Terms of Service

About these Terms

1.1 Who we are

Daymaker is operated by Daymaker, Inc., a Delaware corporation at 221 Monterey Street, Santa Cruz, CA 95060, USA ("Daymaker", "we", "us"). You can reach us at contact@daymaker.com.

1.2 What they cover

These Terms of Service ("Terms") apply to daymaker.com, the Daymaker platform and everything that comes with it: the web app, research, gift picks, gift links and claim pages, our API and MCP server, and our integrations (together, the "Services").

They apply to three groups of people:

• Visitors who browse daymaker.com or try a demo.
• Users who create an account or use the Services for a company ("you"). If you use the Services for a company, you accept these Terms for that company too.
• Recipients who receive a gift or a gift link sent through Daymaker. Section 9 is written for you.

Using Daymaker

2.1 Business use only

Daymaker is built for businesses. You may only use the Services as a User for your work, not as a consumer, and you must be at least 18 years old. If you accept these Terms for a company, you confirm that you are allowed to bind it.

2.2 Your account

Sign up with a work email and keep your details accurate. Keep your login private, do not share it outside your team, and tell us straight away at contact@daymaker.com if you think someone else has used it. You are responsible for everything done through your account, including by teammates you invite. We may refuse or close an account that breaks these Terms.

What Daymaker does

3.1 Research

You choose the people you want to reach. We research each of them from publicly available sources, such as company websites, professional profiles, published interviews, posts and news, and show you what we found with links to the sources. We use automated tools, including artificial intelligence, and third party data providers to do this.

3.2 Gift picks

Based on the research we suggest a gift and a message for each person. A gift pick is a suggestion. You decide whether to use it, and nothing is bought until you approve it or a recipient claims it from a gift link you have set up. We never spend above the limit you set.

3.3 Buying and delivering gifts

When you approve a gift, or a recipient claims one, we buy it from a supplier on your behalf, may repackage it with your branding and a handwritten note, and arrange delivery to the address given to us. With a gift link, the recipient chooses the address and the day.

3.4 Changes and early features

We improve Daymaker all the time, so features may change, move or be retired. Features marked beta, preview or early access may be incomplete and can change or stop without notice. For subscribers, the Customer Subscription Terms say what we will not take away during a subscription term.

Prices and payment

4.1 What you pay

Subscription prices, included research and any extra research fees are agreed in your order form. Each gift is priced separately, and the price, including packaging and delivery, is shown before you approve it.

4.2 When you pay

We take payment through Stripe or by invoice. You authorise us to charge the payment method on your account for gifts you approve and, on gift links set to charge per claim, for every gift a recipient claims. Prices are in US dollars and exclude sales tax, VAT and similar taxes, which are added where they apply.

4.3 Refunds

Once a gift has been ordered from a supplier, its price cannot be refunded, because the gift is bought for a specific person. Subscription fees are not refunded except as set out in your order form or the Customer Subscription Terms, or where the law requires it. Research credits have no cash value and cannot be transferred.

Gifts and delivery

5.1 Who makes and delivers the gift

We pick and arrange every gift, and we are your single point of contact if anything goes wrong. The gifts themselves are made, sold and delivered by independent suppliers, bakeries, repackaging partners and carriers, on their own terms. We choose them with care, but we are not responsible for a gift's contents, quality, labelling or food safety, or for the carrier's handling of it.

5.2 When delivery does not work out

Delivery dates are estimates. We are not liable if a gift arrives late, damaged or not at all, for example because an address is wrong or out of date, the gift is refused, a building or company does not accept gifts, or something outside our control gets in the way. A gift counts as delivered when it is handed over or left in line with normal carrier practice. We will help, and we may reschedule or resend a gift where we can, but we do not have to.

5.3 Food and allergies

Some gifts, such as cakes and treats, are food and may contain wheat, eggs, dairy, nuts, soy and other allergens. We do not know a recipient's dietary needs. Do not send food to anyone you know has a relevant allergy or restriction.

No guaranteed results

6.1 What we promise

We do the work with reasonable skill and care. We do not promise any particular outcome. In particular, we do not guarantee that research is complete, accurate or up to date, that a recipient will accept, like or reply to a gift, or that any meeting, deal or other result will follow.

Your responsibilities

7.1 Your outreach

Messages and gift offers you send through Daymaker are sent in your name, and you are responsible for them. That includes following the marketing, anti-spam, privacy and gift laws that apply to you and to each recipient, such as CAN-SPAM, GDPR and Canada's anti-spam law, and making sure you have a lawful basis to contact each person.

7.2 What you may not do

You may not use the Services to:

• send anything unlawful, threatening, harassing, defamatory, discriminatory, deceptive or sexually explicit, or pretend to be someone else;
• research or contact people in their private life instead of their professional role, research anyone under 18, or ask for research into health, religion, politics, sexual orientation or other sensitive information;
• send a gift to a person's home or private address unless they gave it to you or chose it through a gift link;
• send gifts to public officials or government bodies without first checking their gift rules, or offer any gift to win an improper advantage. Gifts must stay of modest value and follow anti-bribery laws such as the US Foreign Corrupt Practices Act and the UK Bribery Act;
• use names, logos, trademarks or images you do not have the right to use;
• resell or share access to the Services, copy them, reverse engineer them, scrape them, or get around usage limits or security; or
• use the Services for anyone, or in any place, that US or other applicable sanctions or export laws prohibit.

