Terms of Service

Effective Date: March 17, 2024

Daydream Technology Inc. Technologies Inc. (“Daydream”, “We”, “Us”) owns and operates the Daydream Technology Inc. website, available at https://daydreamtech.ca (the “Website”), which is used to provide access to a personal sales assistant for multi-level marketing consultants platform (“Platform”) and our related personal contact management services and applications (collectively, together with the Platform, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DAYDREAM TECHNOLOGY INC. WEBSITE OR SERVICES. BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, AS WELL AS THE DAYDREAM TECHNOLOGY INC. PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, YOU CANNOT USE THE WEBSITE OR SERVICES.

IN ADDITION, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

1. DAYDREAM TECHNOLOGY INC. PLATFORM

1.1 Services

The Daydream Technology Inc. Platform allows individuals who are registered on the Platform to organize tasks, contacts, sales, and other business-related activities.

1.2 Terms of Service

These Terms of Service (the “Terms”) apply to all visitors and users of the Website and Services (“you,” “your,” and “Users”). Daydream Technology Inc. may modify these Terms at any time in our sole discretion by posting a notice on the Website or our mobile application (“App”). Any changes will take effect 30 days from the date of posting an update to these Terms.

2. REGISTRATION AND ACCOUNTS

2.1 Registration

In order to upload content on the Platform, Users must register for an account through Daydream Technology Inc. Any visitor to the Website can view certain listing information published on the Platform. By registering for an account, you represent and warrant that all information provided is accurate. If you register as a business entity or other organization, you represent that you have the authority to bind the entity to these Terms and any other agreement entered into with another user of the Services, in which case these Terms will be between such entity or organization and Daydream Technology Inc., and references to “you” or “User” will refer to such entity or organization.

2.2 Personal Information

When registering with Daydream Technology Inc., you may be asked to provide certain personal information. This information will be collected, used, and disclosed in accordance with our Privacy Policy, which is available at: daydreamtechnologies.com/privacy. If you provide personal information of a third party, you represent and warrant that you have received consent from that party to provide the personal information to Daydream Technology Inc. in accordance with our Privacy Policy. If you will be using the Daydream Technology Inc. or Services to process any personal data of residents in the European Economic Area or California consumers, you hereby agree to Daydream Technology Inc.'s Data Processing Agreement, a copy of which can be downloaded and signed from: privacy policy.

2.3 Billing Account & Price Terms for Subscriptions

Users who purchase premium Services or make in-app purchases are required to provide valid credit card and billing information (collectively known as “Billing Account”), which will be provided to Daydream Technology Inc.'s third-party payment processor (“Payment Processor”). You agree to pay Daydream Technology Inc. the amount that is specified in the applicable payment plan in accordance with the terms of such plan and these Terms, and you hereby authorize Daydream Technology Inc. to charge your credit card in advance on a predetermined basis in accordance with the terms of the applicable payment plan until termination of your account, and you further agree to pay any charges so incurred. Daydream Technology Inc. reserves the right to change its pricing terms for Subscriptions at any time and Daydream Technology Inc. will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Daydream Technology Inc.'s pricing terms then you may choose not to renew your Subscription in accordance with Section

2.4 Subscription Renew & Cancellations

All amounts are payable and charged at the beginning of the subscription term for both monthly and annual subscriptions. Each subscription will automatically renew for an additional period, equal in length to the expiring subscription term, until you cancel. You must cancel your monthly or yearly Subscription before the next renewal date to avoid the next Subscription billing. If you purchase your Subscription via the web app, you can cancel the renewal of your subscription at any time by visiting [page pending]. If you purchased your Subscription through the Apple or Google App stores, you can cancel the renewal of your subscription at any time with the App Provider. Upon cancelling your subscription you will have access to the service for the remainder of the subscription period. In the month following the cancellation you will continue to have access to the features and functionality available only to free accounts.

2.5 No Refunds

Daydream Technology Inc. does not issue refunds for partially used subscription periods. All products available for in-app purchase are final sale. Daydream Technology Inc. does not offer any refunds for purchases made through the Services.

3. DISCLAIMERS

3.1 Listings

We have no control over the conduct of our Users or the truth or accuracy of the information that Users share on the services. We cannot guarantee the true identity of any individual with whom you engage through the Services or verify any listing information. We do not endorse any persons who use or register for our Services. USE OF THE SERVICES ARE AT YOUR OWN RISK. DAYDREAM TECHNOLOGY INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, CAUSED BY ANOTHER USER OF THE SERVICES.

3.2 User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and Daydream Technology Inc. will have no liability or responsibility with respect thereto. Daydream Technology Inc. reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

4. PAYMENT TERMS

4.1 Fees

There are no monthly recurring fees to register for the Daydream Technology Inc. Services unless the User registers for a premium account or purchases products within Daydream Technology Inc.

4.2 Payment Method

Users hereby agree that all payments will be processed using Daydream Technology Inc.'s third-party Payment Processor, Stripe, and that all such payments will be governed by the Payment Processor's terms and conditions available at https://stripe.com/legal/ssa or as otherwise published by the Payment Processor.

4.3 Taxes

Any fees for premium Services are subject to applicable taxes, which will be determined by Daydream Technology Inc. and added to the respective fees.

