Terms & Conditions

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Account

means a unique account created for You to access our Service or parts of our Service.

Company

(referred to as either “the Company”, “We”, “Us” or “Our” in these Terms and Conditions) refers to DayOne.

Content

means any text, images, data, or other information that You post, upload, or submit through the Service.

Device

means any device that can access the Service such as a computer, cell phone, or digital tablet.

Service

refers to the Website and the DayOne platform accessible from www.dayonealert.com.

Subscriptions

refer to the paid alert and notification services offered by the Company.

Terms and Conditions

(also referred to as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Website

refers to DayOne, accessible from www.dayonealert.com.

You

means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, subscribers, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy. Please review Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription Period

The Service, or certain parts of the Service, are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (monthly or annually, depending on the plan You select).

At the end of each Subscription period, Your Subscription will automatically renew under the same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal by contacting the Company or through Your account settings, if available.

You will not receive a refund for fees already paid for the current Subscription period, and You will continue to have access to the Service through the remainder of the paid Subscription period.

Billing

You shall provide the Company with accurate and complete billing information, including name, address, payment method, and billing contact information.

If automatic billing fails for any reason, the Company may issue an electronic invoice requiring manual payment within the stated deadline.

Fee Changes

The Company reserves the right to modify Subscription fees at any time. Any fee changes will become effective at the end of the then-current Subscription period. Reasonable notice of fee changes will be provided.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Refund requests may be considered by the Company on a case-by-case basis and granted solely at the Company’s discretion.

ZIP Availability and Exclusivity

Certain ZIP codes offered through the Service may be designated as exclusive or semi-exclusive.

Premium and Growth ZIP subscriptions are generally offered on an exclusive basis to one subscriber per ZIP code. Standard ZIP subscriptions may allow multiple subscribers within the same ZIP code.

ZIP code availability, classifications, pricing, and exclusivity status are subject to change at the sole discretion of the Company.

Failure to maintain an active Subscription or timely payment may result in the loss of exclusivity or ZIP code access.

No Guarantee of Business Results

DayOne provides marketing, homeowner-introduction, informational, alert, mailing, and communication services only.

We do not guarantee:

• customer acquisition,
• response rates,
• conversions,
• revenue,
• profitability,
• homeowner engagement,
• or any specific business results from the use of our services or alerts.

Individual results may vary significantly depending on numerous factors outside the Company’s control.

User Accounts

When You create an Account with Us, You must provide information that is accurate, complete, and current at all times.

Failure to do so constitutes a breach of these Terms and may result in suspension or termination of Your Account.

You are responsible for safeguarding Your password and for all activities that occur under Your Account. You agree not to disclose Your password to any third party.

Intellectual Property

The Service and its original content (excluding Content provided by You) are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other applicable laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any portion of the Service without prior written permission from the Company.

Your Content

You are responsible for any information or materials You submit through the Service.

By submitting Content, You grant the Company a non-exclusive, royalty-free license to use, reproduce, display, and distribute such Content solely in connection with operating and providing the Service.

Prohibited Conduct

You may not use the Service for any unlawful purpose or in any way that violates these Terms.

Prohibited conduct includes, but is not limited to:

• Scraping, harvesting, or copying homeowner or property data
• Sending unsolicited or unlawful communications
• Misusing homeowner or property-related information
• Attempting to gain unauthorized access to the Service
• Circumventing security or access controls
• Interfering with the operation or security of the Service
• Using the Service in violation of applicable laws or regulations

Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability to You for any claim arising out of or relating to the Service shall not exceed the amount actually paid by You to the Company during the twelve (12) months immediately preceding the claim.

In no event shall the Company be liable for any indirect, incidental, special, consequential, punitive, or lost-profit damages, including loss of business opportunities, data, goodwill, revenue, or anticipated profits.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.

The Company makes no warranties regarding availability, reliability, accuracy, completeness, performance, or suitability of the Service.

The Company specifically disclaims any warranty that homeowner, property, transaction, or mailing-related information will be accurate, complete, timely, or error-free.

Data and Mailing Disclaimer

Homeowner, property, and transaction data provided through the Service may contain inaccuracies, delays, omissions, or outdated information.

Delivery timing for alerts, mailings, notifications, and communications may vary due to third-party providers, public record availability, postal services, data-processing delays, or circumstances beyond the Company’s control.

The Company does not guarantee delivery dates, homeowner responses, or mailing performance.

Termination

The Company reserves the right to suspend or terminate access to the Service at any time, without prior notice, for conduct that violates these Terms or is otherwise harmful to the Company, other users, or third parties.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

Changes to These Terms

We reserve the right to modify these Terms at any time.

If a revision is material, We will make reasonable efforts to provide at least thirty (30) days’ notice prior to the new Terms taking effect. By continuing to use the Service after revised Terms become effective, You agree to be bound by the updated Terms.

Contact Us

If You have any questions regarding these Terms and Conditions, You may contact Us at: