Last Updated: August 1, 2024
Thanks for your interest in the Bright Canary app from Tacita! Bright Canary provides tools that analyze and summarize the content displayed to children through social applications, enabling parents to monitor and if desired take action to screen and restrict access to that content. Before you get started, we wanted you to be aware of how our Services work, obligations and restrictions related to the use of the Services, what we’re doing to protect your data and how we expect you to interact with our Services.
If you want to use the Services, you have to agree to these terms. Only adults aged 18 and older may use the Services.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 10 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
Legal Terms
1. Terms and Conditions
These Terms of Services (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by Tacita, Inc. (“Tacita”, “we” or “us”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.
We may make changes to these Terms from time to time. Depending on the nature of the change, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
2. Privacy
Data collection and use, including data collection and use of personally identifiable information, is governed by Tacita’s Privacy Policy which is incorporated into and is a part of these Terms.
3. License
Rights Subject to all terms and conditions of these Terms, Tacita grants you a limited, non- exclusive, non-sublicensable, non-transferrable license to access, download and use the Services for your personal, non-commercial purposes, and only for the intended purpose for which we make it available. The Services are subject to modification, restriction, or suspension from time to time at Tacita’s sole discretion, for any purpose deemed appropriate by Tacita.
4. Restrictions
You will not, and will not permit any third party to: reverse engineer (except to the limited extent applicable law expressly prohibits such a restriction), decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation, reports, or data related to or generated by the Services; modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or for any purpose other than its own internal business purposes; use the Services in any manner that infringes or violates the intellectual property rights or proprietary rights of any third party; or use the Services in any manner that is harmful, fraudulent, deceptive, threatening, abusive, obscene, libelous, or otherwise objectionable; use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or bypass any measures we may use to prevent or restrict access to the Services.
The Services, this Website and other content contained therein (collectively, the “Tacita Content”) are owned by or licensed to Tacita and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Tacita and our licensors reserve all rights in and to our Services and the Tacita Content.
5. Your Account & Communications
You may need to register for an account to access some or all of our Services. You must be at least 18 years old or the age of majority in your jurisdiction to create an account on the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You will not share your account information or your username and password with any third party or permit any third party to logon to the Services using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We may provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your account access credentials may be able to access your account so you should protect your account credentials from third party access and should not share them. We reserve the right to suspend or terminate your account if we reasonably believe that you have violated these Terms. We will use the information you provide in accordance with our Privacy Policy.
By creating an account, you also consent to receive electronic communications from Tacita (e.g., via email or by posting notices on our Services). These communications may include notices about your account (g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may elect to stop receiving electronic notices from us by notifying us at the address below.
Tacita offers email support at support@trustcanary.com. Tacita will use commercially reasonable efforts to respond to your support requests in a timely manner, but we do not promise that we can fix the problem you may be having.
Tacita allows parents and guardians to collect and view account information about your child (“Child”) on certain social media accounts as well as to view their communications using messaging applications. You will need to provide account access information for your Child’s social media, messaging, and online accounts, such as YouTube, Google, Instagram Twitter, Facebook, TikTok and more, to Tacita so that those services can share information related to your Child’s use of those services with Tacita. By providing such account access information, you represent and warrant that (a) you have the right to provide such account access information to Tacita, (b) you are the parent or legal guardian of the Child and have the legal authority to enter these Terms and use the Services, (c) you have obtained the consent of your Child to provide such account access information to Tacita and explained how Tacita works to your Child, (d) you understand that Tacita will access the accounts on your behalf to monitor your Child’s behavior and messaging, (e) when your Child is over the age of majority in your region, you will delete their account information from the Services, and (f) you will not use Tacita Services with or for anyone other than your Child.
By creating an account on the Services and adding your Child’s account information, you hereby grant Tacita an irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license to use and exercise all rights in any data collected in connection with your use (“Data”). Tacita may develop and use deidentified, aggregated, and anonymous Data to provide and improve its products and services; provided, however, Tacita will not disclose any Data to a third party in a manner that personally identifies any individual person. For more information about how Tacita uses your Data, please see our Privacy Policy.
Tacita may use any and all Data in deidentified, aggregated, and anonymous form in connection with artificial intelligence and automated decision making technology (“AI Technologies”), which includes using Data to train AI Technologies and develop and deploy artificial intelligence models. Some Data may remain in the training dataset and model for the AI Technologies. More information on our Data policies is in our Privacy Policy.
