Terms of Use

Hi Grown-Ups and Kids!

Thanks for your interest in the Canary app from Tacita! Before you get started, we wanted you to be aware of what we’re doing to protect your data and how we expect you to interact with our services. To help with the legalese, we’ve included “plain English” terms that are easier to understand. If you want to use the Canary app, you have to agree to these terms. The Canary app is for adults to use so, kids, please don’t download the application without your parents’ or guardians’ permission.

Note that Section 7 contains an arbitration clause. It affects how disputes between you and Tacita may be resolved.

Legal TermsPlain English
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.These Terms describe how you can and can’t use the Canary application and related services (called “Services”). If you don’t agree to these Terms, please do not 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 update 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.If it becomes necessary for us to change these terms, we’ll post the changes on our website and do our best to bring it to your attention. If that happens, please make sure you review those changes. If you continue using our services, your continued use of the Services means you’ve accepted those changes.
2. License Rights
Subject to all terms and conditions of these Terms, Tacita grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-transferrable license to access, download and use the Services for your personal, non-commercial purposes. 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.The Services exist to help you monitor your child’s usage of online products and services and teach responsible online behavior. Once you’re licensed to use our Services, the license is intended for you and can’t be given to or shared with anyone else. As we’re always striving to make a better product, we’ll sometimes modify these Services.
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 other than in accordance with these Terms and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy laws) or 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.We have worked hard to provide the Services to you. Please don’t try to mess around with the Services or anyone else’s use of them. Use the Services in compliance with applicable laws and please mind your manners.
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.The Services are our “secret sauce” and we are the owners of all the content of the Services. You may use the Services, but we own all the rights.
3. 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. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. 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.The Services are for use by adults only. In order to use the service, you need to create an account. Anything that happens using this account is your responsibility. We will protect your account information 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.If we need to reach out to you about your account or your use of the Services, we may do so using the email address you provided as part of your account.
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.If issues arise while you are using the Services, we will try to respond as quickly as possible when you email us at support@trustcanary.com.
4. Children Accounts & Data Usage
You will need to provide account information for your child/children’s social media and online accounts, such as YouTube, Google, Instagram Twitter, Facebook, TikTok and more. By providing such account information, you represent and warrant that (a) you have the right to provide such account information to Tacita, (b) the user for whom you are providing such information is your minor child (under the age of 18 or the age of majority in your region), (c) you understand that Tacita will access the accounts on your behalf to monitor your child’s behavior. When your child is over the age of majority in your region, you must delete their account information from the application unless you have their consent to maintain it.In order to help you monitor your minor child’s use of internet and online services, you need to provide us with access to their accounts. You must be the parent or legal guardian of the child. Please only provide access to accounts that you have permission to access and delete accounts as soon as your child reaches the age of majority.
By creating an account on the Services and adding your minor child/children’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 use 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.We need to collect data about you and your child/children in order to provide the Services to you. We will use this data to make our products better, but only in a way that doesn’t identify you or your child. For more information, please see our Privacy Policy, which explains how we use data and when we might share it.
5. 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).You may choose to stop using the Services at any time and may delete your account. We may stop providing the Services at any time by notifying you.
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.If we suspect you are misusing the Services, we reserve the right to suspend your account.
6. No Warranties; Limitation of Liability; Indemnification
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 SUBJECT MATTER HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.We work hard to make sure the Services work, but we can’t guarantee that they always will. If you are unhappy with the Services, you may contact support.
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.This section limits our liability. While we work hard to provide you with the best Services, we cannot be responsible for things outside our control. If there is a lawsuit related to these Terms, our liability to you is limited to $100.
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 your breach of these Terms or you misuse of the Services.If you misuse our Services or violate these Terms and we get sued, you agree to take responsibility for the lawsuit.
7. Dispute Resolution
Except for small claims disputes in which you or Tacita seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Tacita seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Tacita waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington or by telephonic conference in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Tacita agree that any dispute arising out of or related to these Terms or our Services is personal to you and Tacita and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Tacita agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Tacita agree that for any arbitration you initiate, you will pay the filing fee and Tacita will pay the remaining JAMS fees and costs. For any arbitration initiated by Tacita, Tacita will pay all JAMS fees and costs. You and Tacita agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Tacita will not have the right to assert the claim.

If any part of this section is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, this section will be unenforceable in its entirety.
We hope that you like the Services and do not sue us, and we hope that you do not misuse the services in a manner that would require us to sue you. If that happens, we both agree to binding arbitration in King County, Washington, rather than going to court. This section waives certain rights you have, so it is very important for you to read it and understand it.
8. 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.If there’s something in these Terms that can’t be enforced or isn’t valid, that portion will be removed without changing the rest of the document.
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 govern our relationship with you and your relationship with us. If Tacita someday is acquired or merges with another company, we need to be able to transfer our obligations to the acquiring entity.
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.This is the only agreement between us related to the use of the Services, no matter what either of us say or do.
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.
If you need to send us a message, you can do so via mail, email or fax. We will communicate with you through the email address you used to sign up for the Services.
9. Copyright Claims
If you believe that anything on our Services infringes any copyright that you own or control, you may notify Tacita’s Designated Agent as follows:

Designated Agent: Copyright Agent
Address: Tacita, Inc. 999 N. Northlake Way, Seattle WA 98103 USA.
E-Mail Address: hello@trustcanary.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.
If you believe the Services or anything on our site violates your copyright, please notify us using the address provided here.
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