Terms of Service
These terms govern your use of the Daybook Health website, the demo and booking features it offers, and any materials we share with you before you become a customer. Please read them. By using the site you agree to them.
1. Who we are
"Daybook," "we," "us," and "our" mean Daybook Health, based in New York, New York. "You" means the person visiting the site, and, if you are visiting on behalf of an employer, broker, health plan, or other organization, that organization as well. If you use the site for an organization, you confirm that you have authority to accept these terms for it.
2. Agreement to these terms
By visiting the site, booking a demo, submitting your email, or otherwise using anything we offer here, you agree to these terms. If you do not agree, please do not use the site. You must be at least 18 years old and able to enter into a binding agreement.
3. What the site is for
The site describes what Daybook is building for self-funded employers, the brokers who advise them, and the plans they sponsor. It exists to help you learn about our software, book a conversation with us, and decide whether to work with us. The screens, numbers, names, and activity shown in product illustrations are examples. They are not real members, claims, or plans, and they are not a guarantee of how the product will look or perform.
4. Demos, bookings, and contact
When you book a demo or share your email, you agree that we may contact you about Daybook, including to schedule and follow up on that conversation. You can ask us to stop at any time by replying to any message or using the contact details below. Bookings are scheduled through a third-party scheduling service, described in section 9.
Please give us accurate information. Do not book on behalf of someone else without their permission, and do not share protected health information or other sensitive personal data through the booking form or in an unsolicited message. If a conversation requires that kind of information, we will set up a secure way to exchange it under a separate agreement.
5. Customer agreements
These terms cover the website only. Any use of Daybook software or services to administer a plan, process claims, answer member questions, or handle personal or health data will be governed by a separate written agreement, including any business associate agreement required by law. If those documents conflict with these terms, those documents control for the services they cover.
6. Acceptable use
You agree not to:
- Use the site in a way that breaks any law or regulation, or that infringes anyone's rights.
- Probe, scan, or test the site for vulnerabilities, interfere with its operation, or try to access areas you are not authorized to reach.
- Scrape or harvest content or contact details, or use automated tools to book demos or submit forms.
- Copy, frame, or republish the site or its content, other than as allowed in section 7.
- Impersonate Daybook, our team, or anyone else, or misrepresent your relationship with an employer, broker, or plan.
- Upload or transmit malware, or anything else that is harmful or deceptive.
7. Content and intellectual property
The site and everything on it, including the Daybook name, logo, text, design, illustrations, product screens, and code, belong to Daybook or our licensors and are protected by copyright, trademark, and other laws. We give you a limited, revocable, non-exclusive license to view the site and to share links to it for your own evaluation of Daybook. You may not use the Daybook name or logo without our written permission, and nothing here transfers any ownership to you.
Photographs on the site are licensed from their photographers or stock providers and may not be reused separately from the site.
8. Feedback
If you send us ideas, suggestions, or feedback about Daybook, you agree that we may use them without restriction or payment to you. We will not claim you endorse us because of feedback you gave.
9. Third-party services
Demo bookings are handled by Cal.com, and fonts are served by Google Fonts. These services have their own terms and privacy practices, which apply to your use of them. We do not control them and are not responsible for them. Links to other websites are provided for convenience and do not mean we endorse those sites.
10. No professional advice
Information on the site is general and is offered to help you understand our product. It is not legal, tax, medical, insurance, benefits, or compliance advice, and it is not a substitute for advice from a licensed professional who knows your situation. Decisions about plan design, coverage, medical necessity, and claims are made under your plan documents and applicable law, not by anything published here.
11. Privacy
We collect only what you give us through the site, such as your email address when you book a demo, together with standard technical information that web servers record. We use it to respond to you and to operate and improve the site. We do not sell it. Because the site does not host member, claim, or plan data, it is not the place to send protected health information, and we ask you not to. We will publish a full privacy policy as our services launch, and it will be linked from this page.
12. Disclaimers
The site is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the site will be uninterrupted, error-free, or secure. Statements about what Daybook will do, how fast, or at what accuracy describe what we are building and what we aim for. They are not promises of future performance and may change.
13. Limitation of liability
To the fullest extent permitted by law, Daybook and its founders, employees, contractors, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to your use of the site, even if we were told they were possible. Our total liability for any claim arising out of or related to the site will not exceed one hundred US dollars. Some jurisdictions do not allow some of these limits, so some may not apply to you.
14. Indemnification
You agree to defend, indemnify, and hold harmless Daybook and the people listed above from any claim, loss, or expense, including reasonable legal fees, arising from your breach of these terms, your misuse of the site, or your violation of any law or third-party right.
15. Governing law and disputes
These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these terms or the site will be brought in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. Before filing anything, please contact us first. Most issues can be resolved with a conversation.
16. Changes to these terms
We may update these terms as the product and the company grow. When we do, we will change the effective date at the top of this page, and for material changes we will make the update easy to notice on the site. Your continued use of the site after a change means you accept the new terms.
17. General
These terms are the entire agreement between you and Daybook about the site. If any part is found unenforceable, the rest stays in effect. If we do not enforce a provision, that is not a waiver of it. You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these terms creates a partnership, joint venture, or agency relationship.
18. Contact
Questions about these terms, requests to stop contact, or notices can be sent to:
Daybook Health · New York, NY
brian@daybook.healthcare