Effective Date: April 9, 2025

Welcome to Day Counter (the "Service"), accessible via https://getdaycounter.com and our Chrome Extension (collectively, the "Platforms"). These Terms of Use ("Terms") govern your access to and use of the Platforms, operated by Sidewave Digital Inc. ("Company", "we", "our", or "us").

By accessing or using the Platforms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use the Platforms.

1. Use of the Platforms

You may use the Platforms for lawful personal or business purposes, provided you do not:

• Violate any applicable law or regulation.
• Attempt to interfere with the functionality or security of the Platforms.
• Use automated scripts or tools (bots, crawlers, scrapers) to extract data or otherwise disrupt our services.
• Repurpose, resell, or exploit any part of the Service without express written permission.

You are responsible for all activities that occur under your use of the Service.

2. Account Registration and Security

To access certain features, you may need to create an account. You agree to:

• Provide accurate and complete registration info.
• Keep your credentials secure and notify us of unauthorized use.
• Notify us immediately of any unauthorized use of your account.

We are not liable for any loss or damage resulting from your failure to protect your credentials.

3. Paid Features and Subscriptions

Certain features may require a paid subscription. By subscribing, you agree to:

• Pay the applicable fees and charges.
• Maintain accurate payment information.
• Authorize us to charge your payment method on a recurring basis.

30-Day Money Back Guarantee: You may request a refund within 30 days of your initial purchase by contacting us at daycounter[at]sidewavedigital.com. Refunds are granted in good faith and at our discretion.

4. Privacy and Communication

We use Plausible Analytics, a privacy-first, open-source analytics platform that does not use cookies or collect personal data.

By signing up, you agree to receive product-related emails (like feature updates, service notices, and helpful tips). You can opt out of non-essential messages at any time via the unsubscribe link in the emails or by contacting us at daycounter[at]sidewavedigital.com.

5. Intellectual Property

All content on the Platforms—such as branding, code, design, and text—is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, or create derivative works from our content without our prior written consent.

6. User-Generated Content

If you use the Service to create, save, or share custom content (e.g. background images, counters, etc), you:

• Represent that you own or have the necessary rights to such content.
• Grant us a limited license to display and store your content in connection with providing the Service to you.

You agree not to post or transmit content that is illegal, harmful, defamatory, or otherwise objectionable. We reserve the right to remove content or disable access to it at our discretion. You are responsible for the content you post.

7. Third-Party Links and Services

We may link to third-party sites or services. We're not responsible for their content or practices. Use at your own risk.

8. Disclaimer of Warranties

The Platforms are provided "as is" and "as available." We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee the Platforms will be uninterrupted or error-free.

9. Limitation of Liability

To the fullest extent allowed by law, we are not liable for indirect, incidental, special, consequential, or punitive damages (e.g., loss of data or revenue). Our total liability will not exceed the amount you've paid us in the past 6 months.

10. Indemnification

You agree to indemnify and hold harmless the Company from claims, losses, damages, liabilities, and expenses (including attorney fees) arising from your use of the Platforms, your violation of these Terms, or your infringement of others' rights.

11. Termination

We may suspend or terminate your access to the Platforms at any time, for any reason, with or without notice. This includes accounts that violate these Terms or misuse the service.

Upon termination, your right to use the Service will immediately cease. Sections intended to survive termination will continue in effect, including ownership, warranty disclaimers, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Ontario, Canada. Disputes will be resolved in the courts of Ontario, Canada or through binding arbitration where applicable.

13. Modifications

We may update these Terms at any time. We'll notify you of material changes. Continued use after changes means you accept the new Terms.

14. Contact Us

For any questions, feedback, or legal inquiries, contact us at: daycounter[at]sidewavedigital.com