Terms of Service

Effective Date: August 5, 2026


Key points


1. Agreement

These Terms of Service (“Terms”) form a binding contract between you and Daytical. “Daytical”, “we” and “us” refer to the service operator identified in §16. The Terms govern your use of the Daytical application and daytical.com.

By creating an account or using the service, you accept these Terms. If you are signing up on behalf of a school, district or other organisation, you confirm that you are authorised to bind it, and “you” means both you and that organisation.

Our Privacy Policy forms part of these Terms. If you do not accept them, please do not use Daytical.

2. The Service

Daytical provides teachers with:

We improve, change and occasionally retire features — to develop the service, maintain security, comply with the law, adapt to changes in third-party services and APIs, or keep the service commercially viable — at no additional cost to you. If a change negatively affects you in more than a minor way (for example, removing or materially degrading a feature you are paying for), we will notify you by email or in-app reasonably in advance, and you may terminate free of charge within 30 days of the notice, with a pro-rata refund of any prepaid period after termination.

Availability. We strive to keep Daytical available at all times, but we do not promise uninterrupted service. Maintenance, updates and third-party outages can cause interruptions. We will give advance notice of planned downtime where we reasonably can. We maintain our availability history on our Status Page.

3. Eligibility and Accounts

You must be at least 18 years old and an educator, school administrator or authorised school representative.

You sign in with a one-time code sent to your email address (email OTP), or with Google. Keep access to that email account secure — anyone who controls it can access your Daytical account. Notify us immediately at info@daytical.com if you suspect unauthorised access.

Provide accurate account information and keep it current. Account sharing is not permitted: every teacher and administrator needs their own login, because access to student data is scoped to the individual account. You are responsible for the activity under your account.

You may delete your account at any time from your settings.

4. Your Responsibilities Regarding Student Data

Daytical is used in classrooms, so these responsibilities deserve particular attention.

Our processing commitments. For student data we act as processor (or service provider) for you or your school, and we commit that we: process it only on the controller’s instructions, expressed through the product’s controls and these Terms; ensure the people processing it are bound by confidentiality; apply the security measures described in our Privacy Policy; engage sub-processors only as described there, under written terms no less protective; assist with data-subject and parent requests and with your security and breach-notification obligations; delete student data when you delete it or when your account is deleted; and make available the information reasonably necessary to demonstrate these commitments. Schools and districts requiring a signed, more detailed Data Processing Agreement can request one at info@daytical.com.

5. Acceptable Use

Daytical is intended for teaching and planning. You may not:

If you breach these rules, we may suspend or terminate your access — immediately, where the risk warrants it. Report abuse to info@daytical.com.

6. Content and Intellectual Property

We own the platform. The Daytical software, design, branding and features remain ours. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the service under these Terms.

You own your content. Your plans, materials, worksheets, forms, notes and your students’ data remain yours (or your school’s). We claim no ownership of them.

You grant us a limited licence to host, store, process, transmit and display your content solely to operate the service for you — including sending it to our AI providers when you use the agent, and to the sub-processors listed in our Privacy Policy. We do not sell your materials, do not use them for our own marketing without your explicit permission, and do not use your content or your students’ data to train AI models.

Feedback. If you send us ideas, feature requests or bug reports, we may use them to improve Daytical without obligation or payment to you.

Copyright complaints. If you believe content on Daytical infringes your rights, write to info@daytical.com with enough detail to identify the work and the content. We will investigate and remove infringing material.

7. AI Features

The AI agent helps you draft and refine teaching material.

8. Third-Party Integrations

Connecting Google Drive is optional, and each permission is granted separately by you. We use that access only to provide the feature you enabled. You can revoke it at any time in your Daytical settings or in your Google Account. Your use of Google services is governed by Google’s own terms; we are not responsible for their availability or for changes to their APIs, and a change on their side may limit or end an integration.

9. Plans, Payment and Referrals

Consumer right of withdrawal (EU/EEA). If you are a consumer in the EU/EEA, you may withdraw from the contract within 14 days of concluding it (that is, of signing up), without giving a reason, by writing to info@daytical.com. If you have paid us anything in that period, we will refund it in full, using the same means of payment, within 14 days of your withdrawal. You may, but need not, use this model form:

To Daytical (info@daytical.com): I hereby give notice that I withdraw from my contract for the provision of the Daytical service. — Ordered on [date] / Name of consumer / Address of consumer / Signature (only if notified on paper) / Date.

10. Privacy

How we handle personal data — yours and your students’ — is set out in our Privacy Policy, which is incorporated into these Terms. In short: we act as controller for your account data and as processor for the student data you enter; we do not sell personal data, do not disclose student data to any sub-processor other than the infrastructure host that stores our database (see the Privacy Policy’s sub-processor list), and do not train AI models on your content.

11. Export, Suspension and Termination

You can leave at any time. Export everything from Settings → Export data — a ZIP archive with PDFs of your plans, lessons, worksheets and forms, CSV files of your rosters and checklists, and a data.json of the raw records. The export is available throughout the life of your account; we recommend downloading it before requesting deletion.

Account deletion. Requesting deletion starts a 30-day grace period during which you can cancel and restore the account. At the end of that window your data is erased from our live systems, and it disappears from our rolling backups no later than 30 days after that. Once erased, it cannot be recovered. If you need faster erasure, write to info@daytical.com.

Suspension and termination by us. We may suspend or terminate your access if you breach these Terms, fail to pay, use the service unlawfully, or create a security or legal risk. Except where immediate suspension is necessary, we will tell you what the problem is and give you an opportunity to remedy it. Unless the law or a serious breach prevents it, we will give you a reasonable opportunity to export your data before termination.

Survival. Sections 6, 12, 13, 14 and 15 survive termination.

12. Disclaimers

Daytical is provided “as is” and “as available”. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the service will be uninterrupted or error-free, or that AI output will be accurate or suitable.

Nothing in these Terms excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence, for fraud, or for breach of mandatory consumer rights. Australian consumers: our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your contract with us and obtain a refund for the unused portion, or to compensation for its reduced value, and you are also entitled to compensation for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have it rectified in a reasonable time and, if it is not, to cancel your contract and obtain a refund for the unused portion. EU/EEA and other consumers: your statutory rights regarding digital content and services remain fully intact.

13. Limitation of Liability

To the maximum extent permitted by law, and subject to §12:

These limits apply to every user and every type of claim, including claims relating to personal data, with the same exceptions everywhere: they do not apply to liability for wilful misconduct or gross negligence, to the liability described in §12 that cannot be excluded by law (including death or personal injury caused by negligence, fraud, and mandatory consumer rights), or to the extent a mandatory law that applies to you does not permit liability to be limited.

Your indemnity. You will indemnify us against third-party claims arising from content you upload, from your breach of these Terms, or from your failure to obtain the consents and authorisations described in §4 — except to the extent the claim arises from our own breach.

14. Governing Law and Disputes

Informal resolution first. Write to info@daytical.com. Most problems are resolved this way, and we ask that you try it before starting formal proceedings.

Governing law. These Terms are governed by the law of the Czech Republic, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice does not deprive you of the protection of the mandatory law of your country of residence, and nothing in these Terms limits your right to bring or defend proceedings in the courts of your country of residence. These Terms do not require anyone to arbitrate and do not waive any collective-redress right.

Out-of-court dispute resolution (EU/EEA consumers). You may refer a dispute to the Czech Trade Inspection Authority (Česká obchodní inspekce, adr.coi.cz), the out-of-court dispute-resolution body competent for us, or to the consumer ADR body in your own country.

Time to bring claims. Business customers (other than Australian small businesses) must bring claims within one year of when they first knew, or reasonably should have known, of the facts giving rise to them, unless the law requires a longer period. For consumers, statutory limitation periods apply.

15. General

16. Contact

We aim to respond within 1–2 business days.