Terms & Conditions
Last Updated: Dec 2, 2024
These All Day TA Terms and Conditions (the “Terms”) are entered into by and between All Day TA Inc., an Ontario corporation (“All Day TA”) and the person or entity agreeing to these terms (the “Customer”) and govern Customer’s access to and use of All Day TA Services.
For individual users, this Agreement is effective when Customer accepts these Terms by checking the "I have read and agree to the terms & conditions" box during registration (the "Effective Date"). For institutional licenses, this Agreement is effective upon signature by both parties (the "Effective Date").
If you are accepting on behalf of a Customer who is not a natural person (such as a corporation), you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. These All Day TA Terms and Conditions (the "Terms") are entered into by and between All Day TA Inc., an Ontario corporation ("All Day TA") and the person or entity agreeing to these terms (the "Customer") and govern Customer's access to and use of All Day TA Services.
1. What the Customer Can Do
All Day TA grants to Customer a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable worldwide license to access and use Services.
All Day TA provides AI-powered Services designed to assist in educational contexts. The Services include but are not limited to answering questions, providing explanations, and assisting with various academic tasks.
The Customer is solely responsible for any content they upload, submit, or otherwise make available through the Services ("Customer Content"). Customer Content includes all files uploaded to the Services. Customers have full control over Customer Content and can delete their content at any time during their use of Services.
Part 1 - General Terms
2. What All Day TA Can Do
We reserve the right to review the questions asked and outputs provided by the Services for quality assurance, service improvement, and compliance purposes. As between the parties and to the extent permitted by applicable law, All Day TA agrees that Customer owns all content uploaded to Services (“Customer Content”), and disclaims any rights it receives to the Customer Content under these Terms. All Day TA does not anticipate obtaining any rights in Customer Content under these Terms. All Day TA may not use Customer Content from the Services for any purpose without express permission from Customer.
All Day TA can use any feedback submitted by Customers through email or the support form accessible through our Services or website to make improvements to the Services.
We reserve the right to suspend or terminate Customer access to the Services if they violate the Terms or engage in any conduct we deem inappropriate or harmful to other users or the Services, as defined in section 4. Customer Restrictions.
3. Termination or Modification of Terms
All Day TA may modify the Terms at any time, including terminating or suspending access to the Services, in its sole and absolute discretion. Customers will be notified about modifications to the Terms via email at the email address provided by the Customer. The most up-to-date Terms will be posted on the All Day TA website at https://alldayta.com/terms.
4. Customer Restrictions
Customer will not:
copy, modify, distribute, sell, sub-license or create a derivative work of the Services;
reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services;
bypass any measures All Day TA uses to restrict access to the Services;
use the Services to store or transmit malicious code, or to transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
use the Services to store or transmit any content that includes personally identifiable information or records;
use the Services in violation of any applicable laws, intellectual property rights, or other rights of third parties;
use the Services to promote a competing product or service, or
use the Services to impersonate or attempt to impersonate All Day TA, an All Day TA employee, or any other user.
5. Customer Indemnity
Customer shall indemnify, defend and hold harmless All Day TA, its affiliates and their officers, directors, employees and agents from any and all lawsuits, damages, liabilities, costs, charges, and expenses, including reasonable attorneys’ fees, resulting from any third-party claim related to the Customer use of the Services, including in relation to any Customer Content provided by the Customer for use by the Services. All Day TA and its affiliates shall have sole discretion and control to defend, compromise or settle any such claim, and the Customer shall cooperate reasonably with All Day TA in such efforts.
The Customer is responsible for (i) maintaining the confidentiality of their account and password, (ii) restricting access to their account, (iii) providing accurate, current and complete information during the registration process, and (iv) informing All Day TA if updates to their account information are required.
6. No All Day TA Inc. Liability
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
All Day TA is not liable for any incorrect outputs, hallucinations, or errors produced by the Services. The Customer acknowledges that the AI-system may produce inaccurate or inappropriate responses and agrees to use their judgment when relying on information provided by the Services.
All Day TA shall have no liability to the Customer whatsoever, whether in contract, tort or otherwise, relating to the Terms or the Customer’s use of the Services or any consequences thereof, including direct, indirect, special, incidental or consequential damages (including loss of profits, loss of revenues, data loss or usage or loss of opportunities) arising out of or relating to these Terms or the use of the Services.
7. Intellectual Property
The Services, including all content, features, and functionality, is owned by All Day TA and is protected by copyright, trademark, and other intellectual property laws. The Services and its underlying technology, including any algorithms, models, or outputs, are the exclusive property of All Day TA. Customers are granted a limited, non-exclusive, non-transferable license to use the Services for its intended purpose.
