These Terms of Service ("Terms") constitute a legally binding agreement between you ("You", "Your", or "User") and Daysync PTY LTD (ABN: 16 677 972 333), a company registered in Western Australia, Australia, with its registered office at Level 4, 172 St Georges Terrace, Perth 6000, WA, Australia ("Daysync", "Company", "We", "Us", or "Our").

These Terms govern Your access to and use of the Daysync platform, including:

Collectively, these are referred to as the "Service".

By accessing or using the Service, You agree to be bound by these Terms. If You do not agree to these Terms, You must not access or use the Service.

1.1. You must be at least 18 years of age (or the age of legal majority in Your jurisdiction, whichever is greater) to create an account and use the Service.

1.2. If You are using the Service on behalf of an organisation (such as a band, touring company, management company, or venue), You represent and warrant that You have authority to bind that organisation to these Terms, and "You" will refer to that organisation.

1.3. The Service, including Tour Chat, is not directed at individuals under the age of 18. We do not knowingly collect personal data from individuals under 18. If We learn that We have collected data from an individual under 18, We will take steps to suspend the account and delete that data promptly.

2.1. To use certain features of the Service, You must create an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

2.2. You are responsible for maintaining the confidentiality of Your account credentials and for all activity that occurs under Your account. You must notify Us immediately at [email protected] if You suspect any unauthorised access to or use of Your account.

2.3. You may not share, transfer, or assign Your account to another person without Our prior written consent.

2.4. We reserve the right to suspend or terminate accounts that We reasonably believe have been compromised or are being used in violation of these Terms.

3.1. Daysync provides a tour and event management platform that enables Users to manage schedules, travel, accommodation, venues, guest lists, related touring logistics, and to communicate with other authorised members of a tour through the Tour Chat feature ("Service Features").

3.2. We may update, modify, or discontinue any Service Feature at any time, with or without notice. We will make reasonable efforts to notify You of material changes that may affect Your use of the Service.

3.3. The Service may include integrations with third-party services. Your use of third-party integrations is subject to the respective third party's terms and conditions and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party services.

The Service (or certain features thereof) is available on a subscription basis. Details of available plans, features, and pricing are published on Our website and within the application.

All payments are processed by Stripe, Inc. and its affiliates ("Stripe"). By subscribing to a paid plan, You agree to Stripe's terms of service and privacy policy. We accept major credit cards, debit cards, Apple Pay, Google Pay, and other payment methods supported by Stripe and made available through the Service. We do not store Your full payment card details on Our servers.

You will be billed in advance on a recurring basis according to Your chosen billing cycle (monthly or annual). The applicable currency will be determined at the time of purchase and may include Australian Dollars (AUD), US Dollars (USD), Euros (EUR), British Pounds (GBP), or other currencies as made available. All fees are quoted inclusive of GST for Australian customers, and exclusive of any other applicable taxes, duties, or levies unless otherwise stated.

Your subscription will automatically renew at the end of each billing period under the same conditions unless You cancel before the renewal date. We will charge the payment method on file at the then-current subscription rate. By subscribing, You expressly authorise these recurring charges.

We may modify subscription fees at any time. We will provide You with at least 30 days' prior written notice (via email or in-app notification) of any fee increase. The new fees will apply from Your next billing cycle following the notice period. If You do not agree to a fee change, You may cancel Your subscription before the new fees take effect.

You may cancel Your subscription at any time through Your account settings or by contacting Us at [email protected]. Upon cancellation, Your subscription will remain active until the end of Your current paid billing period. You will not receive a prorated refund for any unused portion of the current billing period, except where required by applicable law.

Paid subscription fees are generally non-refundable except where required by applicable law (including, without limitation, Australian Consumer Law, EU consumer protection law, and any applicable statutory cooling-off periods). We may consider refund requests on a case-by-case basis at Our sole discretion.

EU/EEA Consumers: If You are a consumer in the European Union or European Economic Area, You have the right to withdraw from a subscription within 14 days of purchase without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU). To exercise this right, contact Us at [email protected]. If You have actively used the Service during the withdrawal period, We may deduct a proportionate amount for the service provided.

We may offer free trial periods at Our discretion. If You provide billing information during a free trial, You will not be charged until the trial period ends. If You do not cancel before the end of the trial, Your paid subscription will begin automatically.

5.1. You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations.

5.2. You agree NOT to:

5.3. Tour Chat Conduct. In addition to the prohibitions in section 5.2, when using the Tour Chat feature You agree NOT to send, upload, share, post, or attempt to share:

A plain-language summary of these expectations is available in Our Community Guidelines.

5.4. We reserve the right to investigate and take appropriate action against violations, including suspending or terminating Your account, removing content, and reporting illegal activity to law enforcement authorities. Where the violation involves Tour Chat, the procedures in section 7 (Reporting and Moderation) will additionally apply.

You retain all ownership rights in the content, data, and materials that You upload, submit, or make available through the Service ("User Content"). User Content includes, without limitation, chat messages, attachments, voice notes, and other communications You send through Tour Chat. Daysync does not claim ownership of Your User Content.

By uploading or sending User Content through the Service, You grant Daysync a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, modify, store, transmit, and display Your User Content solely for the purpose of operating, maintaining, and providing the Service to You and Your authorised team members, including delivering chat messages and attachments to the participants of the relevant conversation. This licence terminates when You delete Your User Content or close Your account, except where copies are required for backup, legal, moderation, or legitimate business purposes.

Daysync does not use User Content (including chat content) to train artificial intelligence or machine-learning models, whether internally or via any third party.

You represent and warrant that: (a) You own or have the necessary rights and permissions to upload, send, and use Your User Content; (b) Your User Content does not infringe the intellectual property, privacy, or other rights of any third party; and (c) Your User Content complies with these Terms, the Community Guidelines, and all applicable laws.

We reserve the right (but are not obligated) to review, remove, or disable access to any User Content that We determine, in Our reasonable discretion, violates these Terms, the Community Guidelines, or applicable law, or is otherwise objectionable. The procedures specific to Tour Chat content are set out in section 7.

While We perform regular backups, We do not guarantee against data loss. You are responsible for maintaining Your own backup copies of critical User Content.

7.1. Reporting a Message. If You believe that a message, attachment, or other communication in Tour Chat violates these Terms, the Community Guidelines, or applicable law, You may report it to Us using the in-product reporting tool. A report should include the message in question and any context that will help Us assess it.

7.2. Who Receives Reports. Reports are sent to Daysync's moderation team and to the org administrators of the tour in which the reported message was sent. Reports are not anonymous to the org administrators of that tour. By submitting a report, You acknowledge that Your identity as the reporter, the reported message, any attachments, and surrounding context will be shared with those parties for the purpose of reviewing and actioning the report.

7.3. Our Review. Daysync's moderation team reviews reports in batches and prioritises matters that appear to involve serious harm or illegal content. We do not commit to a specific response time, but We will use reasonable efforts to act on urgent matters promptly.

7.4. Action We May Take. Where We determine, in Our reasonable judgement, that content or conduct violates these Terms, the Community Guidelines, or applicable law, We may take any of the following actions:

7.5. Statement of Reasons. Where We remove content or restrict an account in connection with a report, We will provide the affected user with a notice that includes: a description of the action taken; the rule, term, or law We considered to have been breached; the facts We relied upon; and instructions on how to appeal.

7.6. Appeals. You may appeal an action by replying to the notice email We send, or by contacting Us at [email protected], within 30 days of the notice. We will review the appeal and notify You of the outcome. The decision on an appeal is final, subject to any rights You may have under applicable law.

7.7. Repeat Infringers. We may, after providing prior warning, suspend or terminate accounts that We determine have repeatedly provided content that breaches these Terms, the Community Guidelines, or applicable law.

7.8. Preservation of Evidence. Reported content (including the message, any attachments, sender and reporter identifiers, and surrounding context) is preserved separately from the live chat history, even where the original sender subsequently deletes the message, for the time necessary to investigate and action the matter and to satisfy any applicable legal hold.

