Terms of Service

Terms and conditions for using the Canary document storage and delivery service.

Last updated: January 6, 2025

Service Description

What We Provide

Canary is a secure document storage and delivery service designed to help you manage your digital legacy. Our service allows you to store important documents and set up automatic delivery to designated recipients when certain conditions are met, such as failing to check in within specified timeframes.

Core Features

Our service includes secure document upload and storage, recipient management, notification scheduling, check-in systems, and automated document delivery based on your configured triggers and conditions.

Service Availability

While we strive for 99.9% uptime, we cannot guarantee uninterrupted service availability. We will provide reasonable notice of planned maintenance and work to minimize service disruptions.

User Responsibilities

Account Security

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breaches.

Content Responsibility

You are solely responsible for the content of documents you upload. You must ensure you have the legal right to store and distribute all uploaded content and that it complies with applicable laws and regulations.

Accurate Information

You must provide accurate recipient information and maintain up-to-date contact details. Incorrect information may result in failed document delivery, for which we cannot be held responsible.

Check-in Requirements

If you set up notification schedules, you are responsible for responding to check-in requests according to your configured timeline. Failure to check in will trigger automatic document delivery as per your settings.

Prohibited Uses

You may not use our service to store or distribute illegal content, copyrighted material without permission, malicious software, spam, or content that violates the rights of others. We reserve the right to remove such content and terminate accounts.

Document Ownership and Intellectual Property

Your Content Ownership

You retain full ownership of all documents and content you upload to Canary. We do not claim ownership of your documents and will not use them for any purpose other than providing our service.

License to Operate

By using our service, you grant us a limited license to store, process, and deliver your documents as necessary to provide our services, including delivering documents to your designated recipients under the conditions you specify.

Canary Intellectual Property

The Canary service, including our software, website, logos, and documentation, is our intellectual property. You may not copy, modify, distribute, or create derivative works based on our service without our written permission.

Copyright Compliance

You must ensure that all uploaded content complies with copyright laws. We will respond to valid DMCA notices and may terminate accounts of repeat copyright infringers.

Service Limitations and Liability

Service “As Is”

Canary is provided “as is” without warranties of any kind. While we implement robust security measures, we cannot guarantee that the service will be error-free, uninterrupted, or completely secure.

Limitation of Liability

Our liability is limited to the amount you have paid for the service in the 12 months preceding any claim. We are not liable for indirect, incidental, consequential, or punitive damages, including loss of data or business interruption.

Force Majeure

We are not responsible for delays or failures in service delivery caused by circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

Data Backup Responsibility

While we implement robust backup systems, you are encouraged to maintain your own copies of important documents. We recommend downloading your documents periodically as an additional safeguard.

Payment Terms

Free Tier

Canary currently offers a free tier with basic document storage and delivery features. We may introduce paid plans in the future with additional features and storage capacity.

Future Pricing

If we introduce paid plans, existing users will receive advance notice and may continue using the free tier with any applicable limitations. Paid features will be clearly identified and optional.

Usage Limits

Free accounts may be subject to reasonable usage limits including storage capacity, number of recipients, and email delivery quotas. These limits will be clearly communicated and fairly applied.

Refund Policy

For any future paid services, we will provide a clear refund policy. Currently, as a free service, no refunds are applicable.

Account Termination

Termination by You

You may terminate your account at any time through your account settings. Upon termination, your documents and data will be permanently deleted within 30 days unless otherwise required by law.

Termination by Us

We may terminate accounts that violate these terms, engage in prohibited activities, or pose security risks. We will provide reasonable notice when possible, except in cases of severe violations.

Data Retrieval

Before termination becomes effective, you will have the opportunity to download your documents and data. After the termination date, data recovery may not be possible.

Survival of Terms

Certain provisions of these terms, including intellectual property rights, limitation of liability, and dispute resolution, will survive account termination.

Changes to Terms

Updates and Modifications

We may update these terms from time to time to reflect changes in our service, legal requirements, or business practices. We will notify you of significant changes through email or service notifications.

Continued Use

Your continued use of Canary after terms updates constitutes acceptance of the new terms. If you disagree with updated terms, you may terminate your account.

Governing Law and Disputes

Applicable Law

These terms are governed by and construed in accordance with the laws of the jurisdiction where Canary operates, without regard to conflict of law principles.

Dispute Resolution

We encourage resolving disputes through direct communication. For formal disputes, both parties agree to attempt mediation before pursuing litigation in the appropriate courts.

Contact Information

If you have questions about these Terms of Service, please contact us at legal@canary-app.com. We are committed to addressing your concerns and maintaining clear communication about our service terms.