DaySmart Software Company Policies

Technical Support & Training for Windows Software

We have a number of readily available tools to help you:

  • Free and unlimited web‐based training for life
  • Free detailed training videos, which are found on the Welcome screen of Orchid Medical Spa Software
  • Free in-depth user's guide, included within Orchid Medical Spa Software

With your initial purchase of Orchid Medical Spa Software software Standard, Professional, Multi-Computer or Multi-Location edition, you will receive:

  • Free and unlimited e-mail and web-based training for life
  • Free and unlimited phone technical support and training subscription for three months
  • Free software installation and hardware setup during the first three months
  • Free downloadable maintenance releases for life
  • Free software updates for one full year
  • Free transfer of your information from a competitor's product
  • Free detailed training videos and in-depth user's guide
  • Free and unlimited access to our extensive knowledge base

With the Orchid Medical Spa Software for Windows Subscription plan, you will receive unlimited free technical support and one-on-one phone training for as long as you have an active subscription.

After the free support subscription ends you can continue receiving unlimited support and training for just $59 per month by signing up for our Unlimited Support Subscription. You can sign up for a subscription at any time. You may also choose to pay for support and training as you need it. Phone support can be purchased for $99 per incident and phone/Internet training can be purchased for $99 per hour-long session.

For technical support and training resources for Orchid Medical Spa Software for Windows, please visit our support page.


Technical Support & Training for Cloud Software

Unlimited training and technical support is included in your Cloud subscription at no additional cost.


Hardware Support

We warrant our software to be compatible for all hardware that we sell, using the manufacturer's drivers or direct connection while Windows is operating in the regional settings described in the 'Language and Regional Settings Support' section listed below. Please see our Hardware page for a list of current hardware that we sell. This includes all hardware and hardware support items, including cables, connectors, interfaces, and adaptors. If you are using hardware or hardware support items other than what we sell, or are using different regional settings other than those described in the 'Language and Regional Settings Support' section, we will provide basic setup information; however, we cannot warrant compatibility with our products.


Return Policies

Windows Software

Software can be returned within 30 days of purchase for a full refund. To qualify for a refund the purchaser of the software must formally request a refund and deactivate the software from all computers within this 30 day period.If the software remains activated with the serial number provided after the 30 day period, continued use of the software will be assumed and no refund will be granted. The purchaser is required to return the associated software shipment if applicable. The refund will be credited to the purchaser once all these requirement are met. Additionally, if you return the software, and non-refundable hardware items were purchased along with the software, the hardware package discounts (and any other discounts you may have received) no longer apply and the amount you receive back on the software may be less than the full price. After 30 days no refund are given.

Hardware

DaySmart Software policy is not to provide a return on hardware (cash drawers, printers, bar code scanners, etc.), except in the case that the hardware was damaged in shipping, or is defective upon the initial receipt of the item(s).

  • If the item(s) was damaged during shipping, the request for hardware return must be made within 3 business days of receipt. The item(s) must be shipped back within 3 days of the request for the return.
  • If the item(s) was defective, the request for hardware return must be made within 14 days of the purchase date. The item(s) must be shipped back within 3 days of the request for the return. If you wish to have a new item shipped to you, DaySmart Software will bill you for the new item and refund your money for the returned item if the item(s) is received in accordance with the policies stated above. All new items are shipped from DaySmart Software via standard shipping; if you wish to have expedited shipping, you will be charged for the expedited shipping. If the item(s) being returned is not shipped within 3 days of the request for the return, DaySmart Software will provide no refund of the returned item.
  • All original boxes, packaging, inserts, wrappers, and components must be returned. All hardware must be placed INSIDE another box prior to shipping. Original hardware boxes must not be written on.
  • If you receive a damaged or defective item, please contact DaySmart Software at (800) 604-2040 in accordance with the policies described above.

Hardware is covered under manufacturer's warranty for 2 years after purchase for Epson receipt printers and MMF & APG cash drawers, and 1 year after purchase for other hardware. See our Technical Support page for hardware manufacturer contact information.

Gift Cards

No refunds are given on gift cards once they are printed. Of course, prior to the gift card printing, you will approve the gift card proof either electronically or we can postal mail you a proof. We will not print any cards prior to your approval.