4.4 In-App Purchase Taxes

Users are responsible for determining the amount of applicable taxes to be charged for in-app sales. Accordingly, Daydream Technology Inc. is not responsible for calculating, reporting, remitting, and withholding any applicable federal, state, provincial, goods, services, value-added, municipal, or other taxes or third-party fees associated with transactions between Users.

5. LICENSE; INTELLECTUAL PROPERTY

5.1 License

Subject to your compliance with these Terms and your payment of any of Daydream Technology Inc.'s fees owed hereunder, Daydream Technology Inc. grants you a non-transferable, non-exclusive, non-sublicensable license to access and use the Website and the Services (the “License”) and to download and use the App. Except as explicitly provided herein, nothing in the Terms gives you a right to use the Daydream Technology Inc. names, trademarks, logos, or other distinctive brand features without our prior written consent. The Apps are licensed, not sold.

5.2 Reservation of Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Daydream Technology Inc. Content”), and all intellectual property rights related thereto, are the exclusive property of Daydream Technology Inc. and its licensors. Use of the Daydream Technology Inc. Content for any purpose not expressly permitted by these Terms is strictly prohibited.

5.3 Feedback

You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Daydream Technology Inc. under any fiduciary or other obligation, and that we are free to use and exploit in any manner the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.

5.4 User Content

Daydream Technology Inc. does not claim ownership of the data, materials, and/or content created, uploaded, or otherwise transmitted by you through the use of the Daydream Technology Inc. Website or Services, including but not limited to reviews, photos, and comments (“User Content”). However, by using the Website and/or Services, you grant Daydream Technology Inc. a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display, and sublicense such User Content for the purpose of operating the Website and Services.

6. RESTRICTIONS

Daydream Technology Inc. may impose certain limitations on the use of the Website or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Daydream Technology Inc. Website and the Services only for purposes as permitted by these Terms. Daydream Technology Inc. reserves the right to modify or impose any limitations on the use of the Daydream Technology Inc. Website and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Services at any time without any liability whatsoever. In using the Daydream Technology Inc. Website and/or the Services, you shall not:

• a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national, or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
• b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Daydream Technology Inc. Website or the Services;
• c) upload, post, email, transmit or otherwise make available any material that:
• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
• you do not have a right to make available under any law or under a contractual relationship;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
• is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User's privacy; or contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
• d) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Daydream Technology Inc. Website, Services, App or any other software provided by us;
• e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• f) “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
• g) register for more than one user account or register for a user account on behalf of an individual other than yourself;
• h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• i) use automated scripts to collect information or otherwise interact with the Services or the Website;
• j) access or use the Website or Services for the purpose of copying any feature of the Website or Services or building a competitive product; or
• k) advocate, encourage, or assist any third party in doing any of the foregoing.

7. INDEMNITY

You agree to defend, indemnify, and hold Daydream Technology Inc., its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website or Services; (b) your use of the Website or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another, including any intellectual property rights or privacy rights; or (f) your violation of any contract you enter into with another user of the Services. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.

8. TERM; TERMINATION

8.1 Termination by Daydream Technology Inc.

Daydream Technology Inc. may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Daydream Technology Inc. Website or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Daydream Technology Inc. in its sole discretion, and Daydream Technology Inc. will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.

8.2 Closing of Account by User

At any time, the User may terminate their account. If the User terminates a Premium Account, no refunds will be issued.

9. THIRD-PARTY CONTENT; DISTRIBUTION CHANNELS

9.1 Links

The Website may contain links to other websites that are not owned or controlled by Daydream Technology Inc.. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by Daydream Technology Inc. of that third party, third-party product or service. Daydream Technology Inc. is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services, and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) or any advertisements does not imply that Daydream Technology Inc. endorses or accepts any responsibility for the content or use of such websites, and you hereby release Daydream Technology Inc. from all liability and damages that may arise from your use of such websites or receipt of services from any such websites.

9.2 DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canadian copyright law. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at info@daydreamtech.ca (subject line: DMCA Takedown Request).

Notice: To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

9.2 Distribution Channels

The App may be made available through the Apple App Store, Android Marketplace or other distribution channel (“Distribution Channel”). If you obtain the App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel.

10. DISCLAIMER OF WARRANTIES AND CONDITIONS

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DAYDREAM TECHNOLOGY INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND RELATING TO THE DAYDREAM TECHNOLOGY INC. WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY MATERIAL TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAYDREAM TECHNOLOGY INC. OR THROUGH OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DAYDREAM TECHNOLOGY INC. BE LIABLE FOR ANY DAMAGES THAT RESULT FROM (A) YOUR INABILITY TO USE THE WEBSITE OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR SERVICES, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, ANY BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DAYDREAM TECHNOLOGY INC.'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED DOLLARS (CAD$500) OR (B) ALL DAYDREAM TECHNOLOGY INC.'S FEES YOU'VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

12. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement governing the use of the Daydream Technology Inc. Website and the Services and all related activities. We reserve the right to modify or change the Daydream Technology Inc. Website and the Services at any time without notice or liability to you. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Daydream Technology Inc. may assign these Terms for any reason without notice to you.

13. ENGLISH LANGUAGE

It is the express wish of the parties that these Terms and all related documents be drawn up 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.

14. CONTACT US

If you have any questions about these Terms or if you wish to receive any additional information, provide feedback, or raise any concerns in relation to the Daydream Technology Inc. Website or the Services, please contact us at: info@daydreamtech.ca.