Website Terms and Conditions

Welcome to sameday.ai, gosameday.com, choosesameday.com (together with any subdomains and related pages, the "Website"). These Website Terms of Use (the "Terms") are a binding legal agreement between you ("you" or "User") and Sameday AI Inc., a Delaware corporation ("Sameday," "we," "us," or "our") governing your access to and use of the Website.

Please read these terms carefully. By accessing or using the website, clicking any button indicating acceptance, submitting information through any form on the website (including any demo request or "get a demo" form), or otherwise interacting with the website, you agree to be bound by these terms and our privacy policy. If you do not agree, do not access or use the website.

Section 16 (governing law; dispute resolution) contains a binding arbitration provision and a class action waiver. These affect your legal rights and require you to resolve disputes on an individual basis through arbitration instead of in court. Please read that section carefully.

1. Acceptance of Terms
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These Terms apply to all visitors, users, and others who access the Website. By accessing or using the Website, you represent and warrant that (a) you have the legal capacity to enter into these Terms, (b) you are at least 18 years of age, and (c) if you are accessing or using the Website on behalf of an entity, you are authorized to bind that entity to these Terms, in which case "you" and "User" refer to that entity.

2. Relationship to Other Agreements
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The Website is an informational and marketing property. The Sameday products and services (the "Services") are made available only under a separate written or click-through agreement with Sameday, including Sameday's Enterprise Terms and Conditions (the "Customer Agreement"). If you are a customer of the Services, the Customer Agreement (including any applicable order form, statement of work, or data processing addendum) governs your use of the Services and, in the event of any conflict between these Terms and the Customer Agreement with respect to the Services, the Customer Agreement controls. These Terms continue to govern your use of the Website itself.

3. Modifications to the Terms and the Website
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We may update these Terms at any time, in our sole discretion, by posting a revised version on the Website and updating the "Last Updated" date above. Material changes will be effective upon posting. Your continued access to or use of the Website after any such change constitutes your acceptance of the revised Terms. We may also modify, suspend, or discontinue all or any portion of the Website at any time, with or without notice, and we will have no liability to you or any third party for doing so.

4. Eligibility
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The Website is intended for business users located in the United States. You may not access or use the Website if you are (a) a minor, (b) located in a jurisdiction where such access is prohibited, or (c) on any U.S. government list of prohibited or restricted parties. We reserve the right to refuse access to the Website to any person for any reason.

5. Contact Forms, Demo Requests, and Communications Consent
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The Website includes forms that allow you to submit information to Sameday, including demo request forms, "Get a Demo" buttons, contact forms, newsletter sign-ups, and similar forms (collectively, "Contact Forms"). When you submit a Contact Form, you represent and warrant that all information you submit is truthful, accurate, and complete, and that you are authorized to submit any phone number, email address, or other contact information that you provide.

(a) Consent to Be Contacted. By submitting a Contact Form or otherwise providing your contact information to Sameday through the Website, you expressly consent to be contacted by Sameday and its authorized representatives at the phone number(s), email address(es), and other contact information you provide, for the purposes of responding to your inquiry, scheduling or conducting a demo, providing information about Sameday's products and services, and other business-related communications. This consent applies even if the phone number you provide is listed on any federal or state Do-Not-Call registry.

(b) Calls and Text Messages; AI-Generated Communications. You agree that Sameday may contact you by telephone call, voicemail, SMS or MMS text message, email, or other means, at the contact information you provide. You acknowledge and agree that some or all of these communications may be made using an automatic telephone dialing system, an artificial or prerecorded voice, or an AI-generated voice agent (including Sameday's own AI voice technology), and you expressly consent to receiving such communications. Standard message and data rates from your wireless carrier may apply. Your consent is not a condition of any purchase. You may opt out of marketing calls or texts at any time by replying "STOP" to any text message, by unsubscribing from any email, or by emailing us at the address in Section 20.

(c) Recording Disclosure. You acknowledge that demo calls and other telephone communications with Sameday may be recorded or monitored for training, quality assurance, product improvement, and other legitimate business purposes, and you consent to such recording and monitoring to the fullest extent permitted by applicable law.

(d) Email Communications. If you provide an email address, you consent to receive transactional, informational, and marketing emails from Sameday. You may unsubscribe from marketing emails at any time using the unsubscribe link contained in any such email. Transactional emails related to an active business relationship with Sameday may continue after unsubscribe.

6. Privacy
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Your submission of information through the Website is also governed by our Privacy Policy, available at https://www.gosameday.com/privacy-policy (the "Privacy Policy"), which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and disclose your information.

7. Acceptable Use
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You agree to use the Website only for lawful purposes and in accordance with these Terms. You will not, and will not permit any third party to:

• use the Website in any manner that violates any applicable federal, state, local, or international law or regulation;
• access or use the Website to build, train, or benchmark a competing product or service, or to collect or harvest information for use by a competitor of Sameday;
• submit false, misleading, or third-party information through any Contact Form, including any phone number or email address you are not authorized to provide;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying ideas, algorithms, structure, or organization of the Website or any software or technology made available through the Website;
• scrape, crawl, spider, index, cache, data-mine, or use any automated system or software to extract data from the Website, except with our prior written consent;
• copy, reproduce, modify, distribute, publicly display, publicly perform, or create derivative works of the Website or any Website Content (as defined below), except as expressly permitted in these Terms;
• circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content;
• interfere with, disrupt, or impose an unreasonable load on the Website or the servers or networks that host it, including by introducing any virus, worm, trojan horse, malware, or other harmful code;
• access the Website through any means other than the interfaces expressly made available by Sameday; or
• use the Website to transmit any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," or any other form of solicitation.
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8. Intellectual Property
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The Website and all content, information, text, graphics, images, logos, trademarks, service marks, trade names, trade dress, videos, audio, software, code, designs, and other materials made available on or through the Website (collectively, "Website Content") are owned by Sameday or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license granted in the next sentence, no right, title, or interest in or to the Website or any Website Content is transferred to you. Subject to your compliance with these Terms, Sameday grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Website Content solely for your internal, non-commercial, informational purposes.

All trademarks, service marks, logos, trade names, and trade dress of Sameday (including "Sameday," "Sameday AI," and any associated logos) are the property of Sameday. You may not use any of our trademarks without our prior written consent.

9. Feedback and Submissions
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If you submit any feedback, suggestions, ideas, comments, questions, or other information about the Website, the Services, or Sameday (collectively, "Feedback"), you agree that Feedback is non-confidential and you hereby grant Sameday a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, prepare derivative works of, publish, distribute, and otherwise exploit the Feedback for any purpose, without any obligation or
compensation to you. Sameday has no obligation to use any Feedback.

10. Third-Party Links and Content
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The Website may contain links to third-party websites, resources, or services (collectively, "Third-Party Content"). Sameday does not own, control, monitor, or endorse any Third-Party Content and is not responsible for its availability, accuracy, content, products, or services. Your access to and use of Third-Party Content is at your own risk and is subject to the terms and policies applicable to that Third-Party Content.

11. AI-Generated Content and Demo Output
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Sameday offers AI-powered products. The Website may include demos, samples, recordings, transcripts, or other illustrative output generated by artificial intelligence (collectively, "AI Output"). AI Output is provided for illustrative purposes only. AI Output may be inaccurate, incomplete, non-deterministic, or unsuitable for any particular purpose, and you should not rely on AI Output as professional, legal, financial, medical, or other advice, or as a substitute for independent verification. To the maximum extent permitted by law, Sameday disclaims all liability arising out of or relating to AI Output.

12. Disclaimers
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The website, all website content, and all AI output are provided "as is" and "as available," without warranties or conditions of any kind, express, implied, or statutory. To the maximum extent permitted by applicable law, Sameday and its affiliates, licensors, and service providers expressly disclaim all warranties and conditions of any kind, including the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing, usage, or trade practice.

Sameday does not warrant that the website will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any content, including AI output, will be accurate or reliable. You assume all risk arising out of your access to and use of the website.

13. Limitation of Liability
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To the maximum extent permitted by applicable law, in no event will Sameday or its affiliates, licensors, service providers, or any of their respective officers, directors, employees, agents, partners, or contractors be liable to you or any third party under contract, tort, strict liability, negligence, or any other legal or equitable theory for (a) any indirect, incidental, consequential, special, exemplary, or punitive damages, (b) any loss of profits, revenue, data, goodwill, or business opportunity, or (c) the cost of procurement of substitute goods or services, in each case arising out of or relating to these terms or your access to or use of the website, even if Sameday has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Sameday's total aggregate liability to you arising out of or relating to these terms or your access to or use of the website will not exceed one hundred U.S. dollars (US$100). The limitations in this section apply even if a limited remedy fails of its essential purpose. You acknowledge and agree that the limitations in this section are a fundamental basis of the bargain between you and Sameday and that Sameday would not provide the website to you without them.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above exclusions or limitations may not apply to you. In such jurisdictions, Sameday's liability is limited to the greatest extent permitted by law.

14. Indemnification
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You agree to defend, indemnify, and hold harmless Sameday and its affiliates, and each of their respective officers, directors, employees, agents, and representatives (each, an "Indemnified Party"), from and against any and all third-party claims, demands, actions, proceedings, losses, liabilities, damages, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Website; (b) your breach of these Terms; (c) your violation of any applicable law, rule, or regulation (including, for clarity, the Telephone Consumer Protection Act and applicable data privacy laws); (d) your violation of the rights of any third party; or (e) any information you submit through the Website, including through any Contact Form. Sameday reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent.

15. Termination of Access
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We reserve the right, in our sole discretion and without notice or liability, to suspend or terminate your access to all or any portion of the Website at any time and for any reason, including for any violation of these Terms. Upon termination, your right to use the Website will immediately cease, but all provisions of these Terms that by their nature should survive termination will survive, including, without limitation, intellectual property provisions, disclaimers, limitations of liability, indemnification, and Section 16.

16. Governing Law; Dispute Resolution

(a) Governing Law. These Terms and any dispute or claim arising out of or relating to these Terms or the Website (including non-contractual disputes or claims) are governed by the laws of the State of New York, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

(b) Informal Resolution. Before filing any claim, the parties agree to attempt to resolve any dispute informally for at least sixty (60) days. To begin the informal dispute resolution process, you must send a written notice describing the dispute to the address in Section 20.

(c) Binding Arbitration. If a dispute is not resolved informally, you and Sameday agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website will be resolved exclusively through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under US$250,000) or its Comprehensive Arbitration Rules and Procedures (for larger claims), rather than in court. The arbitration will be conducted by a single arbitrator in New York, New York, or remotely where permitted. The arbitrator will have authority to award the same remedies available in court, but the arbitrator's authority is limited to the claims between you and Sameday individually. Judgment on the award may be entered in any court of competent jurisdiction.

(d) Class Action Waiver. You and Sameday agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and Sameday agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

(e) Exceptions. Notwithstanding the foregoing, either party may: (i) bring an individual action in small-claims court; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights; and (iii) file suit in a court of law to address an intellectual property infringement claim.

(f) Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending written notice of your decision to opt out to the address in Section 20 within thirty (30) days after first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you want to opt out of this arbitration agreement.

(g) Forum for Non-Arbitrable Claims. For any dispute not subject to arbitration, you and Sameday agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and waive any objection to such jurisdiction or venue.

17. Copyright Complaints
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If you believe that any material on the Website infringes your copyright, you may send a notice in accordance with the Digital Millennium Copyright Act to our designated agent at the address in Section 20. Your notice must include the information required by 17 U.S.C. § 512(c)(3).

18. International Users
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The Website is controlled and operated from within the United States. Sameday makes no representation that the Website is appropriate or available for use outside the United States. If you access or use the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

19. Miscellaneous
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These Terms, together with the Privacy Policy and, where applicable, the Customer Agreement, constitute the entire agreement between you and Sameday with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals. No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party, and no waiver will constitute a continuing waiver. If any provision of these Terms is held to be invalid or unenforceable, that provision will be reformed only to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without Sameday's prior written consent. Sameday may assign these Terms without your consent, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Sameday. Neither party will be liable for any delay or failure to perform (other than payment obligations) resulting from causes beyond its reasonable control. The headings in these Terms are for convenience only and have no legal effect.

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20. Contact Us

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If you have any questions about these Terms or the Website, or if you need to send any notice under these Terms, please contact us at:

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Sameday AI Inc.
1064 N County Blvd, Suite 300
Pleasant Grove, UT 84062
Email: support@gosameday.com

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