Software Updates and Upgrades

Windows Software Updates

All Windows software purchases include free maintenance releases and service packs for life. Any maintenance release for the software version that was initially purchased can be downloaded for free online or through the software. Maintenance releases generally include fixes and minor feature additions.

Updates may be purchased at an approximate 50% discount off the current retail price if you are within 1 version of the current released version. Updates are always optional, and will never be required to continue using Orchid Medical Spa Software software. Updates include new software features as well as fixes.

With a Orchid Medical Spa Software for Windows Subscription plan, you will receive unlimited updates to the software for no additional cost, which can be downloaded from the website.

Cloud Software Updates

Cloud subscriptions include all updates to the DaySmart Software Cloud website and mobile applications. DaySmart Software Cloud is automatically kept up to date, without any manual updates that need to be performed by its users.

Windows Software Upgrades

If you are using the latest version of Orchid Medical Spa Software, you have the option to upgrade to a higher edition. All you have to do is pay the difference between the two editions. See our upgrades page for pricing and ordering.


Privacy Policy

At DaySmart Software we are committed to your privacy. See our full privacy policy.


Lost Passwords and Serial Numbers

Passwords

DaySmart Software may assist with lost passwords within our software. This service is available at no additional cost for businesses on the Unlimited Support Subscription. If your business is not signed up to the Unlimited Support Subscription, this service is offered for a one-time charge of $99. To apply for assistance, please e-mail support@daysmart.com.

Serial Numbers

DaySmart Software does not guarantee assistance with lost serial numbers.

Database Passwords

DaySmart Software does not guarantee assistance with lost database passwords.


Language and Regional Settings Support

We provide sales and support in English only. We warrant our software will work correctly in the 'English (US)' default regional setting only. Although we have tested our software in many other settings, we can only provide full support and warrant correct functionality in the 'English (US)' default regional setting.


Loaner Hardware Policy

Within 30 days, you must send this loaner piece of equipment back to the address listed below via a shipping company that provides a tracking number. DaySmart Software is not responsible for hardware items that are lost or stolen during shipping.
Return loaner hardware to:

DaySmart Software
30475 S. Wixom Rd.
Suite 100
Wixom, MI 48393

If the loaner hardware is not returned within 30 days, or if the hardware you return is not in proper operating condition, your credit card will be charged the full retail price of the hardware. If you return the loaner hardware after your credit card has been charged, and if the hardware is in proper operating condition, you will receive a full refund.

Last Updated: Semptember 17, 2014


LICENSE AGREEMENT FOR ORCHID MEDICAL SPA SOFTWARE WINDOWS SOFTWARE

ATTENTION! Important: Carefully read the following terms and conditions. By installing this Software, you (the "Licensee") are consenting to the terms of this agreement and accepting that they will be legally binding on you and any end user who may obtain this Software through you or your company. If you do not agree with the terms of this agreement, or do not wish them to be binding on you and your company, do not install the Software and promptly return the package and its contents together with proof of payment for a refund.

Throughout this document, "Software" refers to items written by DaySmart Software, Inc. (the "Licensor"), including, but not limited to, Orchid Medical Spa Software© support software, Orchid Medical Spa Software© documentation, and/or all other files included in the Orchid Medical Spa Software© total software package.

1. CONSENT FOR INTERNET-BASED SERVICES. DaySmart Software, Inc. may offer Internet-based services that may be used in conjunction with the Software. DaySmart Software, Inc. may change or cancel these services at any time. If you use the on-line process to activate the Software, or if you use an Internet-based service offered by DaySmart Software, Inc., the software automatically contacts a DaySmart Software server over the Internet, and transmits certain information about your computer without separate notice to you. DaySmart Software, Inc. does not obtain personally identifiable information from your computer other than any personal information you specifically enter as part of your usage of the Internet-based service and the Software’s serial number. By using this Software, you consent to the transmission of this information.

2. ACCESS FROM A REMOTE LOCATION. Your Software may include certain features that allow you to access the Software on your computer from a remote location either through the Internet via DaySmart Software, Inc. "LiveAccess" or "Remote Access" or through the use of a mobile device application. The use of the Live Access service in conjunction with the Software is governed by the terms of this license. The use of any mobile device applications offered through Licensor will be governed by the terms of a separate license agreement that accompany those applications.

