TERMS OF SERVICE
Welcome, and thank you for your interest in DayBalancer LLC ("us," "we," "DayBalancer," or the "Company"), our website at https://www.daybalancer.com, and various related services (collectively, the "Services"). The Services and their features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Agreement").
This Agreement is between DayBalancer LLC, the creator of DayBalancer and the talent network ("DayBalancer"), and DayBalancer partners, users, and other individuals who access or view DayBalancer materials and content (together, the "Users"). This Agreement outlines the scope of services provided by DayBalancer and details your obligations as a User.
Scope of Services
The services provided by DayBalancer include the content, materials, tools, and assessment programs designed to provide career development and job enrichment and facilitate discussions about healthy team success. These DayBalancer services include online assessment tools, educational resources, and a network of DayBalancer Partners (together, the "Services").
Partner Services
If you are a Partner, you may use the Services to facilitate career conversations based on the results of DayBalancer data and reports.
Recruitment Services
If you are a recruiter or hiring manager representing an organization, please read or recruitment service agreement.
Assessment User Services
If you are a DayBalancer User or individual viewing or using DayBalancer content, you may use the Services to explore your career and team communications. Use of the Services does not constitute professional, financial, medical, psychological, legal, or other advice.
No content on the DayBalancer platform, regardless of date, should ever be used as a substitute for direct medical advice from your doctor or other qualified clinician.
Use of User Data
By using the Services, you grant DayBalancer permission to use your information to continue its research into healthy, successful career and team communications, in accordance with applicable data protection laws. This research may be published in academic journals or other publications; however, any use of this content will comply with the DayBalancer Privacy Policy.
Code of Conduct
By using the Services, you agree to abide by the DayBalancer Code of Conduct, which can be found at daybalancer.com/code-of-conduct. The Code of Conduct establishes standards for respectful interaction, inclusive communication, and ethical behavior within our community. Violation of the Code of Conduct may result in suspension or termination of your access to the Services.
Acceptance of Terms; Amendment
By using the Services, you agree to be bound by and comply with these Terms of Service and the DayBalancer Code of Conduct. DayBalancer may amend or modify these Terms of Service at any time, for any reason, without notice or liability. Changes are effective immediately upon posting to the DayBalancer website (https://daybalancer.com/terms-of-service). It is your responsibility to review these Terms of Service prior to use of the Services. Your continued use of the Services now, or following the posting of any changes, indicates your acceptance.
Termination
DayBalancer may, without notice or liability, change, suspend, or discontinue any portion of the Services at any time, including your access to the Services or the availability of any feature, database, or content. DayBalancer reserves the right to terminate your access to the Services if you violate these Terms of Service or the Code of Conduct. DayBalancer may terminate access if users violate these Terms of Service, the Code of Conduct, fail to report successful placements, or attempt to circumvent placement fees as outlined in our Facilitated Introductions section. If you find any of these Terms of Service or any future changes unacceptable, you may discontinue your use of the Services and cancel your registration by contacting [email protected].
Use of Services
Upon registration, you are granted permission to use the Services exclusively for your personal use or for the following professional purposes:
For Partners: To facilitate paid DayBalancer assessments with groups of users
For Hiring Managers: To identify, connect with, and evaluate potential candidates for employment or contract opportunities, with the understanding that successful placements are subject to placement fees as outlined in our Recruitment Service Agreement
For Independent Recruiters: To identify, connect with, and source potential candidates for your clients, with the understanding that successful placements will benefit from our profit-sharing model as detailed in our Recruiter Partnership Agreement
For Professionals: To network, identify business opportunities, and develop professional relationships
For Team Leaders: To build and manage teams, facilitate team communication, and enhance team performance
For Funders: To discover and connect with potential funding opportunities, with the understanding that successful funding matches are subject to finder's fees as outlined in our matching fee structures
For Communities: To create and manage customized sub-networks for your members to generate matches and connections within your group (such as a community, hub, association, or chamber) with the understanding that successful job placements, or funding matches facilitated through these sub-networks are subject to revenue-sharing fees as outlined in our sub-network agreement. This includes all types of placements:
Full-time permanent positions
Part-time positions
Temporary assignments
Contract positions
Contract-to-hire arrangements
Project-based work
Executive placements
Funding matches between investors and entrepreneurs
In all cases, your use must comply with these Terms of Service, the Code of Conduct, and any applicable Recruitment Service Agreement or Partner Agreement you may have with DayBalancer.
Fee Structure
DayBalancer offers multiple engagement models to meet the needs of different users:
Facilitated Introductions and Placement Fees
When DayBalancer facilitates connections between network members through our platform, any resulting employment, contract work, or business engagement may be subject to placement fees. By using our platform and accepting connection requests:
You acknowledge that:
DayBalancer tracks all introductions made through our platform via digital trail
Successful hiring resulting from platform introductions is subject to our standard placement fees
Current placement fees are 15% of first-year salary for full-time roles and 15% of total contract value for temporary/contract work
Placement fees are invoiced to the hiring party (employer/client) within 5 business days of candidate start date
Fee obligation exists for hires made within 6 months of the initial platform introduction
You agree to:
Notify DayBalancer of any employment or contract arrangements resulting from platform connections
Honor placement fee obligations when acting as the hiring party
Provide accurate information about start dates and compensation for fee calculation purposes
Not circumvent platform introductions to avoid placement fees
Hiring professionals and those participating in revenue sharing are also subject to our separate Service Agreement
Success-Fee Model: For organization leaders and independent workers, DayBalancer operates on a success-fee-only model, where: a. No upfront fees or subscription costs are required b. Fees are only charged upon successful placement or match c. Fee percentages vary based on placement type and are specified in the applicable agreement d. Users agree to promptly report any successful matches facilitated through the platform e. Users agree not to circumvent the platform to avoid success fees
DayBalancer reserves the right to determine which fee model applies to each user based on business size, hiring volume, and other factors. Users may request to change their fee model by contacting their account manager.
Verification of Placements
Users agree to allow DayBalancer to verify placements through reasonable means, which may include: a. Confirmation with placed candidates b. Communications with hiring entities c. Periodic audits of hiring activity d. Integration with applicant tracking systems where applicable
For users operating under the success-fee model, reporting requirements include: a. Notification of any successful placement within five (5) business days b. Providing details of the placement including start date, compensation, and role c. Cooperating with reasonable verification requests
Failure to comply with reporting requirements may result in: a. Loss of platform access b. Conversion to a different fee model c. Additional fees or penalties as outlined in applicable agreements
Account Manager Relationship
Users may be assigned an account manager based on their engagement level and fee structure.
Account managers serve multiple purposes, including: a. Providing platform support and guidance b. Optimizing matching quality and results c. Verifying successful placements d. Ensuring compliance with platform terms
Users agree to maintain reasonable communication with assigned account managers and respond to check-ins regarding platform activity and placement status.
The level of account manager support varies based on the user's fee model, with premium support provided to enterprise and subscription clients.
User Conduct
You are responsible for maintaining the confidentiality of your login and registration information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for all activities that occur under your account. You will use the Services in a manner consistent with all applicable local, state, federal, and international laws and regulations. You may not hold yourself out to be, in any way, sponsored by, affiliated with, or endorsed by DayBalancer, any of its affiliates, or any of its service providers.
Data Security and Privacy
You agree to protect the privacy and security of other users' information. You will not attempt to access, collect, store, or disclose personal data of other users without explicit permission. DayBalancer takes data security seriously and expects all users to respect privacy boundaries.
User-Generated Content and Community Interactions
The Services may include community features, forums, and interactive areas where users can create, post, transmit, and share content ("User-Generated Content"). By posting any User-Generated Content, you:
Grant DayBalancer a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with providing and promoting the Services.
Represent and warrant that you own or have the necessary rights to post such content and that it does not violate the rights of any third party or any applicable laws.
Acknowledge that DayBalancer does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User-Generated Content.
Understand that DayBalancer acts as a passive conduit for the distribution of User-Generated Content and has no obligation to screen, edit, or monitor such content.
Acknowledge that DayBalancer may remove any User-Generated Content that violates these Terms of Service or the Code of Conduct, but is under no obligation to do so.
Agree that DayBalancer shall not be liable for any User-Generated Content or for any loss or damage resulting from your reliance on such content.
Accept that opinions, advice, statements, or other information expressed by users are those of the respective author(s) and not of DayBalancer.
License; Proprietary Rights
No License
DayBalancer does not grant you any license or rights to the proprietary software, tools, or content that are part of the Services.
Protected Rights
Certain DayBalancer content provided in the Services may be protected by copyright, trademark, patent, and other proprietary rights. You may not modify, publish, transmit, reproduce, create new works from, distribute, or display the Services, DayBalancer content, or any DayBalancer trademarks, service marks, or other intellectual property. You may not adapt, translate, modify, decompile, or reverse engineer any part of the Services.
Comments and Feedback
DayBalancer welcomes your feedback, but you are under no obligation to provide it. All comments, feedback, ideas, questions, or suggestions that you submit to DayBalancer will be considered non-proprietary and may be used by DayBalancer without any obligation to compensate you for them or give you attribution.
No Warranties
The services are provided "as-is," and DayBalancer disclaims any and all representations and warranties, whether express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. DayBalancer does its best to keep the Services safe, but cannot guarantee that the DayBalancer website is free of viruses or other harmful components.
No Warranty on Assessment Results or Leaders
Because the Services rely, in part, on self-report, DayBalancer does not guarantee that the Services are error-free. DayBalancer does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than DayBalancer. Under no circumstances will DayBalancer be responsible for any loss or damage resulting from anyone's reliance on information transmitted to or by any User.
No Warranty of Uninterrupted Service
DayBalancer does not warrant that Internet-based Services will be secure, uninterrupted, always available, or error-free.
Release
In no event will DayBalancer, its officers, directors, employees, or agents be liable to you, or any third party, for any loss or damage, whether direct, indirect, consequential, exemplary, incidental, special, or punitive arising from the use of the Services or other DayBalancer materials, except in cases of willful misconduct or gross negligence. This includes, but is not limited to, any liability arising from User-Generated Content shared within our communities, interactions between users, or information shared through community features. You acknowledge that DayBalancer is not responsible for the conduct of any user and that you use our community features at your own risk.
Indemnification
You agree to indemnify and hold DayBalancer, its directors, officers, agents, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with the use of the Services; conduct in connection with the Services; or any violation of these Terms of Service, the DayBalancer Code of Conduct, the DayBalancer Privacy Policy, or of any law or the rights of any third party.
Accessibility
DayBalancer is committed to making its Services accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards. If you encounter accessibility issues, please contact us at [email protected].
Governing Law
These Terms of Service are governed by the laws of the State of Washington.
Dispute Resolution
To resolve any complaint you may have regarding the Services, you agree to first contact DayBalancer and express your concerns. Correspondence regarding any complaint should be sent to [email protected] (include Terms of Service in your subject line). If your complaint cannot be resolved through discussion with DayBalancer, any controversy or claim arising out of or relating to these Terms of Service, the Services, or any other DayBalancer materials will be settled by binding arbitration. Any controversy or claim arising out of or relating to these Terms of Service, the Services, or any other DayBalancer materials will be settled by binding arbitration, in accordance with the rules of the American Arbitration Association (AAA) or a similar body. Any controversy or claim must be arbitrated on an individual basis, and may not be consolidated with any claim or controversy of any other party. Any arbitration must take place in King County, Washington.
Updates and Notifications
We may provide notices regarding changes to these Terms of Service by posting them on our website or sending you an email. You are responsible for providing us with your current email address. If the email address you provide is incorrect or outdated, you may miss important notices.
Entire Agreement
This Agreement, including the DayBalancer Privacy Policy found here and the DayBalancer Code of Conduct, is the entire agreement between you and DayBalancer regarding your use of the Services.
Nonwaiver
If either party fails to require the other party to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other's breach of a term, that waiver does not waive a later breach of that term.
Severability
If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction under Washington law, the remainder of this Agreement will remain in full force and effect.