These Terms of Service ("Agreement") govern your use of services provided by Midday, a sub-brand wholly owned by Anyday Inc., a corporation organized under the laws of the Province of Ontario, Canada ("Midday", "we", "us", or "our"). By subscribing to or using Midday’s services, you ("Client" or "you") agree to be legally bound by these terms. If you do not agree, you may not access or use the services.
This Agreement becomes effective when you activate a paid subscription and remains in effect so long as your subscription is active and payments are current. This Agreement will automatically terminate upon cancellation, non-payment, or material breach.
Midday provides ongoing subscription-based services, including but not limited to:
Our service plans are continuously evolving, and we reserve the right to update or change the details of our offerings at any time without prior notice. Midday’s services are not governed by statements of work and are not project-based.
All fees are billed monthly in advance and must be paid by credit card through automated billing. By subscribing, you authorize us to charge your payment method each billing cycle unless you cancel prior to the next renewal date.
No refunds are provided for unused time, partial months, or services not utilized. If services rendered exceed the subscribed plan’s allocation, we may continue service at our discretion. If you cancel and have exceeded your plan limits, your payment method will be automatically charged for all additional hours incurred.
Unused service hours may roll over for up to three consecutive billing cycles. After three cycles, unused hours will expire automatically. Rollover hours are valid only while your subscription remains active. If your plan is paused or terminated, all accrued rollover hours will be forfeited and cannot be reinstated or refunded. Rollover hours have no cash value and are not transferable.
Midday retains all rights, title, and interest in and to any proprietary methods, frameworks, code, libraries, templates, tools, and processes that existed prior to or were developed independently of your subscription ("Midday Intellectual Property").
Upon full payment of all applicable fees, you will own the final deliverables created during your subscription, excluding any embedded Midday Intellectual Property. Where Midday Intellectual Property is included in deliverables, you are granted a limited, non-exclusive, non-transferable, perpetual license to use it solely as integrated within those deliverables.
Midday reserves the right to showcase non-confidential aspects of completed deliverables for portfolio or promotional purposes, unless you object in writing.
Both parties agree to maintain the confidentiality of all non-public business, financial, technical, or proprietary information shared in connection with the services ("Confidential Information"). Confidential Information shall not be disclosed to any third party, except as required by law or necessary for the delivery of services.
Midday may utilize third-party platforms and cloud-based tools to store or process data. While we select providers with strong security standards, we are not responsible for breaches caused by third-party services.
You agree not to solicit, hire, contract, or otherwise engage, directly or indirectly, any employee, contractor, or representative of Midday or Anyday Inc. for services similar to those provided under this Agreement. This restriction is indefinite and survives the termination of this Agreement.
You agree to indemnify and hold harmless Midday, its parent company, officers, employees, and contractors from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your breach of this Agreement or violation of applicable laws.
To the fullest extent permitted by law, Midday’s total cumulative liability to you for any claim arising out of or related to the services will not exceed the total amount paid to Midday by you in the twelve-month period preceding the event giving rise to the claim.
Midday shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including lost profits, loss of business, or loss of data, even if advised of the possibility of such damages.
All services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. Midday disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent to the exclusive jurisdiction of the courts in Ontario for any legal proceeding arising from or relating to this Agreement.
These Terms, along with our Privacy Policy and any written policies incorporated by reference, constitute the complete and exclusive understanding between you and Midday with respect to the subject matter herein. We may update these Terms at any time. Continued use of our services following any changes constitutes acceptance of those changes.