2. LICENSE. In consideration of payment of a license fee as part of the purchase price of this product and while in compliance with the terms and conditions of this license agreement, Licensor grants to Licensee a non-exclusive and nontransferable license to use the Software for Licensee’s internal business purposes with the specific rights to:

  • use the Software on any single computer;
  • use the Software on a network, provided that each computer accessing the Software through the network has a licensed Software copy or an authorized network multi-user license;
  • use the Software on a second computer when the primary shop computer is not being used; and/or
  • copy the Software for archival purposes only, provided the copy contains all the original Software's proprietary notices.

Rights not expressly granted by this section are reserved to DaySmart Software, Inc.

3. RESTRICTIONS ON USE. You may not:

  • permit other individuals to use the Software except under the terms listed above;
  • permit concurrent multi-computer use of the Software except with a multi-user license;
  • modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
  • make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
  • copy the Software other than as specified above;
  • assign the license rights granted above to any other person or entity except with the prior written consent of Licensor and in accordance with Licensor’s requirements as provided in the Licensor’s Transfer of Ownership form.;
  • rent, lease, sublicense, grant a security interest in or otherwise transfer rights to the Software; nor
  • remove any proprietary notices or labels on the Software or its output.

4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Software shall remain in DaySmart Software, Inc. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by law. This license gives you no rights to such content. The Licensee owns the disk on which the Software is recorded, while DaySmart Software Inc. retains ownership of the Software program and all copies of the Software.

5. TERM. The license is effective until terminated. You may terminate the license at any time by destroying the Software and all copies and documentation. The license will terminate automatically if you fail to comply with the limitations described in this agreement. For example, if any modifications are made to the Software by the user or the media is subjected to accident, abuse or improper use, the terms of this agreement are violated and this license shall be terminated immediately. Upon termination, you agree to destroy the Software and all copies and documentation.

6. LIMITED WARRANTY. DaySmart Software, Inc. warrants the original disks or CDs on which the Software is furnished to be free from defects for 30 days from date of delivery. This limited warranty does not apply to downloaded Software and is the only warranty made by DaySmart Software, Inc. This time limitation may not apply in some jurisdictions. No dealer, agent or employee of DaySmart Software, Inc. is authorized to make any modifications, extensions or additions to this warranty. This warranty shall not apply to hardware or Software other than the unmodified version of hardware and Software as described in the documentation. If any modifications are made to the Software by the user, or the media is subjected to accident, abuse or improper use, the terms of this agreement are violated and this warranty shall be terminated immediately. If the software does not perform substantially in accordance with the Orchid Medical Spa Software© documentation, the entire liability of DaySmart Software, Inc. and your exclusive remedy shall be limited to either, at the Licensor’s option, replacement of the Software or refund of the amount you paid for the Software. If the Software was purchased in conjunction with hardware from DaySmart Software, Inc., any such hardware is sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The return policy applicable to hardware purchased from DaySmart Software, Inc. is available on the following website: http://www.medicalspasoftware.com/policies.aspx. DaySmart Software, Inc. warrants that the Software is compatible only when used on hardware and hardware support items (including cables, connectors, interfaces, and adaptors) purchased from DaySmart Software Inc. or that meets the specifications provided by DaySmart Software, Inc. on its website, using the manufacturer's drivers or direct (serial) connection while Windows is operating in the following default regional setting: "English (US)".

7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE LICENSOR’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. DAYSMART SOFTWARE, INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTERS, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY, FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF THE TERMINATION, BUT DO NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THE AGREEMENT.

8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL DAYSMART SOFTWARE, INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DAYSMART SOFTWARE, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT DAYSMART SOFTWARE, INC. RECEIVED FROM YOU FOR A LICENSE TO USE THE SOFTWARE, EVEN IF DAYSMART SOFTWARE, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. DAYSMART SOFTWARE, INC. AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SOFTWARE ARE NOT RESPONSIBLE FOR ANY ERRORS, AND/OR FINANCIAL LOSSES, AND/OR PROBLEMS, AND/OR LOSS OF CLIENTS, AND/OR LOSS OF INFORMATION AND/OR DIFFICULTIES THE USERS OF THE SOFTWARE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SOFTWARE PERFORMS (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, AND/OR TAXES, AND/OR PAYROLL, AND/OR CLIENTS, AND/OR TOTALS, AND/OR SERVICES, AND/OR PRODUCTS, AND/OR MAILINGS, AND/OR COUPONS, AND/OR ORDERS, AND/OR PICTURES, AND/OR GIFT CERTIFICATES, AND/OR REPORTS, AND/OR TAX FILINGS INCLUDING, BUT NOT LIMITED TO, W2 AND 1099 FILINGS) ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE PERFORMED AND VERIFIED BY MEANS INDEPENDENT OF THE SOFTWARE. THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE SELECTION AND SUITABILITY OF THE SOFTWARE, FOR ITS INSTALLATION AND USE, AND FOR THE RESULTS OBTAINED FROM THE SOFTWARE PROGRAM. IMPORTANT: THE LICENSOR IS NOT RESPONSIBLE FOR ANY LOSS OF DATABASE FILES OF A LICENSEE. THE LICENSEE ALSO ASSUMES FULL RESPONSIBILITY FOR MAKING BACKUP COPIES OF ALL CLIENT DATABASE FILES DEVELOPED WITH THE AID OF THE SOFTWARE. DAYSMART SOFTWARE, INC. STRONGLY ADVISES LICENSEES TO BACK UP THEIR DATABASE FILES PERIODICALLY AS APPROPRIATE AND NOT LESS FREQUENTLY THAN ONCE A DAY.

9. PRODUCT SUPPORT. Although DaySmart Software, Inc. intends to provide advisory support to customers following purchase of the Orchid Medical Spa Software© license and disk, the Licensor is not obligated to provide such support and customers and/or any other users of the Software are not guaranteed such support. Any sales and support offered by DaySmart Software will be provided in the English language. The support policies and practices of DaySmart Software, Inc. are subject to change without notice or obligation. The Licensee is solely responsible for applying to its activities any customer support information provided by the Licensor and for any consequences thereof.

a) LANGUAGE AND REGIONAL SETTINGS SUPPORT. For proper functionality, the Windows Operating System setting must be set to "English (US)" default regional setting only. Although DaySmart Software, Inc. has tested the Software in many other settings, it is not able to provide full support unless the Windows Operating System has been configured to the setting noted above. b) HARDWARE SUPPORT. Compatibility with hardware is warranted only with hardware sold by DaySmart Software, Inc. or that meets the hardware specifications listed on the DaySmart Software, Inc. website using the manufacturer's drivers or direct (serial) connection while Windows is operating in the regional setting described in the "Language and Regional Settings Support" section listed above. Current hardware and hardware support items available from DaySmart Software, Inc. are listed on the hardware page of the DaySmart Software, website at http://www.medicalspasoftware.com. For any other hardware or hardware support items DaySmart Software, Inc. will endeavor to provide basic setup information; however, compatibility of the Software with that hardware is not covered by the Software Limited Warranty. In the event that Licensor provides technical support including tanning or troubleshooting through its help desk or by means of a remote access program such as "Log Me In" or other facility, Licensor does not warrant that such support will resolve Licensee’s problem or be error free. If Licensee allows Licensor to remotely access Licensee’s system to provide such technical support, Licensee agrees to release, indemnify and hold Licensor harmless from any and all liability or damage to Licensee’s computer, system or software, including any loss of or changes to Licensee’s files or data regardless of the cause. Licensee shall be solely responsible for the accuracy and correctness of any changes to files or data made by Licensor at Licensee’s request.

10. AUTOMATED CREDIT CARD CHARGE AUTHORIZATION. If you have signed up to have your credit card charged for support services, subscription service or the extended payment plan for DaySmart software, you hereby authorize DaySmart Software, Inc., ("DaySmart"), to initiate monthly credit card debit entries for payment and to initiate, if necessary, electronic credit entries and adjustments for any monthly credit card entries in error to my account and the credit card listed above to electronically debit and/or electronically credit the same to such account for subscription services you receive from DaySmart. You agree to allow DaySmart to electronically debit your credit card for payment for DaySmart services when due. This Authorization Agreement is to remain in effect until revoked by you in writing and until DaySmart actually receives such notice. You agree that DaySmart shall be fully protected in drawing any such monthly credit card debit or credit. DaySmart reserves the right to cancel the monthly credit card payment program entirely or with respect to a particular credit card 30 days after notification. If any such monthly credit card payment does not clear, and any amounts due DaySmart are not paid in accordance with the terms of the subscription service agreement, the subscription service to my account may be subject to termination.

11. GOVERNING LAW. This license agreement, including its Limited Warranty provisions, shall be governed by the laws of the State of Michigan. All disputes arising under this agreement shall be resolved in the applicable state or federal courts of Michigan. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

12. EXPORT CONTROLS. You may not export or re-export the Software to any country prohibited by the United States Export Administration Act, or by other similar restrictions or regulations.

13. INTEGRATION. This agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement.

Last Updated: August 8, 2012


LICENSE AGREEMENT FOR ORCHID MEDICAL SPA SOFTWARE CLOUD SOFTWARE

ATTENTION! Important: Carefully read the following terms and conditions that govern the Orchid Medical Spa Software© Software as a Service ("Service"). By using this Service and related hosted services, You (the "Licensee") are consenting to the terms of this agreement and accepting that they will be legally binding on You and any end user who may obtain this Service through You or Your company. If You do not agree to the terms of this agreement, You may not use the Service.

Throughout this document, "Service" refers to items written by DaySmart Software, Inc. (the "Licensor"), including, but not limited to, Orchid Medical Spa Software© software and hosted services, Orchid Medical Spa Software© documentation, and/or all other files included in the Orchid Medical Spa Software© total software package. "You" or "Licensee" means the natural person or the entity that is agreeing to be bound by this agreement, and any employees and third party contractors that provide services to You. You shall be liable for any failure by such employees and third party contractors to comply with the terms of this agreement.

2. LICENSE. In consideration of payment of the license subscription fee for the use of the Service, You may use the Service in accordance with the following:

  • each registered user at Your location may use the Service on any single device at a time;
  • use the DaySmart Service, Inc. hosted Service for data input, backup, and storage.
  • Rights not expressly granted by this section are reserved to DaySmart Software, Inc.

3. RESTRICTIONS ON USE. You may not:

  • permit other individuals to use the Service except under the terms listed herein;
  • modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Service;
  • attempt to gain unauthorized access to the hosted services, cloud or related DaySmart Software, Inc. systems or networks;
  • use the Service or other DaySmart Software, Inc. hosted services or cloud in any manner that is not in accordance with applicable documentation and all applicable laws and government regulations;
  • rent, lease, grant a security interest in or otherwise transfer rights to the Service; nor
  • remove any proprietary notices or labels displayed in the Service or on its output.

4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Service shall remain in DaySmart Software, Inc. The Service is protected by copyright laws and treaties. Title and related rights in the content which may accessed through the Service or hosted services is the property of the applicable content owner and may be protected by law. This license gives You no rights to such content except for Your data that You upload and store.

5. TERM. The Service and related hosted services are delivered electronically via a secure web site, and delivery is deemed complete when the Service is first made available to You. The license is effective until terminated. You may terminate the license at any time by canceling payment renewal of the Service license subscription fee. The license will terminate automatically if You fail to comply with the limitations described in this agreement or You fail to pay the license fee. For example, if You make modifications to the Service or a regularly scheduled subscription fee is not paid by the due date, the terms of this agreement are violated and this license shall be terminated immediately.

6. DISCLAIMER. The Service is provided "as is" and without warranty of any kind. No dealer, agent or employee of DaySmart Software, Inc. is authorized to make any warranty regarding the Service. DAYSMART SOFTWARE, INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE. THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTERS, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY, FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF THE TERMINATION, BUT DO NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SERVICE AFTER TERMINATION OF THE AGREEMENT.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL DAYSMART SOFTWARE, INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DAYSMART SOFTWARE, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT DAYSMART SOFTWARE, INC. RECEIVED FROM YOU FOR A LICENSE TO USE THE SERVICE, EVEN IF DAYSMART SOFTWARE, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. DAYSMART SOFTWARE, INC. AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SERVICE ARE NOT RESPONSIBLE FOR ANY ERRORS, AND/OR FINANCIAL LOSSES, AND/OR PROBLEMS, AND/OR LOSS OF CLIENTS, AND/OR LOSS OF INFORMATION AND/OR DIFFICULTIES THE USERS OF THE SERVICE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SERVICE PERFORMS (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, AND/OR TAXES, AND/OR CLIENTS, AND/OR TOTALS, AND/OR SERVICES, AND/OR PRODUCTS, ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE PERFORMED AND VERIFIED BY MEANS INDEPENDENT OF THE SERVICE.

You assume full responsibility for the selection and suitability of the Service, for its use, and for the results obtained from the Service program.

8. PRODUCT SUPPORT. Although DaySmart Software, Inc. intends to provide advisory support to customers following delivery of the Orchid Medical Spa Software© Software and license, the Licensor is not obligated to provide such support and customers and/or any other users of the Service are not guaranteed such support. The support policies and practices of DaySmart Software, Inc. are subject to change without notice or obligation and may be viewed at the following website:http://www.medicalspasoftware.com/policies.aspx. The Licensee is solely responsible for applying to its activities any customer support information provided by the Licensor and for any consequences thereof.

9. AUTOMATED CREDIT CARD CHARGE AUTHORIZATION. If You have signed up to have Your credit card charged for support services or subscription service, You hereby authorize DaySmart Software, Inc. ("DaySmart"), to initiate monthly credit card debit entries for payment and to initiate, if necessary, electronic credit entries and adjustments for any monthly credit card entries in error to my account and the credit card listed above to electronically debit and/or electronically credit the same to such account for the services You receive from DaySmart. You agree to allow DaySmart to electronically debit Your credit card for payment for DaySmart services when due. This authorization is to remain in effect until revoked by You by contacting DaySmart and until DaySmart actually receives such notice. You agree that DaySmart shall be fully protected in drawing any such monthly credit card debit or credit. DaySmart reserves the right to cancel the monthly credit card payment program entirely or with respect to a particular credit card 30 days after notification. You understand that if any such monthly credit card payment does not clear, and any amounts due DaySmart are not paid the DaySmart service may be subject to termination.

10. GOVERNING LAW. This license agreement, including its Limited Warranty provisions, shall be governed by the laws of the State of Michigan. All disputes arising under this agreement shall be resolved in the applicable state or federal courts of Michigan. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

11. INTEGRATION. This agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement.

Last Updated: August 8, 2012


SOFTWARE LICENSE AGREEMENT FOR THE DAYSMART SOFTWARE, INC. APP FOR MOBILE DEVICES

When you download or use the DaySmart Software, Inc. application ("DaySmart App") for use on certain mobile devices, these terms and conditions will become binding on you. Do not download or use the DaySmart App if you do not agree to be bound to these license terms. The licensor of this mobile device app, DaySmart Software, Inc., 30475 South Wixom Rd., Suite 100, Wixom, MI 48393 ("DaySmart") reserves all rights not expressly granted to you. This license is solely between You and DaySmart.

DaySmart grants you the right to install and use the DaySmart App on multiple mobile devices that you own or control for the sole purpose of accessing the DaySmart software product installed on your main computer, or which is delivered as a service over a network, from a remote location.

You may not do or attempt to do any of the following:

  • Reproduce, modify, decompile, reverse engineer or attempt to derive the source code of the DaySmart App.
  • Make any derivative work from the DaySmart App.
  • Decrypt the DaySmart App or override any security features.
  • Remove, hide or alter any proprietary notice on or associated with the DaySmart App. This includes any copyright notices or trademarks or license agreements.
  • Use the DaySmart App to access any DaySmart services or system that you are not authorized to use or have access to.
  • Use the DaySmart App for any purpose for which it was not intended or designed.
  • Transfer the DaySmart App to any other person.

Any attempt to do any of the foregoing is a violation of the rights of the DaySmart and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by DaySmart that replace and/or supplement the original DaySmart App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

IMPORTANT: While DaySmart strives to ensure that the DaySmart App operates as it was designed, mobile device manufacturers continually update their products from time to time and therefore, DaySmart cannot warrant that the services are compatible with, or will operate with your mobile device or any software/hardware that you have on your mobile device. You acknowledge and agree that the mobile device manufacturer and Services provider(s) have no obligation to furnish any maintenance or support services related to the DaySmart App.

To protect your personal and business information, it is your responsibility to protect your mobile device from access by unauthorized persons. If your mobile device is lost or stolen, it is your responsibility to take the necessary actions to change your password to prevent unauthorized access to your information database contained in the DaySmart software products installed on your main computer.

Termination. The license is effective until terminated by you or DaySmart. your rights under this license will terminate automatically without notice from DaySmart if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the DaySmart App, and delete the DaySmart App from your mobile device.

Services; Third Party Materials. The DaySmart App enables access to DaySmart software through third party services or using third party materials and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. You agree to use the Services at your sole risk and DaySmart shall not have any liability to you for the performance or availability of Services.

In addition, Services that may be accessed from, displayed on or linked to from your mobile device are not available in all languages or in all countries. DaySmart makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. DaySmart, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the DaySmart be liable for the removal of or disabling of access to any such Services.

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DAYSMART APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAYSMART APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE DAYSMART APP ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE MOBILE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DAYSMART APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DAYSMART DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE DAYSMART APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DAYSMART APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DAYSMART APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DAYSMART APP OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DAYSMART BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DAYSMART APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DAYSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

You agree that the mobile device manufacturer and/or Services provider, are third party beneficiaries of the license and that, upon Your acceptance of the terms and conditions such parties will have the right (and will be deemed to have accepted the right) to enforce the terms license as a third party beneficiary thereof.

The laws of the State of Michigan, excluding its conflicts of law rules, govern this license and your use of the DaySmart App.

Use of DaySmart app to access DaySmart software.

By accessing DaySmart software remotely through the DaySmart app you agree to all the terms and conditions of the following DaySmart license agreement:

Software License: "Software Service" refers to items written by DaySmart Software, Inc. (the "Licensor"), including, but not limited to the following software and hosted services: Salon Iris®, Orchid Medical Spa Software®, 123Pet Software®, and InkBook Software®, and any documentation, and/or all other files included in the Software Service package licensed to You. "You" or "Licensee" means the natural person or the entity that is agreeing to be bound by this agreement, and any employees and third party contractors that provide services to You. You shall be liable for any failure by such employees and third party contractors to comply with the terms of this agreement.

2. LICENSE. In consideration of payment of the license subscription fee for the use of the Software Service, You may use the Software Service in accordance with the following:

  • each registered user at Your location may use the Software Service on any single device at a time;
  • use the DaySmart Service, Inc. hosted Software Service for data input, backup, and storage.

Rights not expressly granted by this section are reserved to DaySmart Software, Inc.

3. RESTRICTIONS ON USE. You may not:

  • permit other individuals to use the Software Service except under the terms listed herein;
  • modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software Service;
  • attempt to gain unauthorized access to the hosted services, cloud or related DaySmart Software, Inc. systems or networks;
  • use the Software Service or other DaySmart Software, Inc. hosted services or cloud in any manner that is not in accordance with applicable documentation and all applicable laws and government regulations;
  • rent, lease, grant a security interest in or otherwise transfer rights to the Software Service; nor
  • remove any proprietary notices or labels displayed in the Software Service or on its output.

4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Software Service shall remain in DaySmart Software, Inc. The Software Service is protected by copyright laws and treaties. Title and related rights in the content which may accessed through the Software Service or hosted services is the property of the applicable content owner and may be protected by law. This license gives You no rights to such content except for Your data that You upload and store.

5. TERM. The Software Service and related hosted services are delivered electronically via a secure web site, and delivery is deemed complete when the Software Service is first made available to You. The license is effective until terminated. You may terminate the license at any time by canceling payment renewal of the Software Service license subscription fee. The license will terminate automatically if You fail to comply with the limitations described in this agreement or You fail to pay the license fee. For example, if You make modifications to the Software Service or a regularly scheduled subscription fee is not paid by the due date, the terms of this agreement are violated and this license shall be terminated immediately.

