Legal

Terms of Service

Effective 4 November 2026

These terms are an agreement between you and Volat Enterprises Pty Ltd (“Volat”, “we”, “us”), the operator of Dayspark. By signing in to or using Dayspark, you agree to them. If you use Dayspark for an organisation, you agree on its behalf and confirm you have authority to do so; “you” then includes that organisation.

• 1. The service
• 2. Accounts and access
• 3. Connected accounts
• 4. Your content and data
• 5. AI-generated output
• 6. Acceptable use
• 7. Fees
• 8. Our intellectual property
• 9. Confidentiality and privacy
• 10. Disclaimers
• 11. Limitation of liability
• 12. Indemnity
• 13. Suspension and termination
• 14. General
• 15. Contact

1. The service

Dayspark is a marketing software platform for agencies and businesses. It is currently offered by invitation. We may change, add or remove features over time, and we will give reasonable notice before removing a feature you rely on.

If you have a separate written agreement with us (for example, a services agreement or proposal), that agreement applies alongside these terms and takes priority where they conflict.

2. Accounts and access

• You must give accurate information and keep your sign-in secure. You are responsible for activity under your account.
• Organisation administrators control who is invited and what they can access.
• Tell us promptly at the address below if you think your account has been used without permission.

3. Connected accounts

Some Dayspark features work by connecting to accounts you control on third-party platforms. When you connect an account:

• you confirm that you are authorised to connect it and to let Dayspark act in it as you direct;
• you remain responsible for that account, including its content, spending and compliance with the platform’s own terms and advertising policies;
• Dayspark acts in connected accounts only as you or your team direct, including through settings you choose; and
• third-party platforms are not controlled by us. Their availability, data, policies and pricing can change, and we are not responsible for their acts or omissions.

4. Your content and data

You keep ownership of the content and data you put into Dayspark or that comes from your connected accounts (“Your Data”). You give us a licence to host, copy, process, transmit and display Your Data only as needed to provide, secure and support Dayspark for you. You are responsible for Your Data, including having the rights and consents needed to use it in Dayspark and in your marketing.

We may use aggregated, de-identified information about how Dayspark is used (that does not identify you, your clients or any individual) to operate and improve the service, within the limits of our Privacy Policy.

5. AI-generated output

Dayspark uses AI to help produce content and recommendations. AI output can be inaccurate, incomplete or similar to content created for others. You should review output before you approve, publish or rely on it, and you are responsible for what you choose to publish or change. Subject to these terms and the rights of third parties, you own the output Dayspark generates for you.

6. Acceptable use

You must not use Dayspark to:

• break any law, or any platform’s terms or advertising policies;
• publish content that is false or misleading, infringes anyone’s rights, or is unlawful, hateful or harassing;
• send spam, or process personal information without a lawful basis;
• access accounts or data you are not authorised to use;
• interfere with, probe or overload Dayspark, or work around its limits or security; or
• copy, resell or reverse engineer Dayspark, or use it to build a competing product.

We may remove content or limit access where we reasonably believe these rules have been broken.

7. Fees

Fees, if any, are set out in your proposal, order or separate agreement with us. Unless that says otherwise, fees are in Australian dollars and exclude GST. Amounts you pay to third-party platforms are separate from any Dayspark fees.

8. Our intellectual property

Dayspark, including its software, design and the Dayspark name and logo, belongs to Volat or its licensors. These terms give you a non-exclusive, non-transferable right to use Dayspark for your internal business purposes while your access lasts. If you send us feedback, we may use it without obligation to you.

9. Confidentiality and privacy

Each party will keep the other’s confidential information confidential and use it only for the purposes of these terms, except where disclosure is required by law. Our Privacy Policy explains how we handle personal information.

10. Disclaimers

We will provide Dayspark with due care and skill. Otherwise, to the extent the law allows, Dayspark is provided “as is”. We do not promise that it will be uninterrupted or error-free, or that it will achieve any particular marketing result. Information that comes from third-party platforms may differ from what those platforms show.

11. Limitation of liability

To the extent the law allows:

• neither party is liable for any indirect or consequential loss, or for loss of profits, revenue, data or goodwill; and
• our total liability arising out of or in connection with Dayspark or these terms is limited to the fees you paid us for Dayspark in the 12 months before the event giving rise to the claim.

This section does not limit liability for fraud, or for anything that cannot be limited by law.

12. Indemnity

You indemnify us against third-party claims arising from Your Data, the content you approve or publish, or your breach of these terms or a platform’s terms, except to the extent the claim is caused by our breach or negligence.

13. Suspension and termination

You can stop using Dayspark at any time, subject to any minimum term in a separate agreement. We may suspend or end access if you seriously breach these terms, if required by law or a platform, or to protect Dayspark or other users; where reasonable, we will give notice first. On termination your right to use Dayspark ends, and we handle Your Data as described in our Privacy Policy. You can ask us for an export of Your Data within 30 days of termination.

14. General

• Changes. We may update these terms. We will post the new version here with a new effective date and give notice of material changes by email or in the app. Continuing to use Dayspark after the changes take effect means you accept them.
• Governing law. These terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts.
• Other. If part of these terms is unenforceable, the rest still applies. A failure to enforce a right is not a waiver. You may not assign these terms without our consent; we may assign them to a successor of our business. Neither party is liable for delays caused by events beyond its reasonable control.

15. Contact