8. Privacy and Data Protection
All Day TA may use Customer information to improve the Services while preserving user-identifiable information confidentiality. We use personally identifiable information for Service access and account communications. Our privacy practices are detailed at https://alldayta.com/privacy, incorporated by reference.
Upon account termination (whether customer-initiated or All Day TA-initiated), we will: (a) Delete all Customer Content and personally identifiable information within 30 days. (b) Allow Customers to request a copy of their data before deletion if they have closed their account. (c) For paid subscriptions, process refunds according to Section 10.6.
9. Miscellaneous
9.1 Sections 2 to 8 inclusive, section 9.5 and section 10.8 will survive any expiration or termination of the Terms.
9.2 The Terms are not transferable by the Customer in any way to any other person. Any purported assignment made in conflict with this provision shall be void.
9.3 A waiver of rights under the Terms will not be effective unless it is in writing and signed by an authorized representative of the party that is waiving the rights.
9.4 If any provision of the Terms, or portion thereof, is found to be invalid, unlawful or unenforceable to any extent, then such provisions or portions will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable laws.
9.5 The Terms, and any and all disputes directly or indirectly arising out of or relating to the Terms, will be governed by and construed in accordance with the laws of the Province of Ontario, without reference to the choice of law rules thereof. The Parties agree to submit to the exclusive jurisdiction over all disputes hereunder of the courts in the Province of Ontario. If the Customer is in Canada, it is the express wish of both parties that the Terms, and any associated Documentation, be written and signed in English. C’est la volonté expresse des parties que la présente convention ainsi que les Documents qui s’y rattachent soient rédigés en anglais.
Part 2 - Additional Terms for Paid Subscriptions
The terms in Part 1 - General Terms apply to all Customers of the Services, whether under free trial or paid subscription.
10. Usage by credit card payment
10.1 All Day TA offers 6-month subscriptions, effective from subscription start date, payable in advance via credit card billing. Subscription pricing and usage limitations are posted at https://alldayta.com/pricing. Current pricing applies only to the active 6-month subscription period, as subscriptions do not auto-renew. Renewal pricing will reflect rates posted on https://alldayta.com/pricing at the time of renewal. All Day TA reserves the right to modify applicable prices (and taxes) without direct notification. Prices exclude applicable taxes (such as sales tax), which will be applied according to law.
10.2 Customer warrants that it has the necessary permissions to use the credit card payment method chosen and recognizes that the transmission to All Day TA of the Customer’s payment information is evidence of its ability and consent to the sale and to the payment due pursuant to the purchase. All Day TA does not save the details of the Customer’s credit card, but the proof of the transaction will be maintained by All Day TA and/or its payments processing provider. Should the relevant issuing bank or other participants in the Customer’s payment method refuse to authorize the payment by credit card or in case of non-payment, All Day TA reserves the right to suspend or cancel the Customer’s access to All Day TA Services. All Day TA also reserves the right to refuse a purchase made by a Customer who has not fully paid for its current or any previous purchase or with whom a dispute is unresolved.
10.3 The Customer will be responsible for any credit card chargebacks and related fees that All Day TA may incur on its account. If the Customer fails to reimburse All Day TA for any credit card chargebacks or related fees within 10 days of All Day TA’s initial demand for reimbursement, then All Day TA may charge the Customer additional charges in respect of All Day TA’s expenses relating to a chargeback.
10.4 The Customer may terminate a paid subscription by providing 30 days written notice through https://alldayta.com/support. Upon termination, data deletion and refund terms outlined in Section 8 will apply.
10.5 All Day TA retains the right to terminate Customer access to the Services at any time and for any reason, including late or non-payment, cases of suspected abuse (including but not limited to: unauthorized access attempts; violation of usage limits; automated scraping; resale of services; or any violation of Customer Restrictions defined in Section 4), or for any relevant regulatory or compliance reasons. All Day TA will email the Customer to notify them of their account suspension and the applicable reasons.
10.6 The refunds policy for purchase of the Services is as follows: (a) Prorated refunds are provided for unused portions of prepaid subscription periods upon account termination (b) Full refunds may be granted at All Day TA's sole discretion (c) No refunds will be provided for partially used subscription periods.
10.7 Customer may receive periodic communications from All Day TA at the contact information submitted during sign-up for the use of the Services, such as training and on-boarding materials, product tips and updates, event information and special offers. Customers can stop receiving email communications by opting out via the unsubscribe link in the emails. Personal data we collect is detailed at https://alldayta.com/privacy.
10.8 This Section 10 will also survive any expiration or termination of these Terms.
By using the All Day TA Services, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.