7.9. No Obligation to Monitor. Daysync is not under a general obligation to monitor content sent through Tour Chat. Our efforts to enforce these Terms in response to reports do not constitute an undertaking to monitor or to detect all violations.

8.1. Org Administrators. Each tour on Daysync is associated with one or more org administrators who manage the tour. Org administrators have the additional powers described in this section.

8.2. Channels. Org administrators may create public and private channels within a tour, add or remove members of those channels, and delete messages in channels they manage.

8.3. Visibility. Messages in the tour-wide chat and in public channels are visible to all members of the tour. Messages in private channels, user-created group chats, and direct messages are visible only to the participants of that conversation. Org administrators cannot read messages in direct messages or in private channels they are not a member of.

8.4. Reports. Org administrators receive notifications of reports submitted in relation to messages sent in their tour, as set out in section 7.2.

8.5. Removing Members. Org administrators may remove members from a tour. A user who is removed from a tour retains read-only access to the messages they previously sent or were part of, but loses the ability to send new messages in that tour.

8.6. Admin Responsibilities. Daysync's role as the platform operator does not extend to oversight of internal organisation governance. Org administrators are responsible for the lawful and reasonable exercise of their powers within the tour and for the conduct of the members they invite. Org administrators must comply with these Terms and the Community Guidelines when exercising those powers.

9.1. The Service and all of its original content (excluding User Content), features, functionality, software, designs, trademarks, service marks, logos, and trade names are and shall remain the exclusive property of Daysync and its licensors.

9.2. The Service is protected by copyright, trademark, and other intellectual property laws of Australia and foreign jurisdictions.

9.3. You may not use Our trademarks, logos, or trade names without Our prior written consent.

9.4. All feedback, suggestions, ideas, or enhancement requests that You provide to Us regarding the Service ("Feedback") shall be Our exclusive property. You hereby assign to Us all rights, title, and interest in such Feedback. Where such assignment is not permitted by law, You grant Us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate such Feedback without restriction.

10.1. We respect the intellectual property rights of others. If You believe that content on the Service infringes Your copyright, You may submit a notice to Our designated copyright agent at [email protected].

10.2. A valid copyright infringement notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Service; (c) Your contact information; (d) a statement of good faith belief that the use is not authorised; (e) a statement under penalty of perjury that the information is accurate and that You are the copyright owner or authorised to act on their behalf; and (f) Your physical or electronic signature.

10.3. We comply with the Digital Millennium Copyright Act (DMCA) for notices originating from the United States, and with equivalent provisions under the Australian Copyright Act 1968 and the EU Copyright Directive (2019/790) as applicable.

11.1. The Service may contain links to third-party websites, applications, or services not owned or controlled by Daysync.

11.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

11.3. You acknowledge and agree that Daysync shall not be liable for any damage or loss caused by or in connection with Your use of any third-party services.

11.4. Google reCAPTCHA: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We use reCAPTCHA to protect the Service from automated abuse and spam. reCAPTCHA collects hardware and software information, such as device and application data, and sends it to Google for analysis. This information is used to provide, maintain, and improve the reCAPTCHA service and for general security purposes.

12.1. By You: You may terminate Your account at any time by using the account deletion feature within the Service or by contacting Us at [email protected]. Cancellation of a paid subscription does not automatically delete Your account.

12.2. By Us: We may suspend or terminate Your access to the Service immediately, without prior notice, if We reasonably believe You have breached these Terms. We may also terminate the Service or any part thereof at any time with 30 days' notice.

12.3. Effect of Termination: Upon termination, Your right to use the Service will cease immediately. We may delete Your account data in accordance with Our Privacy Policy and applicable data retention obligations. Messages You sent through Tour Chat may remain visible in the conversations they were part of, attributed to "Deleted User", as described in Our Privacy Policy. Sections of these Terms that by their nature should survive termination (including, without limitation, intellectual property, limitation of liability, indemnification, and governing law) shall survive.

