By using the Daya application ("Daya"), the User agrees to these Terms of Use of the Daya Application ("Terms of Use"), the Privacy Policy, and other policies that may be enforced from time to time.

1. Desription

Daya is a platform powered by artificial intelligence (AI) designed to optimize sales and operations through the management, analysis, and enhancement of communication and collaboration. Daya further assists in identifying opportunities to efficiently drive revenue growth. The platform’s features include seamless integration with communication tools such as WhatsApp, AI-driven automatic note-taking for summarizing meeting content, video and audio communication, as well as AI-based video analytics and insights aimed at improving team performance.

2. User Terms

1. General Terms

To use Daya, the User is subject to the following terms:

1. The User must be at least 17 years of age, as stipulated in Article 40 of Law No. 27 of 2022 on Personal Data Protection, and must have full legal capacity to take legal action related to the use of Daya's services.
2. The User is obligated to provide accurate, complete, and truthful information when registering and using the services. The User agrees to promptly update their information in the event of any changes. Daya reserves the right to refuse or terminate services for Users who provide false or misleading information.
3. The User must agree to the Terms and Conditions, including the privacy policy and applicable User Terms of Service of Daya.
4. The User must not be legally prohibited from using digital services under the applicable laws of Indonesia or the jurisdiction in which the User resides.

2. Registration Terms

During registration, several aspects must be considered, whether registering as a personal account or being invited by an organization to use Daya, as follows: 

1. Users may create a personal account for private use or access certain services such as Daya Meetings after registration. Users may upload, manage, or delete their content and data in compliance with applicable laws and these terms.
2. If invited by a "Customer" (an organization or employer), the User will become part of their Daya. The Customer controls the User's access as well as the data shared, stored, or created within their Daya.
3. When interacting with the Customer's Daya, the Customer retains ownership of all data shared within their Daya. The Customer has full control, including managing permissions, accessing data, reviewing or editing content, and enabling third-party integrations.
4. If the User creates a Daya and invites others, the User will transition from being an Individual User or Authorized User to a Customer, and the User will be subject to the Customer Terms of Service.
5. If the User utilizes a Customer's Daya as an employee or contractor, the User acknowledges that such use is intended for professional purposes, and consumer protection laws may not apply to this specific use of the platform.

3. User Rights and Responsibilities

1. The User has the right to access Daya services according to the selected package, subject to the applicable terms.
2. The User has the right to contact Daya's support team for assistance regarding service usage, technical issue resolution, or other complaints.
3. The User has the right to protection of their personal data in accordance with applicable regulations, including the right to access, correct, or delete data stored by Daya, following the applicable procedures as further outlined in the Privacy Policy.
4. The User has the right to terminate the use of Daya by providing no less than 30 (thirty) days' notice to Daya, accompanied by clear reasons for the termination.
5. The User is required to periodically review service updates and the User Terms. By continuing to use the service after updates, the User is deemed to have agreed to the changes made.
6. The User is obligated to comply with all applicable terms, conditions, and policies when using Daya, including not using the service for unlawful purposes.
7. The User is required to provide accurate, truthful, and up-to-date information during registration and to update such information if there are changes over time.
8. The User must ensure the security and confidentiality of account information, including passwords, and is fully responsible for all activities that occur under the User's account.
9. The User must use the Daya application in a lawful manner and must not misuse Daya to harm others, such as by engaging in fraud, intellectual property infringement, or the dissemination of prohibited content.
10. The User must comply with all applicable laws and regulations in using Daya, including but not limited to those regarding personal data protection, intellectual property rights, privacy policies, and regulations related to electronic information and transactions.
11. The User is fully responsible for decisions made based on insights generated by AI, and in this respect, Daya is not liable for the accuracy or completeness of the insights provided.
12. The User is prohibited from using software or other technologies that may interfere with, damage, or manipulate Daya's systems and services.
13. The User is required to report any suspicious activities or suspected security breaches or account misuse to Daya immediately.
14. The User is obligated to indemnify Daya against any form of loss suffered by third parties, whether directly or indirectly, as a result of actions taken by the User while using Daya.
15. The User is prohibited from selling, transferring, or assigning the rights to use their account or services to others without Daya's written consent.

