PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE "USER" OR "CUSTOMER") AND SAMEDAYS INC. ("SAMEDAYS," "WE," "US," OR "OUR"). BY ACCESSING THE WEBSITE, DOWNLOADING THE MOBILE APPLICATION, OR UTILIZING ANY OF OUR SALES ANALYTICS AND COACHING TOOLS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICE.
DEFINITIONS
- "Service" means the Samedays sales performance platform, including the Samedays mobile application, the web-based analytics dashboard, AI-driven coaching modules, and all associated software, documentation, and support.
- "User Content" means any data, text, audio recordings, video clips, transcripts, or other materials uploaded, recorded, or otherwise transmitted through the Service by a User.
- "Organization" means the business entity or legal person that has purchased a subscription to the Service and authorized individual Users to access it.
- "AI Insights" refers to the automated analysis, scores, feedback, and transcripts generated by our proprietary machine learning models based on User Content.
ACCOUNT TERMS AND RESPONSIBILITIES
- Account Security: To access most features, you must register for an account. You are solely responsible for the activity that occurs on your account and for keeping your account password secure. You may never use another person's user account without permission.
- Organizational Control: If your account was provided by your employer (an "Organization"), you acknowledge that the Organization has the right to monitor, access, and export your data, including your geolocation history and pitch recordings.
- Compliance with Laws: You represent that your use of the Service will comply with all applicable local, state, and federal laws, including those regarding privacy, data protection, and telemarketing.
INTELLECTUAL PROPERTY RIGHTS
- Samedays Ownership: All right, title, and interest in and to the Service, including the "Have it all" branding, Saans and ABC custom fonts, UI/UX designs, source code, and underlying AI algorithms, remain the exclusive property of Samedays and its licensors.
- User License: We grant you a limited, non-sublicensable, non-transferable license to use the Service during your subscription term. This license is strictly for the purpose of field sales tracking and coaching.
- Feedback: You grant Samedays an irrevocable, perpetual, royalty-free license to use any suggestions, enhancement requests, or feedback you provide to improve our Service without any compensation to you.
USER CONTENT AND AI ANALYSIS
- Ownership of User Content: Between you and Samedays, you (or your Organization) own all rights to User Content.
- Usage License: You grant Samedays a non-exclusive, worldwide, royalty-free license to access, process, and analyze your User Content. This license is granted solely to (a) provide the Service, (b) troubleshoot technical issues, and (c) train and improve our AI coaching and speech-to-text models through anonymized datasets.
- Recording Consents: The Service allows for the recording of sales pitches. You are solely responsible for obtaining any required consents from third parties (e.g., homeowners or prospects) before recording audio or video. Samedays disclaims all liability for any recording conducted without legal authorization in your specific jurisdiction.
GEOLOCATION AND FIELD TRACKING
- Mandatory Tracking: Samedays is a field-performance tool. To provide "Knock" verification and rep accountability, the Service requires continuous access to your mobile device's GPS and geolocation data while the app is in use or in "Active Work Mode."
- Background Location: You acknowledge that the "Breadcrumb" feature may utilize background location services. This tracking is used to optimize sales territories and ensure rep safety. You may opt-out of this by toggling your status to "Offline" or logging out of the application.
SUBSCRIPTIONS, BILLING, AND CANCELLATION
- Billing Cycles: The Service is billed on a subscription basis (Monthly or Annually). All fees are due at the commencement of the billing cycle.
- No Refunds: Payments are non-refundable, and there are no credits for partially used periods.
- Automatic Renewal: Your subscription will automatically renew at the end of each term unless you or your Organization provides written notice of non-renewal at least thirty (30) days before the end of the current term.
- Price Changes: We reserve the right to change our subscription fees upon thirty (30) days' notice.
PROHIBITED USES
You agree not to engage in any of the following prohibited activities:
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
- Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Service.
- Using the Service for any commercial solicitation purposes without our prior written consent.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity.
DISCLAIMER OF WARRANTIES
- "As-Is" Basis: THE SERVICE, INCLUDING ALL AI INSIGHTS AND ANALYTICS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMEDAYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- AI Disclaimer: WE DO NOT GUARANTEE THAT TRANSCRIBED DATA OR AI-DRIVEN COACHING FEEDBACK WILL BE 100% ACCURATE. USERS SHOULD NOT RELY SOLELY ON AI SCORES FOR CRITICAL EMPLOYMENT OR CONTRACTUAL DECISIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMEDAYS, ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL SAMEDAYS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Samedays and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights (specifically regarding unauthorized audio recordings).
DISPUTE RESOLUTION AND ARBITRATION
- Informal Resolution: For any dispute with Samedays, you agree to first contact us and attempt to resolve the dispute with us informally.
- Binding Arbitration: In the unlikely event that Samedays has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) through binding arbitration by JAMS.
- Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief.
MISCELLANEOUS
- Entire Agreement: These Terms, together with any Subscription Order Form and Privacy Policy, constitute the entire agreement between you and Samedays.
- Severability: If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
CONTACT US
For legal inquiries or questions regarding these Terms, please contact our Legal Compliance team at:
- Email: support@samedays.com
- Website: https://samedays.com/support