Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between Daymi, Inc. (“Daymi,” “Pollen,” “we,” “us,” or “our”) and the person or entity that accesses or uses the Services (“Customer,” “you,” or “your”). They govern your access to and use of Pollen’s websites, web application, and related services (together, the “Services”).

By accessing or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

If you and Daymi have a separate written agreement or order form for the Services, that agreement controls over any conflicting term in these Terms.

2. The Services

Pollen provides software that helps firms automate document-heavy client workflows — reading client documents, organizing their contents into a reviewable record, and helping to populate carrier applications and forms. Pollen may configure workflows tailored to a firm’s process.

The Services keep a person in the loop: output is presented for review by the firm before it is relied upon. We may update, change, or discontinue features from time to time. Features identified as beta, trial, or preview are provided “as is,” may change or be withdrawn, and are excluded from any service commitments.

3. Definitions

• “Authorized User” means an individual the Customer permits to use the Services on its behalf, such as a partner, employee, or contractor.
• “Client” means a client of the Customer whose information the Customer submits to the Services.
• “Client Data” means documents and information that the Customer or its Clients submit to or generate through the Services, including the personal information they contain.
• “Documentation” means usage materials we make available for the Services.
• “Order Form” means an ordering document or online order describing the Services purchased and the fees.

4. Accounts and authorized users

• Eligibility. You must be at least 18 years old and able to form a binding contract to use the Services.
• Accurate information. You agree to provide accurate account information and to keep it current.
• Credentials. You are responsible for safeguarding sign-in credentials and for all activity under your account. Notify us promptly of any unauthorized use.
• Authorized Users. You are responsible for your Authorized Users’ compliance with these Terms and for all activity they conduct through the Services.

5. Customer responsibilities

You are responsible for your use of the Services and for the Client Data you submit. You represent and agree that:

• you have all rights, lawful bases, and consents necessary to submit Client Data to the Services and to have it processed as described in these Terms and the Privacy Policy;
• you will provide any notices to, and obtain any consents from, your Clients required by applicable law;
• you will use the Services in compliance with all applicable laws and professional and regulatory obligations, including those governing insurance, financial services, and privacy; and
• you remain solely responsible for your professional judgment and for any return, application, filing, or advice you deliver to a Client.

6. Acceptable use

You agree not to, and not to permit anyone to:

• use the Services in violation of any law or third-party right, or submit content you do not have the right to submit;
• upload malware or any code intended to disrupt or harm the Services;
• reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent the law prohibits this restriction;
• access the Services to build a competing product or to copy their features or design;
• probe, scan, or test the vulnerability of the Services, or breach or circumvent security or access controls;
• use automated means to scrape or extract data except through functionality we provide;
• interfere with or place undue burden on the Services or their infrastructure; or
• rely on the Services’ output as a substitute for professional review and judgment (see Section 8).

7. Client Data and privacy

• Ownership. As between the parties, the Customer and its Clients own Client Data. We claim no ownership of it.
• License to operate. You grant Daymi a non-exclusive, worldwide license to host, copy, process, transmit, and display Client Data as needed to provide, secure, and maintain the Services, and as otherwise permitted by the Privacy Policy.
• Processing. We process Client Data in accordance with our Privacy Policy and any applicable data-processing addendum (“DPA”). Where a DPA is in place, it governs the processing of personal information within Client Data.
• Aggregated data. We may create and use aggregated or de-identified data that does not identify you, your Clients, or any individual, to operate and improve the Services.
• No model training. We do not use Client Data to train our own or any third party’s general-purpose AI models, and we contractually restrict our AI sub-processors from doing so.

8. AI output; no professional advice

Automated output. The Services use automated tools, including AI, to read documents and to extract, organize, and populate information. These tools can be inaccurate or incomplete and may produce errors or omissions.

Human review required. All output is provided as a draft for review. You are responsible for reviewing and verifying output before relying on it, filing it, or delivering it to a Client. Do not use the Services as the sole basis for any filing or decision.

No professional advice. Pollen is a software tool. It does not provide legal, insurance, financial, or other professional advice, and using the Services does not create any professional-client relationship. Your licensed professionals are solely responsible for the advice, returns, applications, and filings they produce.

9. Intellectual property

The Services — including all software, models and their configuration, designs, text, and other materials we provide (excluding Client Data), and all intellectual-property rights in them — are owned by Daymi and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the term, solely for your internal business purposes and subject to these Terms.

Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction. Trademarks. “Pollen,” “Daymi,” and our logos are our trademarks; you may not use them without our prior written consent.

10. Third-party services and integrations

The Services rely on third-party sub-processors and may offer optional integrations. Your use of an integration may be subject to the third party’s terms, and we are not responsible for third-party services. By enabling an integration, you authorize us to access and exchange the information necessary to operate it on your behalf. We may engage sub-processors to provide the Services, as described in our Privacy Policy.

11. Fees and payment

Fees for the Services, if any, are set out in the applicable Order Form or written agreement. Unless that document says otherwise, fees are non-refundable, are exclusive of taxes (for which you are responsible, other than taxes on our income), and are due as invoiced. Late amounts may accrue interest at the lower of 1.5% per month or the maximum allowed by law. If the Services are offered free of charge or as a trial, we may modify or discontinue them at any time.

12. Confidentiality

Each party may receive the other’s confidential information. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to representatives who need to know and are bound by similar obligations. This does not apply to information that is public, independently developed, or rightfully received from a third party. A party may disclose confidential information if compelled by law, after giving reasonable notice where permitted. Client Data is the Customer’s confidential information.

13. Term and termination

• Term. These Terms apply while you use the Services or for the term stated in an Order Form.
• Termination for convenience. Either party may stop using or providing the Services, or terminate these Terms, on reasonable notice, unless an Order Form says otherwise.
• Termination for cause. Either party may terminate for the other’s material breach that remains uncured 30 days after written notice.
• Suspension. We may suspend access if your use poses a security risk, violates the Acceptable Use section, or is required by law.
• Effect of termination. Your right to use the Services ends. On request made within 30 days of termination, we will make Client Data available for export; after that, we may delete Client Data in the ordinary course, subject to backups and legal requirements. Provisions that by their nature should survive — including ownership, confidentiality, disclaimers, limitation of liability, and indemnification — survive.

14. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND DAYMI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted or error-free, or that output will be accurate or complete. You are responsible for reviewing output as described in Section 8.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EACH PARTY’S INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) US $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless Daymi and its officers, directors, employees, and agents from and against any third-party claims, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) Client Data, including its submission and processing; (b) your use of the Services; (c) your breach of these Terms or of applicable law; or (d) your violation of any third-party right. We will notify you of the claim, give you control of the defense (with our right to participate), and reasonably cooperate.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties will first try in good faith to resolve any dispute informally. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California; each party consents to personal jurisdiction and venue there and waives any right to a jury trial. Nothing here prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.

18. Changes to the Services or these Terms

We may modify these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Changes take effect when posted (or on the date stated). Your continued use of the Services after changes take effect means you accept the revised Terms. If you do not agree, stop using the Services.

19. General

• Entire agreement. These Terms, the Privacy Policy, and any Order Form or written agreement are the entire agreement between the parties on this subject and supersede prior discussions.
• Order of precedence. If there is a conflict, a signed Order Form or written agreement controls, then these Terms, then the Privacy Policy.
• Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets; we may assign freely.
• Severability and waiver. If any provision is unenforceable, the rest remains in effect; failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may provide notices through the Services or by email; you may contact us using the details below.
• Relationship. The parties are independent contractors; these Terms create no agency, partnership, or joint venture.

20. Contact us

Questions about these Terms? Contact us at: