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Terms of Use

Last Updated: March 28, 2026

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By accessing or using our website and software at https://dayspark.com/ you agree to comply with and be bound by the following terms and conditions of use. Please read these terms carefully before using DaySpark software.

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1. Acceptance of Terms

By using DaySpark software, you acknowledge that you have read, understood, and agree to be bound by these terms of use. If you do not agree with any part of these terms, please do not use our software.

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2. Use of Software

You may use DaySpark software solely for your personal or business purposes in accordance with these terms. You may not use the software for any illegal or unauthorized purpose.

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3. Prohibited Use

You must not engage in any of the following prohibited activities while using DaySpark software:

  1. Violating any applicable laws or regulations.
  2. Interfering with or disrupting the operation of DaySpark software.
  3. Harassing, abusing, or harming another user.
  4. Uploading or transmitting viruses or other malicious code.
  5. Attempting to gain unauthorized access to DaySpark software or its related systems or networks.
  6. Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
  7. Collecting or harvesting any information from DaySpark software.

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4. Fee Changes

DaySpark will provide reasonable advance notice of any changes to its fees for using the software. Changes to fees will be effective immediately upon posting the updated fees on the DaySpark website or within the software. If you have any questions or concerns about fee changes, please don't hesitate to contact us.

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5. Refunds

DaySpark may, at its sole discretion, consider providing refunds on a case-by-case basis. Any decision to grant a refund will be made by DaySpark and is subject to review and approval.

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6. Fees and Billing

DaySpark provides the Services for the fees and other charges set forth on the Website at https://dayspark.com/pricing or other location on the Website. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges ("Sales Taxes") imposed on the provision of the Services and all such Sales Taxes shall be borne solely by and paid by you to DaySpark and deemed to be in addition to the fees charged in connection with the Services. Where applicable, you shall be responsible for all Sales Taxes and DaySpark reserves the right to collect Sales Taxes retroactively.

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We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for the Services not previously charged for) on notice as provided herein. you acknowledge that it is your responsibility to ensure payment is made in advance for all paid aspects of the Services, and to ensure that your credit or debit cards or other payment instruments accepted by DaySpark and/or its processor, including Stripe, continue to be valid and sufficient for such purposes.

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We may suspend or terminate your use of the Services and your Account's use of the Services in the event of any payment delinquency. Other services are available from DaySpark and the agreement with respect to those services and fees due to DaySpark incorporate by reference this Agreement as well as any specific terms and conditions presented to you.

you will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to DaySpark shall have been earned by DaySpark as of the date of payment. You will not be entitled to any refund or credits for the partial use of the Services at any time.

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7. Modification of Service

DaySpark reserves the right, upon providing notice to you (via email, through posting on the DaySpark website or through any other reasonable means), to add, modify, discontinue or eliminate aspect(s), features or functionality of the Services from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.

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8. Payment and Billing Services

In order to use payment processing services and the billing services ("Stripe Payment Processing Services"), you must agree to the Stripe Connected Account Agreement and any other applicable Stripe agreement (incorporated herein by reference) that is available to you when the Account is created for the Services and afterward through the Services. No transactions will occur in your Account until you click to agree to the Stripe Services Agreement or the Stripe Connected Account Agreement (as applicable). In addition to other terms and conditions herein as it relates to your customers' payments to you, you hereby agree that:

