Daymark Terms of Use

Effective Date: May 31, 2026
Last Updated: May 31, 2026

These Terms of Use ("Terms") govern access to and use of Daymark, a governed legal-AI workspace for law firms and legal professionals (the "Service"), operated by Hypercowboy LLC, doing business as Daymark ("Daymark," "we," "us," or "our").

These Terms are written for a business-to-business service. Daymark's customers are law firms or other legal organizations ("Customers"). Individual users generally access the Service as authorized users of a Customer ("Authorized Users").

1. Acceptance and Customer Agreement

By accessing or using the Service, clicking to accept these Terms, or using an account made available by a Customer, you agree to these Terms. If you use the Service on behalf of a law firm, company, or other organization, you represent that you are authorized to use the Service for that organization.

These Terms apply to Authorized Users and to use of the Service that is not otherwise governed by a signed customer agreement, master services agreement, order form, data processing addendum, business associate agreement if applicable, security exhibit, or similar agreement with Daymark (collectively, the "Customer Agreement").

If there is a conflict between these Terms and a Customer Agreement, the Customer Agreement controls for the Customer relationship, including fees, subscriptions, support, security commitments, Customer Data processing, subprocessors, data locations, retention, export, deletion, source-code notice references, and any BAA or HIPAA-specific obligations.

Daymark may require clickwrap acceptance at account access, invitation acceptance, login, or other points in the Service. Daymark may retain records of the Terms version accepted by each user.

2. The Service

Daymark provides software tools that help law firms and legal professionals work with legal documents, matters, prompts, outputs, citations, research, and related workflows using governed AI systems.

Daymark may update, modify, suspend, or discontinue parts of the Service from time to time, subject to any commitments in the applicable Customer Agreement. Preview, beta, experimental, or early-access features may be changed or discontinued and are provided without any production commitment unless expressly stated in a Customer Agreement.

3. Eligibility and Accounts

The Service is intended for business and professional use by law firms and legal professionals. You must be at least 18 years old and authorized by the relevant Customer to use the Service.

You agree to:

provide accurate account information;
keep credentials, SSO access, API keys, and other access methods secure;
use only your own account credentials;
not share accounts or allow unauthorized users to access the Service;
promptly notify Daymark or the Customer account administrator of suspected unauthorized access; and
comply with Customer policies that apply to your use of the Service.

Customer administrators are responsible for managing Authorized Users, roles, permissions, firm access, and account configuration unless otherwise stated in the Customer Agreement.

4. No Legal Advice; Professional Responsibility

Daymark is not a law firm and does not provide legal advice. The Service, including AI-generated content, analysis, suggestions, citations, summaries, drafts, and other outputs, does not create an attorney-client relationship between Daymark and any user, Customer, client, or third party.

You are responsible for:

exercising independent professional judgment;
reviewing, validating, and approving all outputs before use;
verifying citations, quoted material, legal authority, facts, deadlines, calculations, and filing requirements;
determining whether use of the Service is appropriate for a particular matter, client, jurisdiction, or workflow;
complying with professional-responsibility, confidentiality, privilege, supervision, and client-notice obligations; and
consulting qualified professionals where appropriate.

The Service may assist legal work, but it does not replace lawyer review, legal judgment, or professional responsibility.

5. Customer Data, Inputs, and Outputs

"Customer Data" means legal-work content submitted to, uploaded to, generated in, or stored in the Service by or on behalf of a Customer or its Authorized Users. Customer Data may include client documents, matter materials, prompts, inputs, outputs, chat history, uploaded files, citations, matter metadata, and similar legal-work content.

As between Daymark and the Customer, the Customer owns Customer Data and the outputs generated from Customer Data, subject to third-party rights and applicable law. These Terms do not transfer ownership of Customer Data to Daymark.

You and the Customer authorize Daymark to host, store, copy, transmit, display, transform, and otherwise process Customer Data solely on the Customer's behalf and instructions, and only as necessary to provide, maintain, secure, troubleshoot, and support the Service; create Service-generated artifacts such as OCR text, indexes, embeddings, citations, summaries, and outputs; make backups; comply with law; prevent abuse; and fulfill the Customer Agreement. Detailed processing commitments are governed by the Customer Agreement and DPA.

These Terms do not permit Daymark to use Customer Data for its own independent purposes. Daymark does not use Customer Data for advertising, to train or fine-tune AI models, to improve AI models, or for generalized product development except as expressly permitted by the Customer Agreement.

"Usage Metadata" means content-free information about access to, interaction with, or operation of the Service, such as feature usage, request counts, timestamps, model selections, settings, performance, errors, security events, and token or cost metadata. Usage Metadata does not include Customer Data.

Daymark may use Usage Metadata and feedback to operate, support, secure, and improve the Service, provided that such use does not disclose, reveal, or include Customer Data, client documents, prompts, outputs, matter content, or Customer confidential information except as permitted by the Customer Agreement.

Support channels are not intended for submitting client documents, prompts, outputs, or privileged or confidential Customer Data unless Daymark provides a controlled support procedure for that purpose.

6. AI Output Limitations

AI-generated outputs may be inaccurate, incomplete, outdated, unsupported, biased, inconsistent, or inappropriate for your intended use. Outputs may contain hallucinated citations, misquoted authority, incorrect legal standards, incorrect summaries, or factual errors.

Outputs may not be unique. Similar inputs from different users or customers may produce similar or identical outputs. Outputs generated for other customers or users are not your Customer Data.

You are responsible for independently verifying all outputs before relying on, filing, sending, publishing, or otherwise using them.

7. Acceptable Use

You agree not to use, and not to permit others to use, the Service to:

violate any applicable law, regulation, court order, sanctions, export-control rule, or professional-conduct obligation;
infringe, misappropriate, or violate intellectual property, privacy, confidentiality, publicity, contractual, or other rights;
submit Customer Data, client information, third-party content, or confidential information without the rights, permissions, instructions, or authority required to do so;
submit protected health information or use the Service for a HIPAA-regulated workflow unless a BAA and applicable HIPAA workflow have been enabled in the Customer Agreement;
submit payment-card data, personally identifiable genetic or biometric data, or other categories of data Daymark prohibits in writing;
provide legal services to third parties without appropriate professional authorization, supervision, and human review;
rely on outputs for legal advice, filings, deadlines, client communications, or material decisions without meaningful human review;
make automated decisions that materially affect individual rights, legal representation, employment, credit, housing, education, health, or similar interests without appropriate human oversight and legal authority;
upload malware, harmful code, or materials designed to disrupt, damage, or interfere with systems or data;
attempt to gain unauthorized access to the Service, accounts, systems, networks, credentials, logs, secrets, or other users' data;
bypass, disable, or interfere with security, usage limits, audit controls, access controls, rate limits, model-routing controls, or data-governance controls;
scrape, bulk export, crawl, harvest, or use automated access except through authorized features made available by Daymark;
extract, reverse engineer, or attempt to discover non-public model weights, prompts, infrastructure, security controls, credentials, or proprietary hosted-service systems, except to the extent permitted by applicable law or applicable open-source licenses;
use the Service or outputs to build or train a competing product in violation of the Customer Agreement or applicable law;
share accounts, resell access, sublicense access, or make the Service available to unauthorized third parties; or
use the Service in a way that could harm Daymark, a Customer, a client, another user, or the integrity, security, availability, or reputation of the Service.

Daymark may investigate suspected violations and may suspend or restrict access as described in these Terms or the Customer Agreement.

8. Open Source and Source Code

Certain Daymark application components may be made available under open-source licenses, including the GNU Affero General Public License where applicable. Nothing in these Terms limits rights you may have under those open-source licenses.

Open-source license rights do not grant rights to Daymark's trademarks, hosted production environment, credentials, secrets, non-public control-plane systems, customer-specific configurations, private repositories, internal operations materials, commercial templates, legal work product, sales materials, or other materials not included in the applicable open-source release.

Daymark may provide a source-code link, source offer, or open-source notices in the Service or public repository. Your use of Daymark's hosted Service remains subject to these Terms and any Customer Agreement, while your use of open-source code is governed by the applicable open-source license.

9. Fees and Payment

Fees, subscriptions, usage allowances, credits, top-ups, taxes, payment terms, renewals, refunds, and billing disputes are governed by the applicable Order Form or Customer Agreement.

Unless Daymark separately launches self-serve billing terms, individual Authorized Users are not personally charged by these Terms solely because they use the Service through a Customer account.

10. Third-Party Services

The Service may use, connect to, or interoperate with third-party services, including cloud infrastructure, model providers, payment processors, authentication providers, support tools, analytics tools if enabled, customer-provided systems, and other vendors or integrations.

Third-party services may be subject to their own terms and privacy policies. Customer Data subprocessors, data locations, and related processing commitments are governed by the Customer Agreement, DPA, subprocessor list, and security materials.

Daymark is not responsible for third-party systems that are not controlled by Daymark, including a Customer's devices, networks, identity providers, document systems, or third-party services a Customer connects to the Service.

11. Suspension and Termination

Daymark may suspend, restrict, or terminate access to the Service if:

you or the Customer breach these Terms or the Customer Agreement;
access creates a security, legal, operational, or abuse risk;
required by law, court order, sanctions, or government request;
credentials are compromised or suspected to be compromised;
fees are unpaid under the Customer Agreement; or
continued access could harm Daymark, a Customer, client, user, third party, or the Service.

