Terms of Use

These Terms of Use (“Terms”) are an agreement between you and Itinerator, Inc. d/b/a DayOf (“DayOf”, “we”, “us”), a Delaware corporation. They apply to dayof.travel, DayOf’s text-message service, the DayOf catalog, team workspaces and related services (together, the “Service”). By creating an account, texting the Service, booking through the catalog, or signing an Order Form, you agree to these Terms. If you accept on behalf of a company, you represent that you are authorized to bind it, and “you” includes that company.

Sections 1 through 4 apply to everyone. Section 5 applies to companies that purchase a team workspace. Sections 6 through 13 apply to everyone.

1. About DayOf

DayOf is software for in-person marketing.

2. Accounts

2.1 Eligibility. You must be at least 18 to use the Service. DayOf may refuse or close an account where the law allows.

2.2 Your account. Keep your login credentials secure. You are responsible for everything sent from your phone number and account, and for telling us within forty-eight (48) hours if you learn of unauthorized use.

2.3 Information about other people. When you capture a contact or note, you are responsible for having the right to record and store that information. Do not use the Service to send unsolicited messages or to collect information you have no right to collect.

2.4 Your contacts and notes. The contacts, notes and other content in your personal account are yours. DayOf uses them only as described in Section 7.

2.5 Team workspaces. If a company adds you to its team workspace, contacts you capture are saved to your personal account and may also be saved to the workspace. Notes are saved to whichever workspace you direct them. A note you assign to a team workspace belongs to the company that owns that workspace, as provided in Section 5, and you are responsible for assigning notes to the right place. If you are removed from a workspace, you keep your personal contacts and notes and lose access to the workspace and its notes.

3. Text Messages

Opting in to text messages is optional and not required to use the Service. You can opt in by checking the box when you give us your number or by texting START to your account’s number. Once opted in, you will receive recurring automated texts about your contacts, events and account. Message frequency varies and message and data rates may apply. Reply HELP for help or STOP to cancel. Carriers are not liable for delayed or undelivered messages. See the Privacy Policy for how we handle mobile information.

4. Bookings

4.1 Inquiries. A form or inquiry does not create a booking. A booking exists only when DayOf confirms it in writing and you authorize payment.

4.2 Our role. DayOf arranges bookings with third-party venues and operators, who deliver the experience. The written confirmation sets the price, payment schedule, deposit, change window and cancellation terms, including any operator fees. DayOf collects payment at booking, and the operator’s cancellation and deposit terms govern any refund. DayOf will work in good faith on substitutions, rescheduling or refunds under those terms.

4.3 Your responsibilities. Provide accurate event and group details. You are responsible for your group’s conduct and for on-site costs outside the agreed scope.

5. Team Workspaces

This Section applies to a company (“Client”) that purchases a team workspace under a signed or electronically accepted order form (“Order Form”). The Order Form and these Terms together form the agreement for that workspace. If they conflict, the Order Form controls.

5.1 Access Rights. Subject to these Terms, DayOf grants Client a limited, non-transferable, non-sublicensable right to access and use one team workspace as described in the Order Form during the Term. Additional workspaces require a separate Order Form.

5.2 Authorized Users. The workspace may be used only by Client’s employees and contractors whom Client adds to it (“Authorized Users”). Client is responsible for Authorized Users’ use of the workspace, and any act or omission of an Authorized User is deemed an act or omission of Client.

5.3 Restrictions. Client will not, and will ensure that Authorized Users do not: (a) make the workspace available to anyone other than Authorized Users; (b) resell, sublicense or otherwise commercially exploit the Service; (c) copy, modify, reverse engineer or create derivative works of the Service; or (d) interfere with the security or performance of the Service.

5.4 Fees. Client will pay the fees in the Order Form (the “Fees”) by the payment method stated there, and authorizes DayOf to charge that method on each billing date. Fees are in U.S. dollars and nonrefundable except as expressly provided in these Terms. Fees not paid when due bear interest at one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. Fees exclude sales, use and similar taxes, which Client is responsible for unless it provides a valid exemption certificate.

