Enterprise Terms of Service

These Enterprise Terms of Service ("Enterprise Terms") govern the use of Daylogue by an organization ("Organization") and the individuals it authorizes ("Members"). They supplement the standard Daylogue Terms of Service, which are incorporated by reference and continue to apply.

For Organizations with a separately executed Master Services Agreement ("MSA"), Data Processing Agreement ("DPA"), or Business Associate Agreement ("BAA"), those negotiated documents control to the extent of any conflict with these Enterprise Terms.

The Organization's administrator represents that they are authorized to accept these Enterprise Terms on behalf of the Organization.

Daylogue is a wellness and pattern-reflection tool. It is not an evaluative, diagnostic, or performance-management system.

**The Organization agrees not to** use any data from Daylogue — including participation rates, reported themes, aggregate metrics, or any individual or inferred data — as a basis for hiring, firing, promotion, demotion, compensation, discipline, scheduling, or any other employment or adverse decision affecting a Member.

The Organization agrees not to coerce, require, or pressure any Member to participate, and to make participation voluntary. Member-level emotional scores are never exposed to the Organization; Daylogue surfaces only privacy-protected aggregates above its k-anonymity threshold.

This prohibition is a material term. Breach may result in suspension or termination of the Organization's access.

For Member wellness data submitted through the Service, the Organization is the controller and Daylogue is the processor, acting on the Organization's documented instructions.

For Organization administrator account data and billing data, Daylogue is the controller.

Daylogue's processing of personal data on the Organization's behalf is governed by the Daylogue Data Processing Agreement, available on request and incorporated by reference where executed. Our current subprocessors are listed at /subprocessors. Daylogue's collection and use of personal information is further described in our Privacy Policy.

Daylogue's check-in conversations and pattern summaries are generated by an AI system. Members interact with an AI, not a human. This applies to text, voice, and SMS check-ins, and disclosure is made within the product at each session. (California SB 1001 / EU AI Act Article 50.)

AI-generated content is informational only and may not always be accurate. Daylogue reads patterns across entries and surfaces them — it does not assess, diagnose, or treat any condition. Daylogue is not therapy and is not a replacement for professional care.

Organizations that are HIPAA-covered entities or business associates must execute a Business Associate Agreement (BAA) with Daylogue before any protected health information is introduced to the Service. Use without an executed BAA is not permitted for such Organizations.

Organizations in regulated verticals (including healthcare and K-12 education) are subject to a pre-certification review before Members may be invited. Certain regulated configurations may be unavailable pending completion of that review.

Daylogue applies administrative, technical, and physical safeguards designed to protect Organization and Member data, including encryption in transit and at rest, role-based access controls, audit logging, and k-anonymity protections that suppress aggregates below the configured minimum cohort size.

Member journal entries are protected by encryption in transit and strict per-user access controls. The Service is not end-to-end encrypted: Daylogue's systems read entry text in order to generate narratives and surface patterns, and where an account has an encryption key, vault storage does not guarantee that Daylogue is unable to decrypt that content. The Organization does not receive Member-level emotional scores or access to individual entries.

Daylogue will notify the Organization without undue delay upon becoming aware of a personal data breach affecting the Organization's data, consistent with applicable law and any executed DPA.

Paid Enterprise plans are billed per seat or per the terms of an executed order or MSA. Seat counts reflect active Members. Adding Members may increase fees on a prorated basis.

Unless an MSA provides otherwise, subscriptions renew automatically and may be canceled effective at the end of the current billing period. No refunds are provided for partial periods. Prices may change on 30 days' notice.

These Enterprise Terms remain in effect while the Organization uses the Service. Either party may terminate for material breach that remains uncured after written notice.

On termination, the Organization may export its administrative data and available aggregates during a 30-day window, after which Daylogue will delete or de-identify Organization data in accordance with its retention policies and any executed DPA, except where retention is required by law. Member-owned content is governed by the standard Terms of Service and each Member's own account choices.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Except for the Organization's payment obligations and either party's indemnification obligations, each party's total liability arising from these Enterprise Terms shall not exceed the amounts paid by the Organization to Daylogue in the 12 months preceding the claim. An executed MSA may set a different liability framework, which then controls.

The Organization agrees to indemnify and hold harmless Daylogue LLC and its affiliates from claims arising out of the Organization's use of the Service in violation of these Enterprise Terms, including any use of Daylogue data in employment decisions prohibited under Section 2, or any failure to obtain required Member notices or consents.

These Enterprise Terms are governed by the laws of the State of California, without regard to conflict-of-law provisions. Disputes shall be resolved exclusively in the courts located in Los Angeles County, California, unless an executed MSA provides otherwise.

Questions about these Enterprise Terms, or requests for the DPA, BAA, or subprocessor list:

Email: legal@daylogue.io

Address: Daylogue LLC Los Angeles, CA United States