This Terms of Service agreement (“Terms”, “ToS”, “Agreement”) governs your use of and access to the services, websites, and mobile apps (collectively, “Service”) provided and offered by Laveem, Inc. (“Laveem”, “Canary,”“us”, “we”, or “our”). Collectively, the individual or entity that visits, uses, or otherwise accesses Canary will be individually referred to as “you”, “your”, and “User.”
READ THESE TERMS BEFORE USING THE SERVICE.
- Use of Canary
- User Content and License
- Reservation of Rights and Control
- Support Updates and Modifications
- No Disruption
- No Endorsement
- Third Party Software, Hardware, and Services
- Restrictions and Limitations
Canary is an app that helps you manage your calendar from your mobile device. When you log-in to, add, or associate (collectively “link”, “linked”) a third party account through Canary, we use their provided third party API services to authenticate, access and manage your calendars. We do not store any passwords for those services on our servers. We temporarily and securely store a subset of your calendar data on your mobile device in order to accommodate some of Canary’s functions and features. Any data that Canary accesses on your behalf belongs to you, and you retain IP and ownership rights to it. In addition, you certify that you have or will provide us with accurate information, including your legal name, when you create an account on Canary.
By using Canary, you agree to allow Canary to access, manipulate and manage (collectively, “manage”, “managed”) data associated with any accounts linked to Canary, including event and contact data (all data managed, collected, distributed, or created by you via Canary will be referred to as “Content”). Please consult with these third party services for a full list of data that can be managed by their hosted API services. By using Canary, you give us permission to perform tasks that you request us to do, e.g. modifying event details, creating events, emailing invitations on your behalf. This extends to creating temporary backups of your data, either on your mobile device or on our servers. You also extend these permissions to trusted third party sites that we use to run our services, namely our web servers and mail servers.
You retain intellectual property rights and ownership over any data managed by Canary. As such, you are liable and responsible for anything you create, modify, share, attach or do on Canary, and agree that your usage is governed by these Terms and any applicable state, local, national, or international law. You agree that you have the authority to perform any actions you do while using Canary.
Subject to these Terms, Laveem hereby grants you a limited, non-exclusive, worldwide, royalty-free, revocable, terminable, personal, non-transferable, non-sublicensable, license to use Canary solely for your personal and non-commercial use as permitted by these Terms.
All right, title, and interest in and to Canary (excluding Content provided by users) are and will remain the exclusive property of Canary and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in these Terms gives you a right to use the Canary name or any of the Canary trademarks, logos, domain names, and other distinctive brand features.
Laveem may change, modify, suspend, regulate, adjust or discontinue any aspect of the Service, in whole or in part, at any time without prior notice. Laveem may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Laveem reserves the right to discontinue providing any or all of the Service at any time and to require you to cease displaying or referencing the Service or any relationship between you and Laveem, either actual or implied, for any reason including, without limitation, your violation of any provision of these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute Canary and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Canary, its users and the public.
Laveem may not offer any technical or maintenance support for Canary. Laveem may offer upgrades or updates to Canary at its sole discretion.
You will not (i) interfere with, disrupt, or create an undue burden on the networks, applications, systems or services connected to or supporting the the Service (ii) introduce or implement software or automated agents incorporating or in association with the Service or access the Service, to access, cache, store, retain, or in any way compile any copies or portion of the Content by any means other than as indicated in this Agreement; or (iii) interfere with, disrupt, or modify any data or functionality of Canary.
The Services may not be used in any manner that would constitute an endorsement (whether expressed or implied) of any products, services, activities or brands contained on your website, devices or platform.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Laveem.
You agree that you are responsible for all third party software, hardware, and services used in connection with Canary. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with the Service is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
You may not do any of the following with Canary or other software associated with the Service:
- Sell, assign, sublicense, rent, lease, lend, distribute, export, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Service, whether by operation of law or otherwise without the permission of an officer of Laveem, Inc.;
- Decompile, reverse engineer, disassemble, rent, lease, loan, distribute, or create derivative works or improvements from the Service or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Canary;
- Obtain or attempt to obtain unauthorized access to Laveem's network;
- Impersonate another Canary user, or access another Canary user’s account or data without proper consent;
- Incorporate the Service into any hardware or software device or platform that you are not authorized to use or otherwise modify;
- Use, export, or re-export Content in violation of applicable law or regulations;
- Use Canary in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
- Display the Service or Content on any website that disparages Laveem or its products or services, or that infringes any of Laveem’s intellectual property or other rights.
You shall not, and shall not allow or authorize any third party to use or display any part of the Service on any website, device or platform that, in Laveem's sole opinion, falls into any one or more of the following categories:
- Sites that incite hatred or discriminate against any specific social group or exploit persons whether based on race, religion, gender, sexuality or any other attribute or belief;
- Sites that promote, encourage or facilitate violence, disruptive behavior, terrorism or illegal activity, including activities that risk national security;
- Sites which are unsuitable for family viewing or are misleading, libelous, pornographic, or defamatory, or which promote or make available otherwise objectionable content; or
- Sites that disparage or in any manner tarnish or diminish the image or reputation of Laveem or its affiliates. You shall not, and shall not allow or authorize any third party to remove, deface, obscure, or alter Laveem's copyright notice, trademarks or other proprietary rights or attribution notices affixed to or provided as a part of any part of the Service, materials or documentation provided hereunder.
Laveem retains all ownership and other rights to Canary. All rights, title, and interest in and to Canary and, including all intellectual property rights therein, shall remain the exclusive property of Laveem and/or its licensors.