5.5 Suspension. DayOf may suspend a workspace: (a) during any reasonable threat to the security or integrity of the Service, resuming promptly once it passes; (b) with reasonable notice and an opportunity to cure, if Client or an Authorized User materially breaches these Terms; or (c) if Fees remain unpaid thirty (30) days after DayOf gives written notice that they are overdue. Fees continue to accrue during a suspension under (b) or (c). Suspension does not delete Workspace Data.

5.6 Term and Renewal. The agreement for a workspace begins on the Order Form’s Effective Date and continues through its Initial Term. It then renews automatically for successive twelve (12) month terms (each a “Renewal Term” and, with the Initial Term, the “Term”) unless either party gives written notice of non-renewal at least thirty (30) days before the then-current term ends. Fees for a Renewal Term are as stated in the Order Form or, where it is silent, DayOf’s then-current pricing for the plan that fits Client’s use. DayOf will give notice of Renewal Term Fees at least sixty (60) days before the then-current term ends.

5.7 Termination. Neither party may terminate for convenience during a term; if Client ends the agreement early other than for cause, the Fees for the remainder of the then-current term become due. Either party may terminate if the other materially breaches these Terms and fails to cure within thirty (30) days after written notice, or seeks the protection of any bankruptcy court, becomes insolvent or makes an assignment for the benefit of creditors. If Client terminates for DayOf’s uncured breach, DayOf will refund prepaid Fees for the unused portion of the then-current term.

5.8 Effect of Termination. Access to the workspace ends on termination or expiration. For thirty (30) days afterward Client may export its Workspace Data, after which DayOf may delete it. Accrued payment obligations and Sections 5.4, 6 through 13 survive.

5.9 Workspace Data. As between DayOf and Client, Client owns all content and data in its workspace, including data imported from Client’s CRM (“Workspace Data”). Client represents that it has all rights necessary to provide Workspace Data and that it complies with applicable law. Contacts and notes in Authorized Users’ personal accounts are governed by Section 2.

5.10 Confidentiality. Each of DayOf and Client will keep the other’s non-public business information, including pricing and the terms of the Order Form, confidential, use it only in connection with the agreement, and share it only with employees, contractors and advisors who need to know it and are bound by comparable obligations, or as required by law after notice where legally permitted. This does not cover information that is or becomes public through no fault of the receiving party, was already known to it without restriction, is lawfully received from a third party without restriction, or is independently developed. These obligations last during the Term and for two (2) years after, and for trade secrets as long as they remain trade secrets. A breach may cause irreparable harm, and the disclosing party may seek injunctive relief.

5.11 Indemnification. DayOf will defend Client against any third-party claim that Client’s use of the Service in accordance with these Terms infringes that third party’s intellectual property rights, and will pay the damages and costs finally awarded or agreed in settlement. If such a claim is made or likely, DayOf may modify or replace the affected feature, procure the right for Client to continue using it, or terminate the affected workspace and refund prepaid Fees for the unused portion of the term. This is DayOf’s entire liability for intellectual property infringement. Client will defend DayOf and its officers, directors, employees and agents against any third-party claim arising from Workspace Data, from Client’s or an Authorized User’s use of the Service in breach of these Terms or applicable law, or from Client’s gross negligence or willful misconduct, and will pay the damages and costs finally awarded or agreed in settlement. The indemnified party must give prompt written notice, allow the indemnifying party to control the defense and settlement, and cooperate at the indemnifying party’s expense; no settlement may impose obligations on the indemnified party without its consent.

5.12 Reference. DayOf may identify Client by name and logo as a DayOf customer. Any case study, testimonial or quote requires Client’s prior written approval. Client may revoke this permission on thirty (30) days’ written notice.

6. Connected Services

At your direction, DayOf reads from and writes to your CRM and other third-party services. Your use of those services is governed by your agreements with their providers. Message delivery depends on third-party carriers, for which DayOf is not responsible.