4. Daya Rights and Obligations

1. Daya reserves the right to temporarily suspend services or access to the application, whether for scheduled or emergency maintenance, or for updates to the application's features and systems, with or without prior notice to the User.
2. Daya reserves the right to assign or transfer its rights and obligations under these User Terms to a third party, including but not limited to mergers, acquisitions, or asset sales, while ensuring that all User rights remain respected by the third party receiving such transfer.
3. Daya reserves the right to collect, process, and use data generated from the User's use of the services in accordance with the Privacy Policy and applicable laws, including the Personal Data Protection Act. Data collection is used to provide better services, analytics, and AI-based insights.
4. Daya reserves the right to set subscription fees or additional charges for certain premium features. Users utilizing paid features are required to comply with the applicable payment terms.
5. Daya reserves the right to implement a Fair Use Policy to ensure equitable and non-excessive use of the services. If any unfair usage is detected that affects the performance of the application or services, Daya reserves the right to limit or terminate the User's access.
6. Daya reserves the right to modify or update these User Terms at any time with notice to the User. Changes will become effective upon such notice or when the User continues to use the services after the changes have been implemented without prior notification.
7. Daya is obligated to provide services in a secure manner and in accordance with the service descriptions provided. Daya is committed to ensuring the services are consistently accessible and will implement adequate security measures to protect User data.
8. Daya is required to comply with all applicable laws and regulations, including those relating to personal data protection and other relevant legal provisions, except where required by authorities for law enforcement purposes.
9. Daya is required to provide technical support to Users. Users may contact Daya's customer service in the event of technical issues or if assistance is needed in using the services.
10. Daya is obligated to ensure the continuity and availability of services, including regularly updating the application, fixing bugs, and maintaining service stability to ensure uninterrupted access for Users.

5. Service Usage Policy by the Company

1. If Daya services are used on behalf of a company or organization, that company or organization assumes full responsibility for all activities occurring under the associated account. Any actions, including use by employees, agents, or other parties representing the company or organization, will be deemed actions of that company or organization.
2. The company or organization is required to ensure that every employee, agent, or other party using Daya services on behalf of the company or organization complies with all applicable User Terms and Daya's Privacy Policy.
3. The company or organization must comply with all applicable laws and regulations, including but not limited to those relating to data protection, information security, and intellectual property rights.
4. Any violations, misuse, or non-compliance by individuals acting on behalf of the company or organization will be the full responsibility of the company or organization. Daya reserves the right to take appropriate action against the company's or organization's account, including but not limited to restricting access or terminating services in the event of a violation.

6. Payment and Fees 

1. Certain features of Daya require a paid subscription or one-time payment.
2. By subscribing to a paid plan, the User agrees to pay the applicable fees and for the applicable term.
3. The plan selected by the User cannot be canceled, changed, or refunded once payment has been made. If the User wishes to terminate Daya features, they must notify Daya no later than 7 (seven) days before the subscription period ends, and the subscription will remain active until the end of the subscription period.
4. The User must inform Daya no later than 30 (thirty) days before the due date if there are any changes to their identity or payment method. Failure to update this information may result in service access interruptions for the User.
5. If the User fails to make payments according to the agreed-upon terms, the User's account may be temporarily or permanently suspended in cases of repeated violations regarding payment obligations, as determined by Daya.
6. All subscription fees or other charges do not include applicable taxes, and the User is responsible for paying any relevant taxes or additional charges.

7. Intellectual Property Rights 

1. All intellectual property rights related to the Daya application, including but not limited to software, artificial intelligence (AI) technology, logos, designs, and other content, are the exclusive property of Daya or its official licensors. These rights are protected by applicable copyright laws, trademark laws, and other intellectual property regulations.
2. Users have no right to copy, modify, distribute, reproduce, exploit, or use the protected content, software, or technology without written permission from Daya. Any attempt to claim ownership of these elements or incorporate them as part of their own brand, without written approval, constitutes a legal violation.
3. Users are required to report to Daya any suspected or known infringement of intellectual property rights, whether by themselves or third parties, to safeguard Daya's legal interests.
4. Users are strictly prohibited from copying, altering, or distributing reports, products, or other elements received through the Daya application that are protected by intellectual property rights, without Daya's written consent. Any violation of this provision will be considered an illegal act in breach of intellectual property laws.
5. If the User violates these terms, Daya reserves the right to:
   1. Suspend or terminate the User’s access to their account and Daya services.
   2. Impose financial penalties as compensation for damages incurred by Daya as a result of the violation.
   3. Take legal action in accordance with applicable laws and regulations, including but not limited to civil or criminal proceedings.