Canary and related Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws.
Canary, its logos and all other product or service names, marks or slogans displayed anywhere on the Service are registered and/or common law trademarks of Laveem, Inc. in the U.S. and/or other countries. Laveem retains all ownership and other rights to the Laveem and Canary logos, trademarks or similar materials. All other trademarks appearing in Canary or elsewhere in the Service are the property of their respective owners. All content of the Laveem and Canary websites are: © 2012 Laveem, Inc. All rights reserved.
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or (i) arising out of your use of Canary; (ii) arising from your breach of any provisions herein; or (iii) as a result of your violation of any law or the rights of a third party.
We may not monitor or control the Content posted via the Service (including without limitation Content posted by Canary’s technology). We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any data managed via Canary or endorse any opinions expressed via the Service. Any use or reliance on any data managed via the Service or obtained by you through the Service is at your own risk. Under no circumstances will Canary be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your Content will be published on the Service and may be republished, and if you do not have the right to submit Content for such use, it may subject you to liability. Canary will not be responsible or liable for any use of your Content by Canary in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, and that Canary’s use of your Content in accordance with these Terms will not violate any law or infringe the rights of any third party.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Canary is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Canary of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
By accessing or using the Canary or Services, you represent and warrant that: (i) you are thirteen (13) years of age or older upon use; (ii) you have full power and authority to enter into this Agreement; (iii) you will comply with all applicable law with respect to your performance under these Terms; and (iv) your use of Canary will not violate the rights of or any other obligation (including contractual obligation) you might have towards third parties.
All Content and services related to Canary will and should, in good faith, respect intellectual property and copyright laws. Laveem will respond to notices of alleged copyright infringement that comply with applicable law, and are properly provided to us. All allegations of copyright infringement should be provided in writing to Canary’s designated copyright agent, detailing the following information, in accordance with Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and,under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Canary’s designated agent for notice of alleged copyright infringement and other legal issues relating to Content appearing on the Service is:Laveem, Inc.
Attn: Varun Chirravuri
Attn: Copyright Agent
1 Cambridge Center, 6th Floor
Cambridge, MA 02142
Laveem reserves the right to remove Content without prior notice and at our sole discretion. Canary can and will terminate a user's account if the user is determined to be a repeat infringer.
CANARY AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU USE THE Canary AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. LAVEEM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, COMPATIBILITY, ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF CANARY OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL CANARY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS PROFESSIONALS, EXPERTS, OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH CANARY OR ASSOCIATED SERVICES SHALL CREATE ANY WARRANTY.
YOU AGREE THAT LAVEEM, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUE, USE, DATA, PROFITS, BUSINESS, OR OTHER ECONOMIC ADVANTAGE, ARISING FROM OR BASED ON YOUR USE OF THE Canary OR RELATED SERVICES. LAVEEM WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO ANY CANARY OR RELATED SERVICES, OR ANY VIRUS OR OTHER CONTAMINATION OR ANY USE OR UNAVAILABILITY OF THE WIDGETS, WIDGET CONTENT, OR RELATED SERVICES, EVEN IF LAVEEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Canary OR RELATED SERVICES, FROM INABILITY TO USE THE CANARY OR RELATED SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CANARY OR RELATED SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). UNDER NO CIRCUMSTANCES WILL LAVEEM’S LIABILITY, OR THE LIABILITY OF ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES EXCEED THE GREATER OF 1) THE AMOUNT OF FEES YOU HAVE PAID TO CANARY IN THE PRECEEDING 12 MONTHS OF THE ACTION GIVING RISE TO LIABILITY, OR 2) $100 USD.. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATED TO CANARY, MUST COMMENCE WITHIN SIX (6) MONTHS AFTER SAID CAUSE AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS BARRED, PERMANENTLY.
This Agreement shall remain in full force and effect while you are using Canary or until terminated by either party. These Terms terminate automatically if (i) you violate any terms hereof; (ii) Laveem publicly posts a written notice of termination on Laveem's website; or (iii) Laveem sends a written notice of termination (including by email message) to you directly. The provisions of these Terms which by their nature would apply after the termination shall survive termination.
Canary may terminate your license to use the Service for any or no reason at any time by ceasing to provide the Service to you. You agree to cease using any and all features of the Serviceupon receiving notice of termination from Laveem. Laveem will not have any liability whatsoever to you for termination. You may terminate by discontinuing all use of Canary and related services, and by removing all related software or code from your website, all hard drives, networks and other storage media.
Laveem reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Canary or related services following the posting of any changes to this Agreement constitutes acceptance of those changes. Laveem may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
This Agreement shall be governed by and construed and enforced in accordance with the internal laws of the Commonwealth of Massachusetts (without reference to principles of conflicts or choice of law that would cause the application of the internal laws of any other jurisdiction). Any dispute concerning or action to enforce this Agreement shall be brought in the state and federal courts located in Suffolk County, Massachusetts. You expressly consent to and agree to subject yourself to the jurisdiction of the courts in such county, federal or state, for purposes of determining any and all rights or obligations under this Agreement.
BY AGREEING TO THESE TERMS, YOU AND CANARY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY AND ALL PURPORTED CLASS OR REPRESENTATIVE PROCEEDINGS. There shall be no class claims, consolidation or joinder allowed in any dispute between the aprties, and no claim may be made through an action purporting to represent a class or Service users.
The Governing Law & Juristiction section shall survive termination of this Agreement and the termination of your relationship with Canary.
In the event you receive any inquiries or questions which relate to Canary or the Services, contact us promptly with such questions at: firstname.lastname@example.org