You may stop using the Service at any time. Termination, export, deletion, and post-termination access for Customer Data are governed by the Customer Agreement and DPA.

Sections that by their nature should survive termination will survive, including sections on Customer Data, AI output limitations, acceptable use, open source and source code, intellectual property, fees, disclaimers, limitation of liability, indemnification, disputes, and general terms.

12. Intellectual Property and Feedback

Daymark and its licensors retain all rights, title, and interest in and to the Service, software, hosted systems, documentation, designs, workflows, interfaces, trademarks, logos, know-how, and other Daymark materials, except for Customer Data and open-source code governed by applicable open-source licenses.

Subject to these Terms and the Customer Agreement, Daymark grants you a limited, non-exclusive, non-transferable right to access and use the Service for the Customer's internal legal-work purposes during the applicable subscription term.

If you provide suggestions, comments, ideas, requests, or feedback about Daymark, Daymark may use that feedback without restriction or compensation, provided that Daymark will not use feedback in a way that identifies Customer Data or Customer confidential information except as permitted by the Customer Agreement.

13. Confidentiality and Security

You must use reasonable care to protect Service credentials, Customer Data, and confidential information accessible through the Service. You must not access or use Customer Data unless authorized by the relevant Customer.

Daymark's confidentiality, security, incident-notice, subprocessor, audit, and data-protection commitments for Customer Data are governed by the Customer Agreement, DPA, security exhibit, and related materials.

14. Disclaimers

THE SERVICE AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" EXCEPT AS EXPRESSLY STATED IN A CUSTOMER AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYMARK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION.

DAYMARK DOES NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, UNIQUE, SUPPORTED BY CITED AUTHORITY, FREE FROM HALLUCINATIONS, SUITABLE FOR A PARTICULAR LEGAL MATTER, OR ACCEPTED BY ANY COURT, AGENCY, CLIENT, ADVERSARY, OR THIRD PARTY.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYMARK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOSS OF GOODWILL; BUSINESS INTERRUPTION; LOSS OF DATA; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM RELIANCE ON OUTPUTS WITHOUT APPROPRIATE REVIEW.

FOR CUSTOMERS WITH A CUSTOMER AGREEMENT, DAYMARK'S TOTAL LIABILITY IS GOVERNED BY THAT CUSTOMER AGREEMENT. FOR USE NOT GOVERNED BY A CUSTOMER AGREEMENT, DAYMARK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID TO DAYMARK FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.

16. Indemnification

To the extent permitted by law and the applicable Customer Agreement, you agree to defend, indemnify, and hold harmless Daymark and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against claims, damages, liabilities, losses, costs, and expenses arising out of or relating to:

your use of the Service;
Customer Data, inputs, outputs, or materials submitted or used by you;
your breach of these Terms;
your violation of law, professional obligations, or third-party rights;
unauthorized use of your account or credentials; or
use of outputs without appropriate human review.

If a Customer Agreement contains indemnification terms, those terms control for the Customer relationship.

17. Disputes; Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law rules, except to the extent a Customer Agreement provides otherwise.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that is not governed by a Customer Agreement will be resolved by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Evansville, Indiana before one arbitrator, unless the parties agree otherwise.

You and Daymark agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action.

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, security, or unauthorized access to the Service.

18. Changes to These Terms

Daymark may update these Terms from time to time. Updated Terms will be posted on Daymark's website or made available through the Service. If changes are material, Daymark will provide notice as appropriate, such as by email, in-product notice, or other reasonable method.

Updates will not retroactively reduce Customer Data, confidentiality, security, or DPA commitments in a signed Customer Agreement unless the Customer agrees.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms, subject to the Customer Agreement.

19. Notices and Contact

Daymark may send notices to the email address associated with your account or to the Customer contact information on file.

If you have questions about these Terms, contact Daymark at:

Hypercowboy LLC d/b/a Daymark
Attn: Legal
318 Main Street, Ste 101
Evansville, Indiana 47708
Email: hello@daymarklaw.com
Website: www.DaymarkLaw.com

20. Miscellaneous

These Terms, together with the Privacy Policy and any Customer Agreement, form the agreement governing your use of the Service. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Daymark's failure to enforce a provision is not a waiver. You may not assign these Terms without Daymark's prior written consent. Daymark may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law.

Daymark will not be liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, labor disputes, internet or utility failures, war, terrorism, civil unrest, government action, public health emergencies, provider outages, or other force majeure events.

21. Attribution

Portions of these Terms were adapted from the Basecamp open-source policies / CC BY 4.0.