  • DaySpark may conduct certain activities related to the Stripe Payment Processing Services such as communication of information about transactions and refunds, Stripe account balance adjustments, the handling of disputes (including chargebacks), as well as other features as described in the Stripe documentation.
  • Certain use, recurring, or application fees may be charged to you for your use of the Stripe Payment Processing Services.
  • You will comply with all terms and conditions of your Stripe Connected Account Agreement and not violate such agreement including processing payments from the Prohibited Business List provided in the Stripe Connected Account Agreement.
  • Stripe may suspend or terminate the provision of Stripe Payment Processing Services in accordance with the terms of the Stripe Connected Account Agreement.
  • DaySpark may use and may share with Stripe, and Stripe may use and share with DaySpark, all Transaction Data, Payment Data, data about your Account, your activity on your Stripe accounts, and transactions. In addition, you hereby grant permission to DaySpark to work with and interact with Stripe, in order to copy your Transaction Data, Payment Data, and other User Data from your Account to the Services and your related Stripe account, for the benefit of facilitating or improving use or interoperability of the Stripe credit card processing services with the Services. As a condition of DaySpark enabling payment processing services through Stripe Payment Processing Services, you must provide DaySpark accurate and complete information about you and your business.
  • You agree that in the event that DaySpark, or Stripe (or other payment processor) is required under applicable law to obtain your consent in order to send you tax forms, tax notices or tax returns (including informational returns such as 1099s) by e-mail or other electronic format, that you hereby provide your consent to DaySpark, or Stripe (or other payment processor), as applicable, to send you such notices, forms and returns by e-mail or other electronic format.
  • You agree to only enter Payment Data into designated payment fields within the app and not to enter any Payment Data into notes fields or any other non-payment related areas of the app.
  • "Stripe" is a registered trademark of Stripe, Inc.
  • Where your customers pay for your services through the Services, in addition to the terms of the Stripe Connected Account Agreement, the following applies:
  • We reserve the right to cause Stripe to hold back funds received in your Stripe account for up to 45 business days prior to making the funds available to you.
  • You authorize that outstanding sums due and owing as a result of chargebacks, ACH rejects or reversals, disputes, over-payments, payment errors, and invalidated payments and other refunds or credits (each and collectively "Chargeback(s)"), may be automatically debited from your deposit accounts for such purpose on a daily basis and that non-sufficient funds for these debits, or blocking or otherwise rendering inaccessible any such deposit accounts, are grounds for an increase in fees, suspension of the Services or termination of this Agreement. In the event of any such occurrence leading to non-payment of any sums due for Chargebacks or otherwise, DaySpark reserves the right to withdraw such sums from your accounts, offset or net settle these sums (i.e., deduct funds owed from disbursements to you), against future deposits, or withhold future deposits until such sums are paid in full, at any time to ensure payment of the same. The foregoing rights survive termination of this Agreement.
  • In the event of a Chargeback, you will be responsible to refund (or allow DaySpark to chargeback from you) the fee imposed on DaySpark by the payment processor.
  • DaySpark reserves the right to suspend your Stripe account in the event of excessive disputes or chargebacks.
  • DaySpark reserves the right to withhold payment to you of the funds in your Stripe account to review for suspicious or fraudulent activity and to prevent payouts during the review period.
  • DaySpark reserves the right to withhold payment to you of the funds in your Stripe account when a lien or levy has been placed on your Account and to prevent payouts until the lien or levy is resolved.
  • DaySpark reserves the right to refund transactions that have been classified as fraudulent after investigation.
  • DaySpark reserves the right to deny online payment processing for any reason, including for fraud or other suspicious activity.
  • You will ensure that no payments are processed in any country sanctioned by the U.S. Office of Foreign Assets Control (OFAC), which list may be updated by OFAC from time to time.

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9. Intellectual Property

All content included in DaySpark software, including but not limited to text, graphics, logos, images, and software, is the property of DaySpark or its licensors and is protected by copyright and other laws.

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10. License Grant

DaySpark grants you a limited, non-exclusive, revocable license to access and use our software for your business purposes. This license does not permit resale or commercial use of the software.

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11. User Content

You may be able to submit content, such as reviews or comments, to DaySpark software. By submitting content, you grant DaySpark a perpetual, irrevocable, worldwide, royalty-free license to use, modify, adapt, publish, and distribute your content.

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12. Privacy

Your use of DaySpark software is subject to our Privacy Policy, which outlines how we collect, use, and disclose your personal information. By using our software, you consent to the collection and use of your information as described in our Privacy Policy.

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13. Disclaimer of Warranties

DaySpark software is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the software will be uninterrupted or error-free, or that defects will be corrected.

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14. Limitation of Liability

In no event shall DaySpark or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of DaySpark software.

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15. Governing Law

These terms of use shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

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16. Changes to Terms

DaySpark reserves the right to update or modify these terms of use at any time without prior notice. Your continued use of the software after any such changes constitutes your acceptance of the new terms.

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17. Contact Us

If you have any questions about these terms of use, please contact us at