6. DISCLAIMER. The Software Service is provided "as is" and without warranty of any kind. No dealer, agent or employee of DaySmart Software, Inc. is authorized to make any warranty regarding the Software Service. DAYSMART SOFTWARE, INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE SERVICE. THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTERS, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY, FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF THE TERMINATION, BUT DO NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE SERVICE AFTER TERMINATION OF THE AGREEMENT.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL DAYSMART SOFTWARE, INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DAYSMART SOFTWARE, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT DAYSMART SOFTWARE, INC. RECEIVED FROM YOU FOR A LICENSE TO USE THE SOFTWARE SERVICE, EVEN IF DAYSMART SOFTWARE, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. DAYSMART SOFTWARE, INC. AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SOFTWARE SERVICE ARE NOT RESPONSIBLE FOR ANY ERRORS, AND/OR FINANCIAL LOSSES, AND/OR PROBLEMS, AND/OR LOSS OF CLIENTS, AND/OR LOSS OF INFORMATION AND/OR DIFFICULTIES THE USERS OF THE SOFTWARE SERVICE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SOFTWARE SERVICE PERFORMS (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, AND/OR TAXES, AND/OR CLIENTS, AND/OR TOTALS, AND/OR SERVICES, AND/OR PRODUCTS, ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE PERFORMED AND VERIFIED BY MEANS INDEPENDENT OF THE SOFTWARE SERVICE.

You assume full responsibility for the selection and suitability of the Software Service, for its use, and for the results obtained from the Software Service program.

8. PRODUCT SUPPORT. Although DaySmart Software, Inc. intends to provide advisory support to customers following delivery of the Software Service and license, the Licensor is not obligated to provide such support and customers and/or any other users of the Software Service are not guaranteed such support. The support policies and practices of DaySmart Software, Inc. are subject to change without notice or obligation and may be viewed for each of the Software Service products at the following websites:

http://www.saloniris.com/policies.aspx
http://www.saloniris.com/cloudsupport.aspx

http://www.123petsoftware.com/policies.aspx
http://www.123petsoftware.com/cloudsupport.aspx

http://www.medicalspasoftware.com/policies.aspx
http://www.medicalspasoftware.com/cloudsupport.aspx

http://www.inkbooktattoosoftware.com/policies.aspx
http://www.inkbooktattoosoftware.com/cloudsupport.aspx

or by contacting the DaySmart support team at: (248) 491-0200 or (800) 604-2040.

The Licensee is solely responsible for applying to its activities any customer support information provided by the Licensor and for any consequences thereof.

9. AUTOMATED CREDIT CARD CHARGE AUTHORIZATION. If You have signed up to have Your credit card charged for support services or subscription service, You hereby authorize DaySmart Software, Inc. ("DaySmart"), to initiate monthly credit card debit entries for payment and to initiate, if necessary, electronic credit entries and adjustments for any monthly credit card entries in error to my account and the credit card listed above to electronically debit and/or electronically credit the same to such account for the services You receive from DaySmart. You agree to allow DaySmart to electronically debit Your credit card for payment for DaySmart services when due. This authorization is to remain in effect until revoked by You by contacting DaySmart and until DaySmart actually receives such notice. You agree that DaySmart shall be fully protected in drawing any such monthly credit card debit or credit. DaySmart reserves the right to cancel the monthly credit card payment program entirely or with respect to a particular credit card 30 days after notification. You understand that if any such monthly credit card payment does not clear, and any amounts due DaySmart are not paid the DaySmart service may be subject to termination.

10. GOVERNING LAW. This license agreement, including its Limited Warranty provisions, shall be governed by the laws of the State of Michigan. All disputes arising under this agreement shall be resolved in the applicable state or federal courts of Michigan. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

11. INTEGRATION. This agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement with respect to the Software Service.

Last Updated: September 17, 2014

footer shadow

Talk with our experts

tel: 800.570.0500

or send us a message »

Copyright © 2014 DaySmart Software. All rights reserved. home | privacy | sitemap | policies