7. How DayOf Uses Data

7.1 Your data. DayOf uses the contacts, notes and other content in your account or workspace (“Your Data”) only to provide, support and improve the Service, including through third-party service providers (including AI model providers) under confidentiality obligations. DayOf does not sell Your Data, does not use the contacts and people you log for DayOf’s own sales or marketing, and does not permit Your Data to be used to train artificial intelligence models.

7.2 Enrichment. To complete a contact record, DayOf may look up publicly available or licensed professional information about a contact you capture through third-party data providers, and may share the identifying details needed for the lookup with those providers for that purpose only. Enriched information is provided as is, may be inaccurate or out of date, and becomes part of Your Data.

7.3 Aggregated Data. DayOf may compile de-identified, aggregated data derived from use of the Service, including interaction data from conferences and events, that does not identify you, your company, or any individual or company you meet (“Aggregated Data”). DayOf owns Aggregated Data and may use it for any lawful purpose, including sharing it with third parties. Aggregated Data is not Your Data, and sharing it is not a sale of Your Data.

7.4 Security. DayOf maintains commercially reasonable administrative, technical and physical safeguards to protect Your Data and will notify you within seventy-two (72) hours after confirming any unauthorized access to it.

7.5 Privacy. The Privacy Policy at dayof.travel/privacy describes what we collect and how we handle it.

8. DayOf’s Intellectual Property

DayOf owns and retains all right, title and interest in the Service, including its software, models, workflows, templates, documentation, design, catalog content, usage analytics and Aggregated Data, and all improvements and derivative works (the “DayOf Materials”). All rights not expressly granted are reserved. Copying, scraping or redistributing the Service or catalog content requires DayOf’s written consent. If you give DayOf suggestions or feedback about the Service, DayOf may use them without restriction, and you assign to DayOf any rights in them.

9. Disclaimer

THE SERVICE USES ARTIFICIAL INTELLIGENCE TO INTERPRET AND FILE WHAT YOU SEND AND MAY PRODUCE ERRORS. YOU ARE RESPONSIBLE FOR REVIEWING CONTACTS, REPORTS AND CRM ENTRIES BEFORE RELYING ON THEM. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS,” AND DAYOF DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. Limitation of Liability

EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 5.11, BREACH OF SECTION 5.10, FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND CLIENT’S OBLIGATION TO PAY FEES: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID DAYOF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM AND ONE HUNDRED DOLLARS ($100). DAYOF’S LIABILITY FOR A BOOKING IS LIMITED TO THE AMOUNT YOU PAID DAYOF FOR IT.

11. Changes to these Terms

DayOf may update these Terms by posting the updated version at dayof.travel/terms with a new “last updated” date. For individual accounts and bookings, continued use of the Service after the update is acceptance of it. For a team workspace under an Order Form, updated Terms take effect at the start of the next Renewal Term. DayOf will notify Client of updates, and a Client that does not accept them may give notice of non-renewal under Section 5.6. Changes required by law may take effect on notice.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Each party consents to the exclusive jurisdiction of the state and federal courts located in Delaware. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ITS RIGHT TO A JURY TRIAL IN ANY ACTION RELATING TO THESE TERMS.

13. General

13.1 Notices. Notices to DayOf go to legal@dayof.travel. Notices to you go to the email on your account or in the Order Form. A notice of breach or termination of a workspace agreement must also be sent by certified mail or overnight courier.

13.2 Assignment. You may not assign these Terms without DayOf’s prior written consent, except to an entity that acquires all or substantially all of your stock or assets. DayOf may assign these Terms to an affiliate or successor.

13.3 Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, except for the payment of money.

13.4 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

13.5 Entire Agreement; Waiver; Severability. These Terms, the Privacy Policy and any Order Form are the entire agreement between you and DayOf on their subject matter and supersede prior understandings. Terms in any purchase order or similar document do not apply. A waiver of one breach does not excuse any other. If any provision is held invalid, the rest remains in full force.

13.6 Electronic Acceptance. An Order Form may be signed electronically or accepted through DayOf’s online checkout, each of which is binding.

13.7 Contact. Questions about these Terms go to legal@dayof.travel, or by mail to Itinerator, Inc. d/b/a DayOf, 110 N Corcoran St, Durham, NC 27701.