Terms of Use
Last updated: May 13, 2026
1. Acceptance of Terms
By accessing or using DayClerk ("the Service"), you agree to be bound by these Terms of Use ("Terms") and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use the Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
DayClerk is an AI-powered platform that enables small and mid-size businesses to generate marketing campaign materials including landing pages, email copy, and social media posts. The Service uses artificial intelligence to simulate audience behavior, generate campaign content, and produce variant-specific marketing assets.
The Service is currently in beta. Features, pricing, and availability are subject to change without notice. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
3. User Accounts and Access
Access to the full Service requires registration and approval. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to approve, deny, or revoke access to the Service at our sole discretion, including during the beta period. Beta access may be subject to usage caps and feature limitations.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to generate spam, misleading content, or materials that violate applicable advertising laws
- Attempt to reverse engineer, decompile, or extract proprietary algorithms from the Service
- Use automated tools to scrape, crawl, or extract data from the Service without written permission
- Share account credentials or resell access to the Service
- Upload content that infringes third-party intellectual property rights
- Use the Service to generate content that is defamatory, harassing, or discriminatory
- Attempt to circumvent access controls, rate limits, or security measures
- Upload, input, or process any Protected Health Information (PHI) as defined under HIPAA, Controlled Unclassified Information (CUI) as defined under federal regulation, or any data subject to sector-specific regulatory frameworks (including but not limited to HIPAA, CMMC, or ITAR). The Service is not designed, certified, or authorized to handle regulated data of this nature
5. Intellectual Property
The Service and its original content, features, and functionality are owned by DayClerk and are protected by applicable intellectual property laws. You retain ownership of all content you upload to the Service (documents, brand assets, product data). You grant DayClerk a limited license to use that content solely to provide and improve the Service.
AI-generated outputs produced by the Service are provided for your use. You are responsible for reviewing generated content before publishing. We make no guarantees that AI-generated content is original, accurate, or free from third-party claims.
6. Third-Party Services
The Service integrates with and depends on the following third-party providers. Your use of the Service is also subject to the terms and policies of these providers:
- Anthropic (Claude API) — AI content generation. Subject to Anthropic's Usage Policies and Terms of Service.
- Pexels — Stock photography used in hero images and campaign assets. Images are provided under the Pexels License. Photographer attribution is displayed wherever Pexels images appear.
- Supabase — Database and authentication infrastructure.
- Vercel — Application hosting and deployment infrastructure.
- Resend — Transactional email delivery.
Pexels images used within the Service are provided under the Pexels License, which allows free use for commercial and non-commercial purposes with attribution. Photographer credit is automatically displayed on all pages where Pexels images appear. You may not resell or redistribute Pexels images as standalone assets.
7. AI-Generated Content
Content generated by the Service is produced by large language models and may contain inaccuracies, omissions, or errors. You are solely responsible for reviewing, editing, and approving all AI-generated content before use. DayClerk does not warrant that generated content is accurate, complete, legally compliant, or suitable for any particular purpose.
You acknowledge that AI systems may occasionally produce similar outputs for different users. We do not guarantee that content generated for your account will be unique or that it will not resemble content generated for others.
8. No Guarantee of Marketing Performance
The Service generates marketing assets — including landing pages, email copy, social media content, and audience simulations — using artificial intelligence. These assets are provided as starting points for your campaigns. DayClerk makes no representations, warranties, or guarantees of any kind regarding the marketing effectiveness, conversion performance, click-through rates, revenue outcomes, or business results you may achieve from using assets generated by the Service.
Campaign performance depends on numerous factors outside our control, including but not limited to: your product, pricing, brand reputation, market conditions, audience targeting, advertising spend, distribution channels, competitive landscape, and timing. A landing page or email generated by the Service may perform differently across different businesses, audiences, and time periods.
AI-generated marketing materials are a tool, not a guarantee. Results vary significantly based on your business, market, and execution. You are solely responsible for testing, optimizing, and validating the performance of any assets generated by the Service before or after publication.
Audience simulations and behavior predictions are computational models derived from the campaign inputs, business context, and market data you provide, informed by established principles of consumer psychology, behavioral economics, and digital marketing research. They represent directional insight into likely audience tendencies — not guaranteed outcomes or conversion forecasts.
9. Privacy and Data
Your use of the Service is subject to our Privacy Policy, which governs how we collect, use, and protect your information. By using the Service, you consent to the collection and use of information in accordance with that policy.
Documents and files you upload (PDFs, product data, etc.) are used solely to provide the Service features you request. We do not sell or share your uploaded content with third parties for marketing purposes.
If you are a business or agency using DayClerk on behalf of clients, you represent that you are the data controller responsible for any client data you upload or process through the Service. You are solely responsible for ensuring you have the appropriate rights, consents, and legal basis to provide that data to the Service, and for complying with all applicable privacy and data protection laws with respect to your clients' information. DayClerk acts as a data processor on your behalf for campaign inputs you provide. Business customers may request a Data Processing Agreement at dayclerk.com/legal/dpa.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAYCLERK EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAYCLERK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100 USD IF YOU HAVE NOT MADE ANY PAYMENTS.
12. Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice or liability, for any reason including breach of these Terms. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, and limitations of liability.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify registered users of material changes by email or by posting a notice within the Service. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.
15. Contact
If you have questions about these Terms, please use the contact form at dayclerk.com/contact. For general support inquiries, visit the DayClerk dashboard or use the in-app feedback link.