8. Limitation of Liability for Daya

1. Daya shall not be held liable for the accuracy or completeness of information, reports, or analytical results generated by Daya's AI services. The User assumes full responsibility for any decisions made based on the information or reports provided by Daya.
2. Daya shall not be liable for any losses resulting from service failures, delays, or interruptions caused by factors beyond Daya's control, including but not limited to internet network disruptions, server failures, or errors by third parties involved in the provision of services.
3. Daya shall not be liable for any losses or negative impacts arising from the misuse or unauthorized use of the services by third parties who gain access to the User’s account without authorization.
4. Daya shall not be responsible for any losses arising from changes, temporary suspension, or permanent termination of services, features, or the Daya application carried out for service development or for other technical reasons.
5. Daya shall not be liable for any legal violations committed by the User in the course of using the services, including but not limited to the use of the services in violation of intellectual property rights, privacy laws, or any other applicable laws in the User's jurisdiction.

9. Termination of Daya

1. The use of Daya will automatically terminate if the User fails to renew the service in accordance with the selected subscription plan. The service will end following the applicable term of the subscription plan agreed upon by the User.
2. Daya reserves the right to unilaterally terminate the service before the expiration of the User's chosen term in the event of a violation of the User Terms. Such violations may include, but are not limited to:
   1. The User's failure to meet payment obligations according to the agreed terms.
   2. Violations of Daya's intellectual property rights, including unauthorized use, copying, or modification of protected content.
   3. Other violations that are inconsistent with the User Terms or other policies set forth by Daya.
3. If Daya unilaterally terminates the service as referred to in Article 9, paragraph (2) of the User Terms, the User will not be entitled to a refund of any fees paid. Exceptions apply only if required by law or stipulated in Daya's applicable refund policy.
4. Upon termination of Daya's services, whether automatic or unilateral, the User is required to:
   1. Maintain the confidentiality of any information obtained while using Daya's services. Such confidential information may only be used for lawful purposes that do not infringe on intellectual property rights as set forth in these User Terms.
   2. Immediately cease using all services, features, and materials obtained through the Daya application following termination.
   3. Daya reserves the right to delete or deactivate all data and materials associated with the User's account after termination, unless required by law to retain them or as otherwise stipulated in Daya's privacy policy.
5. Following the termination of the service, the User remains bound by the provisions regarding intellectual property rights set forth in these User Terms, including but not limited to:
   1. The User is prohibited from copying, modifying, distributing, or using any materials protected by Daya's intellectual property rights, such as software, logos, AI technology, and other content, after the termination of the service.
   2. The User is required to respect and refrain from violating Daya's intellectual property rights, both during and after the use of the services, in accordance with applicable laws.
   3. Any violations of Daya's intellectual property rights following the termination of the service will be subject to appropriate legal action, including civil or criminal prosecution, as provided under applicable laws.

10. Governing Law 

1. Any dispute, claim, or disagreement arising in connection with the use of Daya or these User Terms shall first be resolved through amicable negotiation between the parties within 30 (thirty) days from the date one party provides written notice of the dispute to the other party.
2. If the dispute cannot be resolved through negotiation, the Parties hereby agree that the dispute shall be settled through the Indonesian National Arbitration Board (BANI), in accordance with the applicable regulations of Indonesia. The arbitration decision rendered by BANI shall be final and binding on the Parties.
3. These User Terms, as well as any dispute or conflict related thereto, shall be governed by and construed in accordance with the laws of the Republic of Indonesia.
4. The arbitration proceedings shall take place in Jakarta, Indonesia, unless otherwise agreed by the Parties.
5. The arbitration shall be conducted in the Indonesian language, unless otherwise agreed by the Parties.
6. The Parties agree that, notwithstanding the arbitration process, nothing shall limit either party's right to seek interim relief or other appropriate actions in court, if necessary, to protect intellectual property rights or confidential information.
7. The costs arising from the arbitration process shall be borne proportionally by the Parties, unless otherwise determined by the Indonesian National Arbitration Board (BANI) as part of the arbitration decision.

11. Severability

If any provision of these User Terms is declared invalid, unenforceable, or void by a court or competent authority of any jurisdiction, such provision shall be deemed severable from these User Terms. The invalidity or unenforceability of that provision shall not affect the validity, enforceability, or continuation of the remaining provisions, which shall remain in full force and effect.

12. Contact

If the User has any questions, complaints, or requires further clarification regarding these User Terms or how Daya manages the User's personal data, the User may contact the Daya team through one of the following channels:

1. Email: support@daya.ai
2. Phone: +62 87702142016
3. Contact Form:
   Users can also contact Daya by filling out the contact form available on the contact page of the Daya platform. Daya will make every effort to respond to User inquiries within a reasonable time.

By using the Daya application and providing consent via the checkbox, Users acknowledge that they have read, understood, and agreed to all the clauses set forth in this Privacy Policy, including any future changes that may be made. Users also agree that continued use of Daya’s services after changes to the Privacy Policy are considered acceptance of such changes.