Daycisiv Terms of Service

Last Updated: March 17, 2025

1. Introduction

Welcome to Daycisiv, an AI-powered ESG risk assessment platform designed in identifying, analyzing, and mitigating risks within their supply chains. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Daycisiv (“Company,” “we,” “us,” or “our”). By accessing or using our platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using our services.

2. Definitions

• “Platform”: Refers to the Daycisiv website, applications, and all related services provided by the Company.
• “User Data”: Any data, information, or material that you upload, submit, or transmit through the Platform.
• “Subscription Plan”: The specific plan you select that outlines the features, functionalities, and pricing associated with your use of the Platform.

3. Subscription and Access

We offer various Subscription Plans to cater to different business needs. Details of each plan, including features and pricing, are available on our Pricing Page. By selecting a Subscription Plan, you agree to pay all associated fees and charges.

To access the Platform, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We may offer free trials for certain Subscription Plans. The duration and terms of such trials will be specified at the time of sign-up. Upon the conclusion of a free trial, you will need to select a paid Subscription Plan to continue using the Platform.

4. Fees and Payment

Fees for Subscription Plans are billed in advance on a monthly or annual basis, as per the plan selected. Payments are processed through our third-party payment provider, and you authorize us to charge your chosen payment method for the applicable fees.

All fees are exclusive of applicable taxes. You are responsible for paying any taxes levied in connection with your use of the Platform.

Failure to pay fees on time may result in the suspension or termination of your access to the Platform.

5. User Responsibilities

You agree to use the Platform in compliance with all applicable laws and regulations.

You shall not:
• Use the Platform for any unlawful purposes.
• Upload or transmit any harmful code or content.
• Interfere with or disrupt the integrity or performance of the Platform.
• Attempt to gain unauthorized access to any part of the Platform.

You are solely responsible for the accuracy, quality, and legality of the User Data you provide. By submitting User Data, you represent and warrant that you have all necessary rights and consents to do so and that your use of such data does not infringe any third-party rights or violate any laws.

6. Data Privacy and Security

You retain ownership of all User Data. By uploading User Data to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to process and use such data solely for the purpose of providing our services.

We are committed to protecting your privacy. Our data processing practices are detailed in our Privacy Policy. Notably:
• We do not store raw documents; only processed insights are stored.
• Our AI subcontractors process data without storing or using it.
• All data is not used to train AI models.

• You acknowledge and agree that we may engage third-party service providers and subprocessors to perform certain data processing activities on our behalf.

We implement industry-standard security measures to protect User Data. However, no system is entirely secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

7. Beta or Experimental Features

From time to time, we may offer Beta or experimental features on the Platform. These features may be in active development and provided on an “as available” basis, without any warranties of any kind. You acknowledge that your use of such Beta or experimental features is at your own risk and that these features may be substantially modified or removed at our discretion.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of using the Platform. This obligation survives the termination of these Terms.

9. Intellectual Property

All intellectual property rights in the Platform and related materials are owned by Daycisiv. You are granted a limited, non-exclusive license to use the Platform in accordance with these Terms.

You retain all rights to User Data and any content you upload. You grant us the necessary licenses to use such data to provide our services.

10. Termination

You may terminate your Subscription Plan at any time by providing written notice to us. Termination will take effect at the end of the then-current billing period.

We reserve the right to suspend or terminate your access to the Platform if you violate these Terms or fail to pay applicable fees. In such cases, termination may be immediate or at a time determined by us.

Upon termination, your access to the Platform will cease. We will retain User Data for a reasonable period to allow you to retrieve it, after which it will be deleted in accordance with our data retention policies. Any rights or obligations that by their nature should survive termination (such as confidentiality, indemnification, and limitation of liability) will remain in effect.

To the maximum extent permitted by law, the Platform is provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Daycisiv’s AI-powered risk assessment is intended solely to provide general information regarding ESG risks and compliance. We do not represent or warrant that the Platform is a substitute for professional advice or guarantees compliance with any laws, regulations, or industry standards. Users are responsible for their own compliance and the interpretation of any data or insights provided.

12. Limitation of Liability

12.1 General Limitation

To the maximum extent permitted by law, Daycisiv shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Platform; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein. Our total liability for all claims arising out of or relating to the Platform or these Terms is limited to the amounts paid by you to us in the twelve (12) months preceding the claim.

If you are using a free plan or a trial version of the Platform, Daycisiv’s total liability to you for any claims arising out of or relating to your use of the Platform is zero (0) U.S. dollars.

13.Indemnification

You agree to indemnify and hold harmless Daycisiv, its affiliates, officers, agents, and employees from any claim, demand, loss, or damages arising out of or related to (i) your use of the Platform, (ii) your violation of these Terms, or (iii) your violation of any rights of a third party.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Daycisiv is established, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in the same jurisdiction.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website and updating the “Last Updated” date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

16. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: contact@daycisiv.com

• Address: 6 quai jean moulin, 69001 Lyon

17. General Provisions

These Terms, together with our Privacy Policy and any additional agreements you have with us, constitute the entire agreement between you and Daycisiv concerning the Platform. They supersede all prior or contemporaneous agreements, understandings, negotiations, and communications, whether written or oral.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid or stricken entirely, and the remaining provisions shall remain in full force and effect.

Our failure or delay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms do not confer any rights or benefits to any third party, and no third party may enforce the Terms.

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Neither party shall be liable for any delays or failures in performance resulting from events beyond its reasonable control, including acts of God, labor disputes, strikes, internet or telecommunication failures, cyber-attacks, terrorism, war, riots, insurrection, or governmental action.

By using the Daycisiv Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.