Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website located at www.dayalabs.com (the “Website”), operated by Laboratoires Daya Inc., doing business as Daya Labs (“Daya Labs,” “we,” “us,” or “our”).

The Website provides general information about our company, services, and technology. By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Website.

1. Website Purpose

The Website is provided for informational purposes regarding Daya Labs and the professional services we offer. These Terms apply solely to the use of this Website and its publicly accessible content.

Daya Labs is a consulting company specializing in homecare technology, including implementation and optimization of the AlayaCare platform. We do not currently offer software products or client portals through this Website. If Daya Labs introduces software products, client portals, or other online services in the future, such services will be governed by separate agreements or additional terms presented at that time.

2. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, technology, or legal requirements. Any changes will be posted on this page with an updated effective date. Your continued use of the Website after the posting of revised Terms constitutes your acceptance of those changes.

We encourage you to review these Terms periodically. For material changes, we will endeavour to provide reasonable notice, which may include a notice on the Website homepage.

3. Use of the Website

You agree to use the Website only for lawful purposes and in accordance with these Terms.

You must not:

• Use the Website in any way that violates applicable laws or regulations, including those of the Province of Quebec and Canada.
• Attempt to gain unauthorized access to any portion of the Website, its servers, or any related systems or networks.
• Introduce, transmit, or distribute malicious code, including viruses, trojans, worms, ransomware, or other harmful software.
• Interfere with or disrupt the proper functioning, security, or integrity of the Website or its infrastructure.
• Use automated tools such as bots, crawlers, scrapers, or data-mining software to collect or harvest information from the Website without our prior written permission.
• Attempt to reverse-engineer, decompile, or otherwise derive the source code of any software underlying the Website.
• Use the Website to transmit unsolicited commercial communications or engage in any conduct that could harm the reputation or interests of Daya Labs.

4. Intellectual Property

The Website and all of its content — including text, graphics, logos, images, design, and software — are owned by or licensed to Daya Labs and are protected by applicable intellectual property laws, including the Copyright Act (Canada) and applicable trademark legislation.

You may view, download, or print a reasonable number of copies of Website pages for your personal or internal business use, provided you do not modify the content and do not remove any copyright or proprietary notices.

You may not reproduce, distribute, modify, create derivative works of, publicly display, sublicense, or otherwise exploit Website content for commercial purposes without the prior written permission of Daya Labs.

Nothing in these Terms grants you any right, title, or interest in the Daya Labs name, logo, or any associated trademarks.

5. Electronic Communications

When you contact us through the Website (for example, via a contact form or email link), you consent to receiving communications from us electronically in response. We may communicate with you via email or other electronic means.

Any marketing or promotional communications we send will comply with applicable anti-spam legislation, including Canada's Anti-Spam Legislation (CASL). You may withdraw consent for marketing communications at any time by following the unsubscribe instructions included in each message or by contacting us at the address below.

6. Cookies and Tracking Technologies

The Website may use cookies and similar tracking technologies to improve your browsing experience, analyze Website traffic, and understand how visitors interact with our content. Cookies are small text files placed on your device.

We use cookies to operate and improve the Website, including analytics tools (such as Google Analytics) and marketing tools (such as HubSpot) that may set their own cookies. We do not use cookies to serve targeted advertising.

You can configure your browser to refuse cookies or to notify you when cookies are being set. Please note that disabling cookies may affect the functionality of certain Website features. For more information on how we handle personal information collected through the Website, please see our Privacy Policy.

7. Third-Party Links

The Website may contain links to third-party websites or services for your convenience. These links do not constitute an endorsement of, or affiliation with, those third parties.

Daya Labs does not control third-party websites and is not responsible for their content, accuracy, availability, privacy practices, or security. Your use of any third-party website is at your own risk and subject to that website's own terms and privacy policy.

8. No Reliance on Information

The information presented on the Website is provided for general informational purposes only. While we strive to keep content accurate, current, and complete, we make no representations or warranties as to its completeness, reliability, or accuracy.

Nothing on the Website constitutes legal, financial, regulatory, or professional advice. You should not act or refrain from acting based on information on the Website without seeking appropriate independent professional advice relevant to your specific circumstances.

9. Data Security

Daya Labs takes reasonable technical and organizational measures to protect the Website and any information transmitted through it. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

If you believe you have identified a security vulnerability or incident involving the Website, please contact us promptly at the address in Section 17 so that we may investigate and address the matter. We ask that you do not publicly disclose potential vulnerabilities before giving us a reasonable opportunity to respond.

10. Disclaimer of Warranties

The Website and its content are provided on an “as is” and “as available” basis without any representations or warranties of any kind.

To the fullest extent permitted by applicable law, Daya Labs expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Website will be continuously available, uninterrupted, error-free, secure, or free from harmful components. We reserve the right to modify, suspend, or discontinue the Website at any time without notice.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Daya Labs and its directors, officers, employees, affiliates, contractors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including loss of profits, data, or goodwill — arising out of or related to your access to or use of (or inability to use) the Website, even if advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Daya Labs and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Website; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of a third party.

13. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, disclose, and protect personal information in accordance with applicable Canadian privacy legislation, including the Act respecting the protection of personal information in the private sector (Quebec Law 25) and the Personal Information Protection and Electronic Documents Act (PIPEDA).

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website will be subject to the exclusive jurisdiction of the courts located in the Province of Quebec, and you irrevocably consent to the jurisdiction of those courts.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Daya Labs with respect to your use of the Website and supersede all prior or contemporaneous understandings, communications, or agreements relating to the same subject matter.

17. Contact

If you have questions, concerns, or requests regarding these Terms, please contact us:

Laboratoires Daya Inc. (Daya Labs)
Email: [email protected]