Terms of Use

Days Limited is a private limited company registered in Jersey with company number 149518 and whose registered office is at 1-3 La Colomberie, St. Helier, Jersey, JE2 4QB (the Company), trading as Daysium.

These Terms of Use govern your access to, and use of, the Platform. They apply to everyone who uses the Platform: the account holder who took out the subscription, and every other person given access under an account, such as family members, assistants, administrators and advisers.

These Terms of Use are not the subscription contract. The subscription contract is the Terms of Business, which is agreed between the Company and the account holder. These Terms of Use sit alongside it and govern the way the Platform is used, whoever is using it.

By accessing or using the Platform, you accept these Terms of Use. If you do not accept them, you must not access or use the Platform.

Reference to the singular includes the plural and vice versa, and reference to the masculine includes the feminine and vice versa.

3.1 Three documents govern your relationship with Daysium:

• the Terms of Business, the subscription contract between the Company and the account holder;
• these Terms of Use, which everyone accepts by using the Platform; and
• the Privacy Notice, which explains how we handle personal data.

3.2 If you belong to a firm that has its own agreement with Daysium (for example, an accountancy or advisory firm), that agreement governs your firm’s relationship with us. It does not replace these Terms of Use, which you still accept as an individual when you use the Platform.

3.3 Where these Terms of Use and the Terms of Business address the same matter, the Terms of Business prevail as between the Company and the Customer. As between you and the Company, these Terms of Use govern your use of the Platform.

4.1 YOUR ACCESS IS GRANTED BY THE CUSTOMER. You are able to use the Platform because the Customer, or Daysium at the Customer’s explicit written request, has given you access to an account and to specified data within it. That access is the Customer’s to grant, change, suspend or withdraw at any time. You have no independent right to the account, to the Services, or to any Customer Data.

4.2 YOUR LOGIN IS PERSONAL TO YOU. You log in with your own email address, and that email address may be used by only one person. You must not share your login or credentials, allow anyone else to use them, or use anyone else’s.

4.3 KEEP YOUR CREDENTIALS SAFE. You are responsible for keeping your password and credentials secure, and for the activity carried out under your login. Tell us immediately if you believe your account has been accessed without your authority.

4.4 WHAT YOU CAN SEE AND DO. What you are able to see and do on the Platform is set by the role assigned to you and by the individuals whose data you have been given access to. You must not attempt to access any account, data, individual or function beyond the access you have been granted.

4.5 ELIGIBILITY. You must not use the Platform if you are under 16, unless otherwise permitted by applicable law.

4.6 ACCURACY OF WHAT YOU ENTER. Where you enter or edit information in the Platform, you are responsible for the accuracy and completeness of what you enter.

5.1 PERMITTED USE. You may use the Platform only for the purpose for which access was granted to you, and in a way that is lawful and consistent with the Terms of Business.

5.2 PROHIBITED USE. You must not do, or attempt to do, any of the following, and you must not engage in any of the prohibited activities set out in the Terms of Business:

• share or transfer your access, or use another person’s login or credentials;
• access, or try to access, any account, data, individual or function outside the access you have been granted;
• identify, or try to identify, any individual beyond the access you have been granted;
• copy, extract, download or reproduce Customer Data except as necessary for the purpose for which access was granted, or as the Customer permits;
• test, probe or scan the security of the Platform, or reverse engineer or attempt to derive its source code, except to the extent the law does not allow this to be restricted;
• introduce any malware or other harmful code, or anything intended to disrupt or damage the Platform or gain unauthorised access to it;
• use the Platform to build or assist a competing product; or
• impersonate any person, or misrepresent your relationship to a Customer or to Daysium.

6.1 The Customer Data you can see through the Platform is confidential, and belongs to the Customer and to the individuals it concerns. You must keep it confidential, use it only for the purpose for which access was granted, and not disclose it to anyone who is not entitled to see it.

6.2 These obligations continue after your access ends. They do not prevent a disclosure you are required to make by law or by a regulator, provided that, where you are permitted to do so, you tell the Customer first so they have the opportunity to respond.

6.3 These confidentiality obligations do not apply to information that is or becomes public other than through a breach of these Terms of Use, that you already held free of any duty of confidence, or that you independently develop without using the Customer Data.

7.1 Days Limited is the data controller for the personal data processed in connection with the Platform. How we handle that data is set out in the Privacy Notice. By using the Platform you agree to it.

7.2 The Platform is used by more than one person. Depending on the access and consents given by the account holder and by each individual, other people using the Platform (such as family members, advisers, assistants or administrators) may be able to see day counts and status and, where consent has been given, locations and evidence. By using the Platform you acknowledge that data is shared in this way.

7.3 Where you can see another person’s personal data through the Platform, you must use it only for the purpose for which access was granted, and handle it in accordance with Data Protection Legislation.

7.4 If you use the Platform as a professional adviser, you remain responsible for meeting the legal and professional obligations that apply to your work, including under Data Protection Legislation, in respect of the information made available to you.

8.1 The Platform, and all related content and trade marks, are the property of Days Limited. These Terms of Use give you a personal, limited and non-transferable right to use the Platform for the purpose for which access was granted, and no other right or licence.

8.2 Customer Data remains the property of the Customer and of the individuals it concerns. You gain no ownership of, or licence to, Customer Data beyond the access given to you.

8.3 If you give us feedback or suggestions about the Platform, we may use them without any obligation or payment to you.

9.1 The Platform is provided to you on an “as is” basis. The warranties, service levels and other commitments in the Terms of Business are given by the Company to the Customer; they are not given to you as a user of the Platform.

9.2 To the fullest extent permitted by law, the Company is not liable to you for any loss arising from your use of, or inability to use, the Platform. Nothing in these Terms of Use excludes or limits any liability that cannot be excluded or limited by law.

9.3 THE PLATFORM IS AN AID, NOT ADVICE. The Platform records, counts and evidences days of presence and helps maintain a contemporaneous record. It does not provide tax, legal or immigration advice, is not a diagnostic or advisory service, and does not determine or guarantee any person’s tax residence, domicile or compliance with any law. You must not rely on any day count, status, rule card or report as advice or as a determination of status. You remain responsible, together with your professional advisers, for confirming that the rules and thresholds applied in the account are the correct ones for the relevant circumstances, and for obtaining your own professional advice. Where you use the Platform as a professional adviser, it supports, and does not replace, the exercise of your professional judgement, and no use of the Platform creates an adviser relationship between you and Daysium.

9.4 THE RECORD DEPENDS ON YOUR DEVICE. The Platform records days and evidence using the data and signals available to it from your device, including location, connectivity and the information you provide. It can record only what your device makes available. Where a device has no signal or connectivity, its location services are turned off, it is in flight mode or switched off, or the necessary data is otherwise unavailable, the Platform may be unable to record a location, visit or item of evidence for that period. Daysium is not responsible for any gap in the record arising from data or signal that was not available to the Platform. You remain responsible for reviewing your record and for adding or correcting entries where necessary.

9.5 DATA LOSS. You acknowledge that the loss or corruption of data is a risk inherent in the use of any technology. Daysium’s liability to you for any loss or corruption of Customer Data is limited to taking reasonable steps to recover it from Daysium’s most recent available backups.

10.1 We may change these Terms of Use from time to time. The current version is always available on our website.

10.2 Where a change is material, we will tell you (by email or on next login) and, where the change requires it, ask you to accept the updated Terms of Use before you continue to use the Platform. Your continued use of the Platform after a change takes effect means you accept it.

11.1 Your access ends when the Customer withdraws it, when the account it belongs to comes to an end, or when Daysium suspends or removes it, for example if you breach these Terms of Use, or at the Customer’s request.

11.2 Where you have access as a member of an advisory or other firm, your access continues only for as long as your firm acts for the Customer and remains in good standing with Daysium.

11.3 When your access ends you must stop using the Platform, and stop using any Customer Data you obtained through it, unless you are separately required or entitled to keep it.

11.4 Clauses 6 (Confidentiality), 7 (Data Protection), 8 (Intellectual Property), 9 (Disclaimers and Limitations of Liability) and 12 (Other Terms) continue to apply after your access ends.

12.1 These Terms of Use form part of, and incorporate the general provisions of, the Terms of Business (including those on data protection, confidentiality, intellectual property, liability, changes, and dispute resolution and governing law), which apply to your use of the Platform as if set out here in full. Where a provision incorporated in this way refers to “you” or “your”, that reference is read as referring to the Customer; these Terms of Use continue to govern your own use of the Platform.

12.2 These Terms of Use are governed by the law of Jersey, and any dispute is dealt with under the dispute resolution provisions of the Terms of Business.

12.3 We will send any notice to you at the email address through which you access the Platform. Notices to us should be sent to the registered office above.