Terms of Service
These terms govern your use of datadoesnotlie.com and the services offered by Data Does Not Lie, including the Daybreak product, custom development, and website development. By using the site or services, you agree to them.
The services
Daybreak is a software service that connects to your sales data and produces reports, customer segments, recommendations, and marketing workflows. Custom development and website development engagements are scoped and agreed in writing before work begins, including any setup charges for custom API connections.
Your account and acceptable use
You are responsible for your account credentials and for the accuracy of the data you connect or upload. You agree not to misuse the services, attempt to access other customers' data, or use the services to send unlawful communications.
Your data
You own the business data you connect to Daybreak. You grant us the limited rights needed to process it in order to provide the service to you, as described in our Privacy Policy. On termination you may request an export, and we will delete your data on request.
Messaging compliance
When you use Daybreak to send email or SMS to your own customers, you are responsible for having the required consent to contact them, and for the content of your messages complying with applicable law (including TCPA and CAN-SPAM in the United States). Daybreak provides opt-out handling on every text and unsubscribe links on every marketing email, and will honor opt-outs automatically.
AI-generated recommendations
Daybreak's reports, recommendations, and projections are generated from your data to inform your decisions. They are estimates and suggestions, not guarantees of any business outcome, and decisions you make based on them are yours.
Payment
Fees are presented before you subscribe or sign a scope of work. Unless otherwise agreed, subscriptions bill in advance on a recurring basis and setup charges are invoiced per the agreed scope. You may cancel a subscription at any time, effective at the end of the current billing period.
Intellectual property
We retain all rights to the Daybreak software, site, and brand. Deliverables of custom engagements are governed by the written scope for that engagement.
Disclaimers and limitation of liability
The services are provided "as is" without warranties of any kind, express or implied. To the maximum extent permitted by law, Data Does Not Lie is not liable for indirect, incidental, or consequential damages, and our total liability for any claim is limited to the amounts you paid us in the twelve months before the claim arose.
Termination
Either party may terminate as described above or if the other materially breaches these terms. Sections that by their nature should survive (such as payment obligations, disclaimers, and limitation of liability) survive termination.
Governing law
These terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules.
Changes
We may update these terms; material changes will be posted here with a new effective date, and continued use after that date constitutes acceptance.
Contact
Questions about these terms can be sent through the contact form at datadoesnotlie.com.