12.4. Data Export: Upon request made before or within 30 days after termination, We will make Your User Content available for export in a commonly used, machine-readable format, to the extent technically feasible.

13.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAYSYNC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.3. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components.

13.4. Tour Chat. Tour Chat is provided to facilitate communication between authorised members of a tour. We do not generally monitor the content of communications and do not endorse, verify, or guarantee the accuracy, lawfulness, or appropriateness of any User Content sent through Tour Chat. You are responsible for evaluating any User Content You receive and for Your interactions with other users.

13.5. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that You may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any equivalent consumer protection law in Your jurisdiction that cannot be excluded or limited by law.

14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAYSYNC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

14.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAYSYNC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO DAYSYNC IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).

14.3. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY UNDER AUSTRALIAN CONSUMER LAW OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

You agree to indemnify, defend, and hold harmless Daysync and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) Your use of the Service; (b) Your User Content; (c) Your violation of these Terms; or (d) Your violation of any applicable law or third-party rights. This indemnification obligation shall not apply to the extent that the claim arises from Daysync's own negligence or wilful misconduct.

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia, without regard to conflict of law principles.

Before initiating any formal dispute resolution, You agree to first attempt to resolve any dispute informally by contacting Us at [email protected]. We will attempt to resolve the dispute within 30 days.

If a dispute cannot be resolved informally, each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.

If You are a consumer residing in the EU/EEA, You may also bring proceedings in the courts of Your country of residence. Nothing in these Terms affects Your rights as a consumer under the mandatory consumer protection laws of Your country of residence. EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

If You are a consumer residing in the United Kingdom, You may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland, depending on where You reside. Nothing in these Terms affects Your statutory rights under UK consumer law.

17.1. The Service is operated from Australia. If You access the Service from outside Australia, You do so at Your own risk and are responsible for compliance with applicable local laws.

17.2. You represent and warrant that: (a) You are not located in a country subject to a government embargo or designated as a "terrorist-supporting" country; and (b) You are not listed on any government list of prohibited or restricted parties.

17.3. We make no representation that the Service is appropriate or available for use in all locations. We may restrict access to the Service from certain countries at Our discretion.

18.1. Our collection, use, and disclosure of Your personal data, including data processed through Tour Chat, is governed by Our Privacy Policy, which is incorporated into these Terms by reference.

18.2. Our use of cookies and similar tracking technologies across daysync.com, app.daysync.com, help.daysync.com, and feedback.daysync.com is described in Our Cookie Policy.

18.3. By using the Service, You acknowledge that You have read and understood Our Privacy Policy and Cookie Policy.

19.1. By creating an account, You consent to receive electronic communications from Us, including account notifications, billing information, service updates, transactional emails, and moderation notices.

19.2. By continuing to use the Service, You agree to receive calls, WhatsApp, SMS, and RCS messages (including via automated systems) from Daysync and its affiliates to the number You provided. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

19.3. You may opt out of promotional or marketing communications at any time using the unsubscribe link in those emails or through Your account settings. You may not opt out of essential service-related communications while You maintain an active account.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

The failure of Daysync to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Daysync to be effective.

These Terms, together with the Privacy Policy, Cookie Policy, and Community Guidelines, constitute the entire agreement between You and Daysync regarding the Service and supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written.

You may not assign or transfer these Terms or Your rights hereunder without Our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Daysync shall not be liable for any failure or delay in performance resulting from causes beyond Our reasonable control, including natural disasters, pandemics, war, terrorism, government actions, power failures, internet disruptions, or other force majeure events.

25.1. We reserve the right to update or modify these Terms at any time. We will notify You of material changes by posting the updated Terms on the Service and updating the "Last Updated" date, and by sending an email to the address associated with Your account at least 30 days before the changes take effect.

25.2. Your continued use of the Service after the effective date of the updated Terms constitutes Your acceptance of the revised Terms. If You do not agree to the updated Terms, You must discontinue use of the Service.

If You have any questions about these Terms, please contact Us: