Terms of Service
Effective Date: August 5, 2026
Key points
- What Daytical is. A digital teacher planner and micro LMS for K-12 educators: yearly, unit and lesson planning, worksheets and forms, course rosters and checklists, daily and weekly planning rituals, an AI agent, and an optional Google Drive integration.
- Who is it for and who can use it. Teachers and other authorised school staff aged 18 or over and students under the guidance of an educator.
- Content rights. We claim no rights on any of the content you import to or create (or co-create with our AI agent) in Daytical. You can export all of your materials in open formats (PDF, CSV) at any time.
- Student data. Daytical doesn’t require you to enter student data to use the service. However lot of features like autograding and course management need to work with a roster. Even then we require the least amount of data (name and email) and use it solely for the purpose of delivering educational service. We apply strict controls on students data - more information in our Privacy Policy.
- AI makes mistakes. Daytical uses large language models for two key features - autograding worksheet exercises and content creation (AI agent). For the autograding, it’s important to note that you are still responsible for accurate and fair assessment of student classwork.
- Billing. Daytical is billed as a monthly or annual subscription with a usage limit which resets monthly. Current pricing is shown in the application billing module. We offer 14-day free trial for new users without requiring a billing method upfront.
- Ending your account. Close it at any time — deletion runs after a 30-day grace period. We may suspend an account that breaches these Terms.
- Law and disputes. Czech law governs, with your local mandatory consumer protections intact. We aim to resolve problems informally first.
- Contact. info@daytical.com.
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:
- planning tools — yearly plans, unit plans, lesson plans, homework templates, worksheets and forms, curriculum standards;
- course management — rosters, timetables, units, lessons, homework, checklists;
- planning rituals — daily commit and shutdown, weekly planning and reflection;
- an AI agent for drafting and refining teaching material;
- an optional integration with Google Drive.
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.
- You, or the school on whose behalf you act, are the controller of the student data you enter or import; we act as processor. You determine what is entered.
- Enter only what you are authorised to enter. By entering student data you confirm that your school permits your use of Daytical for it, that you have a lawful basis, and that any parental consent or school authorisation your jurisdiction requires (GDPR, FERPA, state student-privacy laws, PIPEDA, the Australian Privacy Act, and any school or district policy that applies to you) has been obtained. Where the law that applies to your school requires a written agreement with us before student data may be entered, you must put one in place first — request our DPA at info@daytical.com.
- Children under 13. For students under 13 we rely on your school’s authorisation rather than asking you to obtain parental consent on our behalf — see our Privacy Policy. Do not enter data about a student under 13 unless you are acting under a school’s authorisation.
- Collect the minimum. Daytical asks only for a student’s first name, last name and email address used as a duplicate-prevention identifier. Do not enter additional student personal data into free-text fields, and do not paste student personal data into the AI agent.
- You control removal. You can edit, export and delete student records, courses and rosters at any time using the in-app controls, and must do so when a school or guardian asks you to.
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:
- upload or distribute malware, or attempt to disrupt the service;
- attempt to access data belonging to another teacher, school or organisation, or bypass any security or access control;
- probe, scan or load-test the service without our written permission;
- scrape the service, or use it to build a competing product;
- resell, sublicense or provide the service to third parties outside your own school or organisation, unless we have agreed otherwise in writing;
- upload content that is illegal, abusive, discriminatory, sexually explicit or infringing;
- send spam or unsolicited commercial messages through any Daytical feature, including referral invitations;
- misrepresent your identity or your authority to act for a school;
- use the AI agent to generate content that is illegal, harmful, or aimed at identifying or profiling individual students;
- breach applicable educational privacy law with data you put into or take out of Daytical.
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.
- It is a drafting tool. Output can be inaccurate, incomplete or unsuitable. As the educator, you review, correct and take responsibility for anything you use with your students. Do not treat it as a substitute for professional or legal judgement.
- What it processes. Your prompts and your planning content. It is designed so that student names and contact details are not exposed to the model. Do not paste student or other third-party personal data into it.
- Metering. AI usage is metered against your plan’s allowance. Additional credits may be purchased. Allowances, models and limits may change; we will give notice of material reductions to a paid allowance.
- Fair use. We may rate-limit or suspend AI access in cases of automated, abusive or excessive use.
- Ownership of output. As between you and us, you own the output you generate, subject to our AI providers’ terms and to the fact that similar output may be generated for others. AI output may not be eligible for copyright protection in some jurisdictions.
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
- Trial. Where we offer a trial, its length and included allowances are shown when you sign up. After trial ends, we ask you to upgrade to a paid plan. If you decide not to upgrade, you can export all of your data and your account will be scheduled for deletion within 30 days since the trial expiration date.
- Billing. Subscriptions are billed in advance, monthly or annually, through our billing provider. Prices are shown before checkout and, for consumers, include applicable VAT.
- Changes to your plan. You may upgrade, downgrade or cancel at any time in your billing settings. Cancellation stops the next renewal; you keep paid features until the end of the current period.
- Refunds. Outside statutory rights, we do not refund partial billing periods. We will always honour a refund where the law requires one, and we take a reasonable approach to genuine mistakes — contact us at info@daytical.com.
- Price changes. We give at least 30 days’ notice before a change affects you; you may cancel before it takes effect.
- Failed payment. We may suspend paid features after a failed payment and reasonable notice. Your data remains intact during suspension, subject to §11.
- Referral credits. Referral rewards are granted at our discretion for genuine referrals of new users. We may withhold or reverse credits obtained through self-referral, fake accounts, spam or other abuse.
- Taxes. Prices exclude any taxes for which you are separately liable as a business customer; those are your responsibility.
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:
- neither party is liable for indirect, incidental, special, punitive or consequential damages, or for lost profits, revenue or data (beyond our restoration obligations);
- our total aggregate liability for all claims arising out of or relating to the service in any 12-month period is limited to the greater of the amounts you paid us in the 12 months preceding the event giving rise to the claim, or EUR 100.
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
- Changes to these Terms. We may amend these Terms — including the described features, plans and pricing, and the terms themselves — to reflect changes in the service, our providers, the law, security requirements or commercial conditions. For material changes we give at least 30 days’ notice by email or in-app before they take effect, stating what is changing and from when. If you do not accept a change, cancel before its effective date, free of charge, and we will refund the unused part of any prepaid period; continuing to use Daytical after the effective date means you accept it.
- Severability. If a provision is unenforceable, it is limited to the minimum extent necessary and the remainder stands.
- Entire agreement. These Terms, the Privacy Policy and any DPA or order form we sign with you constitute the entire agreement about the service.
- No waiver. A failure to enforce a right once does not waive it.
- Assignment. You may not assign these Terms without our written consent. We may assign them in a merger, acquisition or asset sale, subject to the notice promised in the Privacy Policy.
- Force majeure. Neither party is liable for failures caused by events beyond its reasonable control, excluding payment obligations.
- Notices. We contact you at your account email address; you contact us at info@daytical.com.
- Language. These Terms are drawn up in English. Any translation is provided for convenience; the English version governs.
16. Contact
- Email: info@daytical.com
- Website: https://daytical.com
- Operator: Doubek Industries s. r. o., Husitská 73, 417 41 Krupka, Czech Republic · Reg. No. 09188690
We aim to respond within 1–2 business days.