Terms & Conditions

1. Agreement to these terms

These Terms and Conditions (the “Terms”) govern your access to and use of the asDayOne platform, website and related services (together, the “Service”), provided by [Visible One Limited] (“asDayOne”, “we”, “us” or “our”). By creating an account, subscribing to, or using the Service, you agree to these Terms.

If you are entering into these Terms on behalf of an organization, you confirm that you have authority to bind that organization, and “you” and “Customer” refer to that organization. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy and any Order, plan description or additional terms we make available for specific features. If there is a conflict, a signed Order prevails, then these Terms, then other referenced documents, unless stated otherwise.

2. Definitions

• Account — the account you register to access the Service.
• Authorized Users — the individuals your organization allows to use the Service under your Account, such as your employees and administrators.
• Workspace Data — the content and data you or your Authorized Users upload to or create in the Service, including HR, project, CRM, document, password and other records.
• Subscription — your paid or free plan to use the Service for a period.
• Order — an order form, online checkout or plan selection describing your Subscription and fees.

3. Eligibility and your account

• You must be at least 18 years old and able to enter into a binding contract. The Service is intended for business use.
• You agree to provide accurate registration information and to keep it up to date.
• You are responsible for your Account, for all activity that happens under it, and for your Authorized Users’ compliance with these Terms.
• You must keep your credentials secure and notify us promptly of any unauthorized use or security breach.
• You are responsible for configuring the roles and permissions of your Authorized Users within the Service.

4. Your right to use the Service

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service for your internal business purposes during your Subscription.

We may set reasonable usage limits — such as the number of users, storage or features — based on your plan. All rights not expressly granted to you are reserved by us.

5. Subscriptions, plans and trials

• The Service is offered on the subscription plans described in your Order or on our website.
• We may offer free trials or beta features. These may be changed or withdrawn at any time and are provided “as is” without warranty. Features marked “Beta” in the Service may be incomplete and are used at your discretion.
• Unless stated otherwise, Subscriptions renew automatically for successive periods until cancelled (see Section 12).

6. Fees, billing and renewals

• You agree to pay the fees for your plan as set out in your Order, plus any applicable taxes.
• Unless required by law or stated otherwise, fees are billed in advance and are non-refundable.
• If you add users or upgrade during a period, we may charge additional fees for the remainder of that period.
• We may change our fees; we will give you reasonable prior notice, and changes take effect at your next renewal.
• If payment is overdue, we may suspend the Service after notice, and you are responsible for reasonable costs of collection. [Payment terms and currency: to be confirmed.]

7. Acceptable use

You agree not to — and not to allow your Authorized Users or anyone else to:

• use the Service in breach of any applicable law or regulation, or in violation of anyone’s rights, including privacy and data-protection rights;
• upload, store or share content that is unlawful, infringing, defamatory or harmful, or that you do not have the right to use;
• use the Service to send spam or malicious code, or to gain unauthorized access to any system or data;
• probe, scan or test the vulnerability of the Service, or breach or circumvent any security or authentication measure;
• copy, modify, reverse engineer, decompile or create derivative works of the Service, except to the extent this restriction is prohibited by law;
• resell, rent or otherwise provide the Service to third parties, except as expressly permitted; or
• use the Service in any way that could damage, disable or impair it, or interfere with other customers.

You are solely responsible for your Workspace Data and for ensuring that you have the necessary rights and consents to collect, upload and process it in the Service — including any personal data about your employees, customers and contacts.

8. Your data and privacy

As between you and us, you own your Workspace Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display your Workspace Data as needed to provide, secure and support the Service, and as otherwise instructed by you.

We handle personal data in accordance with our Privacy Policy and applicable data-protection law, including the Hong Kong PDPO and, where relevant, the Singapore PDPA. For personal data you put into the Service about other people, you act as the data user (controller) and we act as your processor, acting on your instructions.

You are responsible for the credentials and other information you choose to store in features such as the password manager. You may export your Workspace Data using the tools we provide. On termination, Section 12 describes how we handle your data.

9. Intellectual property

The Service — including all software, technology, designs, text, graphics and content we provide (but excluding your Workspace Data) — and all related intellectual-property rights are owned by us or our licensors and are protected by law. Except for the limited rights granted in these Terms, you receive no rights in the Service.

“asDayOne”, our logo and our other marks are our trademarks; you may not use them without our prior written consent.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service, with no obligation to you.

10. Third-party services

The Service may let you connect to or use third-party products, services or content that we do not control. Your use of them is governed by the relevant third party’s terms, and we are not responsible for them. We may stop supporting a third-party integration at any time.

11. Service availability, support and changes

We aim to keep the Service available and to provide support as described in your plan. However, unless we agree a separate service-level agreement, the Service is provided without any guarantee of uptime. We may carry out maintenance and will try to give reasonable notice of planned downtime that is likely to have a significant impact.

We are continually improving the Service and may add, change or remove features. We will not make changes that materially reduce the core functionality of a paid plan during your then-current term without providing a reasonable alternative or notice.

12. Suspension and termination

• You may cancel your Subscription at any time. Cancellation takes effect at the end of your current billing period unless stated otherwise, and fees already paid are non-refundable except as required by law.
• We may suspend or limit the Service if you breach these Terms, fail to pay, or where necessary to protect the Service, other customers or the public. We will give notice where reasonable.
• We may terminate these Terms or your Account for a material breach that is not cured within a reasonable period, or immediately for serious breaches such as unlawful use or security threats.
• On termination or expiry, your right to use the Service ends. We will make your Workspace Data available for export for [30] days, after which we may delete it; it may remain in secure backups for a limited time before deletion.
• Any provisions that by their nature should survive termination — including fees due, licences necessary to complete deletion, intellectual property, disclaimers, limitation of liability, indemnities and governing law — will survive.

13. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or completely secure, or that it will meet your requirements. Any beta or free features are provided without any warranty. Nothing in these Terms excludes warranties or liabilities that cannot be excluded under applicable law.

14. Limitation of liability

To the fullest extent permitted by law:

• neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to these Terms or the Service, even if advised of the possibility; and
• our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total fees you paid to us for the Service in the [12] months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law (for example, for death or personal injury caused by negligence, or for fraud). You are responsible for keeping your own backups of important Workspace Data.

15. Indemnification

You will indemnify and hold us harmless from claims, damages, losses and reasonable costs (including legal fees) arising from your Workspace Data, your use of the Service in breach of these Terms or applicable law, or your violation of a third party’s rights. We will give you notice of the claim, reasonable cooperation, and the opportunity to control the defence — provided that any settlement affecting you requires your consent, which will not be unreasonably withheld.

16. Governing law and disputes

These Terms are governed by the laws of [the Hong Kong Special Administrative Region], without regard to its conflict-of-laws rules. You and we agree that the [courts of Hong Kong] will have [exclusive] jurisdiction over any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or an in-product notice) and update the “Last updated” date above. Changes take effect on the date stated in the notice, and your continued use of the Service after that date means you accept the updated Terms. If you do not agree, you should stop using the Service and may cancel as described in Section 12.

18. General terms

• Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us about the Service and supersede prior discussions.
• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions stay in effect.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, outages, acts of government or network failures.
• Notices. We may give notices by email or through the Service; you agree to keep your contact details current.
• Relationship. Nothing in these Terms creates a partnership, agency or employment relationship between the parties.

19. Contact us

If you have any questions about these Terms, please contact us: