Legal
Terms of Service
Last updated: August 1, 2026
Welcome to Canary. These Terms of Service ("Terms") govern your access to and use of Canary's maintenance management platform, including our website, mobile applications, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations.
Account Registration and Access
Account Requirements
To use our Services, you must:
- Be at least 18 years old and capable of entering into a binding contract
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate and current
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
Account Responsibility
You are responsible for all activities that occur under your account. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Upload, transmit, or distribute any harmful, offensive, or illegal content
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use automated systems (bots, scrapers) to access the Services without permission
- Reverse engineer, decompile, or attempt to extract source code
- Interfere with or disrupt the Services or servers
- Use the Services to compete with us or develop competing products
- Remove or modify any copyright, trademark, or proprietary notices
Subscriptions and Payment
Subscription Plans
Our Services are offered on a subscription basis. By subscribing, you agree to pay all fees associated with your chosen plan. Subscription fees are billed in advance on a recurring basis (monthly or annually).
Payment Terms
- All fees are exclusive of taxes, which you are responsible for paying
- Payment is due immediately upon subscription or renewal
- You authorize us to charge your payment method on file for all fees
- Failed payments may result in suspension or termination of your account
Refunds and Cancellation
You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial months or unused portions of your subscription, except as required by law.
Price Changes
We may change our pricing at any time. Price changes will not affect your current subscription period but will apply to subsequent renewals. We will provide at least 30 days' notice before any price increase takes effect.
Your Data and Content
Your Content Ownership
You retain all ownership rights to the data, content, and information you submit to the Services ("Your Content"). You grant us a limited license to use, store, and process Your Content solely to provide and improve our Services.
Your Content Responsibilities
You represent and warrant that:
- You own or have the necessary rights to Your Content
- Your Content does not violate any laws or third-party rights
- Your Content does not contain viruses, malware, or harmful code
Data Backup
You are responsible for maintaining backup copies of Your Content appropriate to your operational and regulatory needs. Any backup, recovery, retention, or service-level commitments must be stated in your applicable written agreement with Canary.
Intellectual Property Rights
The Services, including all software, designs, text, graphics, logos, and other content (excluding Your Content), are owned by Canary and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes.
You may not copy, modify, distribute, sell, or lease any part of our Services or software without our express written permission.
AI Features and Machine Learning
Our Services include AI-powered features such as predictive maintenance insights, automated suggestions, and intelligent data analysis. By using these features:
- You acknowledge that AI-generated insights are probabilistic and should be reviewed by qualified personnel
- We may use aggregated, anonymized data to train and improve our AI models
- We do not use your specific data to train models for other customers
- You remain responsible for decisions made based on AI-generated insights
Service Availability and Support
Uptime and Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Services. We may perform scheduled maintenance with advance notice and emergency maintenance as needed.
Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable notice for material changes that negatively affect your use of the Services.
Customer Support
Support availability and response times vary by subscription plan. We provide support via email, in-app messaging, and other channels as specified in your plan.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee the accuracy, reliability, or completeness of any content or data provided through the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANARY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the limitation or exclusion of liability, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Canary, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.
Term and Termination
Term
These Terms begin when you first access the Services and continue until terminated by either party.
Termination by You
You may terminate these Terms at any time by canceling your subscription and ceasing all use of the Services.
Termination by Us
We may suspend or terminate your access to the Services:
- If you violate these Terms
- If your payment fails or your account becomes delinquent
- If we discontinue the Services (with reasonable notice)
- If required by law
Effect of Termination
Upon termination, your right to access and use the Services immediately ceases. We will provide you with a reasonable opportunity to export Your Content. We may delete Your Content after termination, subject to our data retention policies and legal obligations.
Dispute Resolution
Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at . We will attempt to resolve the dispute through good-faith negotiations.
Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Arbitration
Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration will be conducted in California, and judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative proceedings.
General Provisions
Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes by email or through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Canary regarding the Services.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Contact Information
If you have questions about these Terms, please contact us:
- Legal Inquiries: legal@oncanary.com
- General Support: Contact Form
- Privacy Concerns: privacy@oncanary.com
