Last updated: April 28th, 2021
Please read these Terms and Conditions of Service (these “Terms”) carefully before using any Daily Win website and/or the Daily Win mobile application (together, or individually, the “Service”) which are owned, operated, and maintained by Clearcode Solutions, LLC (“Clearcode Solutions,” “we,” “us,” and “our”). As used herein, “any Dailywin website” includes any website owned or provided by us, typically accessed via our homepage at: https://dailywinapp.com and via personalized website addresses that we provide to you.
These Terms constitute a binding agreement between Clearcode Solutions and you, a visitor or user of the Service, along with any company and/or independent agent that you represent (collectively, “you” and “your”). If you are using or accessing the Service on behalf of any entity or independent agent, including, without limitation, your employer, you represent and warrant that you are authorized by such entity or independent agent to accept these Terms on such entity’s or independent agent’s behalf.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, then you do not have our permission to access the Service and must immediately discontinue access and/or use.
By creating an account with us for Service (an “Account”), you agree to subscribe to newsletters, marketing and promotional materials, and other information we may send to you to market or promote the Service (“Marketing Material”). However, you may opt out of receiving any, or all, Marketing Material emails from us by following the unsubscribe link or other instructions provided in any Marketing Material email we send to you.
We reserve the right to contact you regarding sales and customer service inquiries lodged by you, your contact information, billing, payment, and as required by law. However, it is your responsibility to ensure that we have your current contact information.
You may not use any of our contact information for any unauthorized purpose, including, without limitation, marketing, or illegal activity.
When you create an Account, you represent, warrant, and guarantee that you are above the age of 18 years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account and Subscription (defined below).
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or Account. As part of the Service, you have the ability to grant access to others. YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT, SUBSCRIPTION, AND ANY OTHER COMPONENT OR CONTENT OF THE SERVICE. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR LOGIN CREDENTIALS. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account or the Service. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Service for you and other users.
Subscriptions and Billing
Some parts of the Service are billed on a subscription basis (“Subscription(s)”).
Subscriptions may be purchased directly from us via the Daily Win homepage available at: https://dailywinapp.com (the “Homepage”), or through third parties providing access to the Dailywin mobile application (the “Mobile App”). Current subscription rates are available via the Homepage. If you purchase your Subscription through a third party, they may require your consent to additional terms and conditions.
You will be billed for your Subscription in advance on a recurring and periodic basis (“Billing Period(s)”). Billing Periods are set on a calendar month basis. At the end of each Billing Period, your Subscription will automatically renew under the then current version of these Terms, unless your Subscription is cancelled or terminated according to these Terms. In the event your Subscription is cancelled or terminated, we will cease billing you beginning with the following Billing Period. However, we will not refund any payments that we have already received, and we reserve the right to collect any payments owed at the time of any such cancellation or termination.
A valid payment method is required to process the payments for your Subscription. We use a third party payment processor to process all payments made for the Service. More information about our current third party payment processor is available at stripe.com. You agree to provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method so that we can process your payments through our third party payment processor. By submitting such payment information, you automatically authorize us to charge all fees for your Subscription (“Fees”) incurred through your Account. Because we do not process your payments directly, we cannot guarantee the security of your payment information. However, we use encryption to transmit your payment information to our third party processor and do not keep or store any copies of your payment information.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Period as indicated on the invoice.
We, in our sole discretion and at any time, may adjust the monthly Fees for your Subscription. Any such adjustment will become effective at the end of the then-current Billing Period.
We will provide you with reasonable, but no less than ten (10) days’, prior notice of any adjustment to your Fees, so that you will have the opportunity to terminate your Subscription before such change becomes effective, should you choose to do so.
Your continued use of the Service after any adjustments to your Fees becomes effective constitutes your agreement to pay the modified Fees amount.
You may cancel your Subscription either through your online account management webpage.
We may terminate or suspend your Account and/or Subscription and prevent access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
Except when required by law, paid Fees are non-refundable.
Customer Support and Compatibility
We may, in our sole discretion, provide customer support as a convenience to you. However, we reserve the right to cease providing or charge a reasonable fee for customer support, upon our determination that your use of our customer support services is excessive.
It is your responsibility to select and acquire your own devices and software that are compatible with the Service.
We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription no later than one (1) day before, you will be automatically charged the applicable Fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial, or (ii) cancel such Free Trial.
We grant you a limited, non-exclusive, revocable license to use the Service (including Customizable Content (defined below) for the purpose of tracking, quantifying, and managing your sales and/or the sales of your Team Members. As used herein, a “Team Member” is any salesperson who receives compensation for their sales from you.
We retain ownership of the Service, including, without limitation any instance of the Service or Customizable Content that you may download and install onto a device.
You grant us the right to allow the Service to use processing and storage capabilities on any device that you use to access the Service, or onto which you install an instance of the Service.
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By providing Content on or through the Service, you represent and warrant that: (i) such Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided below, and (ii) that the provision of such Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account and Subscription of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us an unlimited and worldwide right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. Notwithstanding any Terms related to licensing herein, we may from time to time enter into alternative licensing arrangements with Subscribers in our sole discretion. The terms of any alternative licensing arrangements will prevail over these Terms, in the case of a conflict.
We have the right but not the obligation to monitor, edit, or remove any and all Content provided by you or any other party for any reason. We also have the right to use, copy, and share any Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Service.
Content that you do not provide to us that is found on or through this Service is owned by us or is used with permission. You may not re-distribute or re-sale said Content, whether in whole or in part, for commercial purposes or for personal gain, without express, advance written permission from us.
You are solely responsible for the security and privacy of any information that you disclose, download, or copy using or from the Service.
The Service comes preloaded with certain customizable Content (which constitutes part of the Service), including, without limitation, preconfigured call types, word tracts, dashboard goals, and compensation plan (“Customizable Content”). Customizable Content is provided as an example only and must be customized for your particular circumstances. We are available to help you configure Customizable Content at email@example.com. However, we cannot guarantee the accuracy or completeness of any such customization by us. You are solely responsible to ensure that any customizations that we make on your behalf are correct and appropriate to your particular circumstances, including, without limitation, any compensation plan that you may use.
In order to customize your Customizable Content, you must grant access to your Account to a member of our customer service team. You are responsible for removing such access after such customization is complete. Typically customization is only required during an initial Account setup and configuration period.
The Service and any content provided by us (excluding Content provided by users), including, without limitation all features, functionality, photographs, names, text, titles, phrases, trade names, service marks, logos, wallpaper, icons, characters, page headers, button icons, artwork, images, designs, graphics, pictures, illustrations, video, music, sound, “look and feel,” and all code and scripts in any format used to implement the Service (“Materials”) are and will remain the exclusive property of Clearcode Solutions. The Materials may be protected by copyright, trademark, and other laws of both the United States and foreign countries, and may not be used in a manner outside of the scope of your proper and authorized use of the Service without our prior written consent.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that we do not own or control. YOUR ACCESS OR USE OF THIRD PARTY WEBSITES IS AT YOUR OWN RISK.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not make any warranties regarding the offerings or actions of any of these entities/individuals or their websites or other services.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. We cannot and do not warrant that the Service is compatible with your computer systems or that the Service will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties. You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your computer systems, and you are responsible for the entire cost of any investigations, service, replacement, and repairs of and to your computer systems or information that may be necessary as a result of your use of the Service.
The Service is controlled and operated in whole or in part by us from our offices within the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.
You are responsible for complying with the laws of the United States and the laws of the jurisdictions where you are located and from which you access the Service, including U.S. export and re-export laws and regulations regarding the transmission of technical data. The Service employs Secure Socket Layer and/or Transport Layer Security encryption during the payment process to promote the security of user payment information. You represent and warrant that you will not access or use the Service in violation of law, including, without limitation, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are in full compliance with the regulations and laws listed above in addition to any laws, rules, and regulations of any other applicable jurisdiction. The provisions of this “International Use” section shall survive termination or cancellation of your Account, Subscription, or these Terms.
Nothing in the Materials constitutes an offer or solicitation to buy or sell any product to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Relationship to Third Parties and Industry Organizations
You are solely responsible for ensuring compliance with any third party requirements (for example, the requirements of any insurance company, financial services provider, or professional or industry organization). We do not have any official relationship with, or any certification or approval from, any third party companies or professional or industry organizations. Therefore, neither the Service, nor any Customizable Content provided by us has received any approval for use in connection with any particular industry. Check with third parties relevant to your industry to discover what requirements they may have that related to your use of the Service, including, without limitation, sales, reporting, customer service, compensation calculations, and the use of standard language for customer interactions, etc.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CLEARCODE SOLUTIONS AND ITS AFFILIATES, LICENSEES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), RESULTING FROM OR ARISING OUT OF: (A) ANY USE OR ACCESS OF THE SERVICE, BY YOU OR ANY PERSON USING YOUR ACCOUNT OR LOGIN CREDENTIALS; OR (B) A BREACH OF THESE TERMS, OR C) CONTENT (INCLUDING CUSTOMIZABLE CONTENT) OF THE SERVICE OR POSTED VIA THE SERVICE.
Limitation of Liability
IN NO EVENT SHALL CLEARCODE SOLUTIONS, NOR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, INTEGRITY, SECURITY, AND/OR CONFIDENTIALITY OF THE SERVICE.
CLEARCODE SOLUTIONS ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICE WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
We may transfer or assign any of our rights and obligations under these Terms; however, you may not transfer or assign any of your rights or obligations under these Terms or your Subscription without our express, written consent.
Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Tennessee in connection with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Service. If you have violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages that we may have. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees.
No Waiver; Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
These Terms and Conditions govern your interactions with us and shall not be construed as giving rights or obligations to third parties.
All provisions of the Terms which by their nature should reasonably survive termination shall survive termination, including, without limitation, provisions related to international use, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice, to your email address that we currently have on file, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and must immediately discontinue access and/or use.
If you have any questions about the Service or these Terms, please contact us at firstname.lastname@example.org.
Thank you for choosing Daily Win.
Clearcode Solutions, LLC
11826 Kingston Pike Ste. 130
Knoxville, TN 37934-3842