Integrations, API and third parties

8.1 Connected services

You can connect Daymaker to other services, such as your CRM, email, LinkedIn, X, meeting notetakers and payment providers. When you do, you allow us to read and act on data in those services as needed to run the features you turn on. Those services are run by other companies under their own terms. You are responsible for following their terms, and we are not responsible for their availability or for changes they make.

8.2 API and MCP

If we give you API keys or access to our MCP server, keep the keys secret, use them only for your own account, and stay within the usage limits we set. We may change or limit the API to protect the Services.

If you receive a gift

9.1 Who sent it

Gifts and gift links come from a Daymaker customer, usually someone who would like to meet you or thank you. The customer chose to send it and is responsible for their message. Daymaker researched and arranged the gift for them.

9.2 You owe nothing

You do not need an account and you pay nothing. You do not have to accept a gift, reply, or meet anyone, and you can decline a gift link or simply ignore it.

9.3 Your details

If you claim a gift, the address and details you give us are used to deliver that gift and as described in our Privacy Policy. You can stop gift emails from Daymaker with the unsubscribe link in any of them. If you would like to know what research we hold about you, or want it deleted, write to contact@daymaker.com.

Data and ownership

10.1 Personal data

We handle personal data as described in our Privacy Policy. You are responsible for having a lawful basis for the people you ask us to research and contact, and for giving them any notice the law requires.

10.2 Your data

You own the data you put into Daymaker. You give us permission to use it, and your company's name and logo, as needed to provide the Services. We may use anonymised and combined data that does not identify you or anyone else to run and improve our services.

10.3 Research and gift picks

You may use the research and gift picks we create for you for your own outreach to the people concerned. You may not publish or resell them.

10.4 Ours

Daymaker, Inc. and its licensors own the Services, the Daymaker name, logo and brand, and the methods, software, designs and materials behind them. These Terms give you a limited right to use the Services, nothing more. If you send us feedback, we may use it freely.

10.5 Naming you as a customer

We may name your company as a customer and show its logo, unless you tell us in writing not to.

Disclaimers

Apart from what these Terms or your order form expressly say, the Services, research, gift picks and gifts are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Services will be uninterrupted or error free.

Limitation of liability

12.1 Losses we do not cover

To the fullest extent the law allows, neither Daymaker nor its suppliers are liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business opportunities, goodwill or data, even if we were told they were possible.

12.2 Our maximum liability

Our total liability for anything connected with the Services is limited to the greater of the fees you paid us in the 12 months before the claim and USD 100. For a single gift, it is limited to the price you paid for that gift.

Your indemnity

You will defend and indemnify Daymaker, its staff and its suppliers against claims, losses and reasonable legal costs brought by a recipient or any other third party that arise from your outreach, the content or instructions you give us, your connected services, or your breach of section 7 or 10.1. We will tell you promptly about such a claim and cooperate with you at your cost.

Suspension and ending

14.1 Ending your use

You can stop using the Services at any time. If you have a subscription, it runs and ends as set out in your order form and the Customer Subscription Terms.

14.2 Suspension by us

We may suspend or end your access, with notice where reasonable, if you break these Terms, do not pay, put recipients, our suppliers or the Services at risk, or if the law requires it.

14.3 What happens after

When access ends, gifts already ordered are delivered and billed as normal, and amounts owed remain due. Sections 4.3, 5, 6, 7, 10 to 13, 16 and 17 continue to apply.

Changes to these Terms

We may update these Terms from time to time. We will post the new version here with a new "last updated" date, and for important changes we will tell account holders by email or in the app before they take effect. If you keep using the Services after a change takes effect, the new Terms apply to you. Changes to the Customer Subscription Terms for an existing subscription follow those terms.

Law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The state and federal courts in Delaware have exclusive jurisdiction over any dispute about them, and each party submits to those courts. Each party waives, to the fullest extent the law allows, any right to a jury trial. Either party may seek urgent injunctive relief in any competent court. If you are a recipient acting as a consumer, you keep any protection the law where you live gives you.

General

These Terms, together with our Privacy Policy and, for subscribers, the Customer Subscription Terms and your order form, are the whole agreement between you and us about the Services. Your own purchase terms do not apply. You may not transfer your rights under these Terms without our written consent; we may transfer ours to an affiliate or as part of a merger or sale of our business. Neither party is liable for delays caused by events outside its reasonable control, but this does not excuse payment. If a part of these Terms cannot be enforced, the rest still applies. If we do not enforce a right straight away, we have not given it up. We may send notices to the email on your account, and you can send them to contact@daymaker.com.