reserves the right to decline such requests if they conflict with our legal obligations or internal policies.
Data Export
Subscribers may export their Subscriber Data at any time and are responsible for doing so before ceasing or terminating their use of our management platform. MYSOFTDAY is not responsible for retaining Subscriber Data beyond the agreed-upon retention period. Subscriber's clients may also arrange with their Account Owner for the export of their data, subject to applicable privacy laws and contractual obligations.
After Termination
When a subscription expires or is terminated, the Account is deactivated. This means that the Account and any Subscriber Data associated with it is no longer accessible through the platform. MYSOFTDAY may, at its sole discretion and as permitted by law, retain Subscriber Data for a limited period to allow for potential reactivation. However, we do not guarantee the availability of such data, and we reserve the right to permanently delete it without prior notice. Once Subscriber Data has been deleted, it cannot be recovered.
Account Owners may contact us with questions about the Subscriber’s Client Data associated with the relevant Subscriber. For security reasons, MYSOFTDAY will only take instructions regarding Subscriber Data from the Account Owner identified in our records. We are not responsible for any loss or corruption of data resulting from Account deactivation, deletion, or export initiated by the Subscriber.
Termination
Overdue Fees
If any fees due from a Subscriber to MYSOFTDAY are more than 30 days overdue, we may, without limiting our other rights and remedies, suspend or terminate access to the Services until the overdue amounts are paid in full. We will provide at least 7 days prior notice that fees are overdue before we do this; we do not exercise this right if we consider that a Subscriber is disputing the applicable fees reasonably and in good faith and is cooperating diligently to resolve the dispute in a timely manner.
Termination by Us
MYSOFTDAY may terminate or suspend access to the Services, or suspend or deactivate a Subscriber’s Account, if the Subscriber breaches any obligations under these Terms or otherwise uses the Services in a manner that breaches the law. MYSOFTDAY may also terminate a Subscriber’s subscription if MYSOFTDAY discontinues the Services. We will use our best efforts to notify you in advance of any suspension or termination and help Subscribers retrieve their Subscriber Data; however, there may be some cases where we need to suspend access immediately in order to prevent harm to MYSOFTDAY or others.
Subscriber’s Client Authentication Data
In the event of termination, MYSOFTDAY shall terminate or suspend access to a specific Subscriber Account that a Subscriber’s Client may have previously elected to link or have access to. A Subscriber’s Client will not be allowed to use their credentials to access the management platform and any other Subscriber Accounts the Subscriber’s Client may have elected to be linked to.
Since all previous order data is stored in the personal accounts of the Subscriber’s Clients on the Subscriber’s website, the Subscriber is responsible for notifying all its clients about the termination of the subscription before the subscription ends. The Subscriber must also provide their clients with records of all previous orders and invoices stored in the personal accounts of the Subscriber’s Clients.
MYSOFTDAY bears no responsibility for any losses, claims, or legal disputes arising from the Subscriber’s failure to properly notify its clients, provide them with their historical data, or ensure continued access to necessary records prior to the termination of the subscription.
Refunds
If a Subscriber terminates its subscription due to a breach by MYSOFTDAY or MYSOFTDAY discontinues the Services, we will refund any fees you had pre-paid for the remaining unused portion of your subscription term. If MYSOFTDAY terminates a Subscriber’s subscription due to a breach by the Subscriber, the Subscriber will not be entitled to any refund and must pay any unpaid fees for the remaining unused portion of the subscription term.
Termination does not relieve a Subscriber of its obligation to pay fees for any period prior to the effective date of termination.
Legal Limits
Disclaimer. We want to provide great Services; however, there are certain things about the Services that we cannot promise. For example, MYSOFTDAY cannot promise, and does not represent or warrant that:
YOU UNDERSTAND AND AGREE THAT: (A) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK; AND (B) MYSOFTDAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY OR NON-INFRINGEMENT, REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MYSOFTDAY OR ITS REPRESENTATIVES.
LIMITATION OF LIABILITY
THE TOTAL LIABILITY OF EITHER OF US UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU PAID TO MYSOFTDAY FOR USE OF THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO MYSOFTDAY. IN NO EVENT SHALL MYSOFTDAY BE LIABLE FOR ANY LOSS OF DATA, REPUTATIONAL DAMAGE, OR ANY LOSSES RESULTING FROM THIRD-PARTY ACTIONS, INCLUDING BUT NOT LIMITED TO FAILURES OF HOSTING PROVIDERS, PAYMENT SYSTEMS, OR SECURITY BREACHES CAUSED BY THIRD PARTIES.
NO INDIRECT OR CONSEQUENTIAL DAMAGES
REGARDLESS OF THE ABOVE, NEITHER OF US WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, SUCH AS LOST REVENUE OR BUSINESS INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY DEPENDING ON WHERE YOU LIVE.
FORCE MAJEURE
MYSOFTDAY SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, POWER OUTAGES, INTERNET DISRUPTIONS, CYBERATTACKS, ACTS OF GOVERNMENT, OR OTHER UNFORESEEABLE EVENTS.
DISPUTE RESOLUTION
ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE SETTLED THROUGH BINDING ARBITRATION IN THE JURISDICTION WHERE MYSOFTDAY IS REGISTERED, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. BY USING THE SERVICES, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, it shall be permanently barred. The costs and expenses of arbitration will be allocated as determined by the arbitrator.
This notification affects only these Terms. If you previously agreed to other arbitration agreements with MYSOFTDAY or enter into future arbitration agreements with MYSOFTDAY, this opt-out will not affect those agreements.
Disclosure and Consent to Electronic Communications
By accessing and using the Services, you understand and agree that you are entering into these Terms electronically. Certain categories of information ("Communications") may be provided by MYSOFTDAY to you electronically (e.g., via email, through the Service by displaying links to notices on the website, or to your mobile device) unless and until you withdraw your consent as described below.
The categories of Communications that may be provided electronically include:
All Communications, whether in electronic or paper format (if we choose to provide a paper copy), will be considered to be "in writing." You should print a paper copy of these Terms and any Communications that are important to you and retain the copy for your records.
By registering an Account with MYSOFTDAY, you automatically agree to receive all documents, communications, notices, contracts, and agreements related to your access and use of the Services electronically. If you do not wish to receive these Terms or Communications electronically, you may not register an Account or use the Services.
Once you have registered an Account, you cannot withdraw your consent to receive Communications electronically. This is a condition for using the Services, and any withdrawal of consent will result in the termination of your Account and access to the Services.
MYSOFTDAY reserves the right to update these Terms and Communications at any time. You are responsible for periodically reviewing the Terms to stay informed of any changes. Any updates will become effective on the date specified in the updated Terms.
Data Processing Addendum
This Data Processing Addendum (“DPA”) applies when MYSOFTDAY Inc. (“MYSOFTDAY”) processes personal data that is subject to the General Data Protection Regulation (GDPR) on behalf of an organization or person (“Subscriber”) who has subscribed to MYSOFTDAY’s management platform (the “Services”).
This DPA is incorporated into and forms part of the Terms of Use (Terms and Conditions) for the Services and will apply for as long as the Subscriber has a valid paid, free, or Trial subscription to the Services.
Terminology
Terms
MYSOFTDAY will:
Contact Us
If you have any questions regarding the Services or these Terms, please contact us at:
Email: [email protected]
Phone: +1 672 999 3399
You can also reach us by mail at:
MYSOFTDAY Inc.
1636 1st Ave N, Saskatoon, SK
S7K1Z5, Canada
We will make every effort to answer your questions promptly.
Updated: March 16, 2025