6. Pricing, Payment, and Promotions
(a) Pricing; Taxes. Prices stated for products and services exclude all applicable taxes unless stated otherwise. Transaction totals with a tax line item may reflect an estimated tax amount. The actual tax amount is calculated based on your shipping location for a single purchase or your location at the time you registered for a recurring service and many vary from the estimated tax. You are solely responsible for paying all taxes.
(b) Payments. For all charges or deposits for any events, products, and services ordered by you on or through the Service, Tacita or its vendors or agents will charge your card or alternative payment method offered by Tacita, and you agree to pay all such charges or deposits. You understand that we may hold and store your payment information to facilitate payment and deposit and damage reimbursement. When you provide card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the card or payment account. We may suspend or cancel the Service if we do not receive an on time, full payment from you. Suspension or cancellation of the Service for non-payment could result in a loss of access to and use of your account and its content. In the event legal action is necessary to collect on balances due, you agree to reimburse Tacita and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Service.
(c) Special Offers and Promotions. On occasion, Tacita may issue promotion codes for redemption at check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the total value of the promotional code exceeds the price of the item. You may not combine multiple promotional codes in one transaction. Tacita is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.
7. Third Party Links
The Services may contain links to websites that we and our affiliates do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Services, you do so entirely at your own risk.
8. Suspension & Termination
You may terminate your use of the Services at any time by deleting your account. Tacita may terminate the availability of the Services at any time for any reason or for no reason upon written notice to you (email sufficing).
Tacita may suspend or terminate your access to the Services at any time and without notice, if Tacita reasonably believes in its sole discretion that you have breached any of these Terms.
9. No Warranties; Limitation of Liability; Indemnification
YOUR USE OF THE SERVICES IS AT YOUR RISK. THE SERVICES AND ANYTHING PROVIDED BY TACITA TO YOU ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND. TACITA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ANY OTHER SUBJECT MATTER HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER TACITA NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER TACITA, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TACITA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WILL TACITA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, OR (II) DIRECT DAMAGES EXCEEDING $100; IN EACH CASE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF TACITA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
To the extent permitted by law, you shall defend, indemnify, and hold harmless Tacita, its affiliates, and each of its, and its affiliates’, employees, contractors, directors, suppliers, licensors and representatives, from and against any liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, arising from (i) your breach of these Terms or you misuse of the Services; (ii) your use of the Services in any way that is alleged to violate any third-party right, including without limitation any right of privacy (including any statutory rights established in Cal. Penal Code § 630 et seq. or any similar law of any jurisdiction), publicity rights, or intellectual property rights; (iii) your violation of any law, rule, or regulation of the United States or any other country; or (iv) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.
10. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND TACITA HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Tacita agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Tacita or (iii) any data or information you may provide to Tacita or that Tacita may gather in connection with such use, interaction, or transaction (collectively, “Tacita Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Tacita Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against Tacita, and any claim that Tacita may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any Tacita Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Tacita agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (h) below.
You further agree that:
(a) Arbitrator Will Interpret These Terms. The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable
(b) Location of Arbitration. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Tacita; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(c) Governing Law. The Arbitrator (i) will apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;
(d) No Class Relief. The Arbitration can resolve only your and Tacita’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(f) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Tacita will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(g) Reasonable Attorney’s Fees. If, through the process set forth in this Section 10, you recover an Award greater than Tacita’s last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own attorneys’ fees;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Tacita shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
(i) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Tacita in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding; and
(j) Intellectual Property Disputes. Notwithstanding the foregoing, Tacita or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
11. Miscellaneous
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
These Terms are not (by operation of law or otherwise) assignable, transferable or sublicensable by You except with Tacita’s prior written consent. Tacita may transfer and assign any of its rights and obligations under these Terms freely and without consent to an acquirer or an affiliate.
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
All notices in connection with these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid.
All messages to Tacita must be sent to:
Email: hello@trustcanary.com
Postal mail: Tacita Inc., 999 N. Northlake Way, Seattle WA 98103 USA.
All messages to you will be sent to the email address you begin communicating with us from.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Services. Tacita has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Tacita has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Tacita or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is hello@trustcanary.com.
Please provide the following notice:
We may give notice to our users of any infringement notice by means of a general notice on the Services, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
13. Apple Disclaimer. The following applies to any part of the Services you acquire from an electronic store branded, owned, or controlled by Apple or any affiliate of Apple (“App Store-Sourced Software”):
You acknowledge and agree that these Terms are solely between you and Tacita, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Tacita as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Tacita as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and Tacita acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof. You must comply with applicable third-party terms of agreement when using the App Store-Sourced Software. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties."
