Terms of Service
Welcome to Canary. These Terms of Service ("Terms") are a legal agreement between you and BLI Entertainment ("Canary," "we," "us," or "our") governing your use of the Canary website, mobile app, and related services (the "Service").
By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. What Canary is
Canary is a lifestyle air-quality awareness app. It watches places you choose, explains current air in plain language, and can alert you when conditions cross a threshold you set. It is designed to help you plan everyday activities, such as deciding when to go outside or check on a school.
2. Not medical or emergency advice
Canary is not medical advice, a medical device, an emergency alert system, or an official public-health source. It supports, and never replaces, the guidance of a qualified clinician and your local authorities. For symptoms, medical decisions, wildfire danger, evacuations, or any emergency, follow your clinician and official emergency sources. Never disregard or delay professional advice because of something you saw in Canary.
3. Eligibility
You must be at least 13 years old to use the Service, and at least 18 years old (or the age of majority where you live) to purchase a subscription. If you are under 18, you may use Canary only with the consent and involvement of a parent or guardian who agrees to these Terms.
4. Accounts and your device
Canary ties your settings and subscription to your device. You are responsible for maintaining the security of your device and for activity that occurs through it. Some features require you to grant permissions (such as notifications or location); you can manage these in your device settings.
5. Subscriptions, trials, and billing
- Free trial: new users may receive a 14-day free trial of Canary+. If you do not cancel before the trial ends, it converts to a paid subscription and your payment method is charged.
- Canary+: Canary+ is offered as an auto-renewing subscription (for example, $4.99/month). Pricing, plans, and features are shown at the point of purchase and may change over time.
- How you are billed: purchases made in the mobile app are processed by the Apple App Store or Google Play through their in-app purchase systems; any web purchases are processed by Stripe.
- Auto-renewal: subscriptions renew automatically at the then-current price until cancelled. You can cancel anytime through your app-store account settings (for in-app purchases) or through the billing portal we provide (for web purchases). Cancellation takes effect at the end of the current billing period.
- Refunds: except where required by law, payments are non-refundable. Refunds for App Store or Google Play purchases are handled by Apple or Google under their policies.
- Price changes: we will give reasonable advance notice of any price change, which will apply to your next renewal.
- Free tier: if we offer a free tier after the trial, it may include limited features, such as fewer daily air checks or a single watched place.
6. Acceptable use
You agree not to misuse the Service. You will not: reverse engineer, scrape, or overload the Service; interfere with its security; use it to violate any law; resell or commercially exploit it without permission; or attempt to access accounts, data, or systems that are not yours.
7. Intellectual property and your license
The Service, including its software, design, branding, the Canary name and bird mark, and content we provide, is owned by us or our licensors and is protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use in accordance with these Terms. Share cards you generate are yours to share, provided you do not remove Canary branding or misrepresent them.
8. Your feedback
If you send feedback, ideas, or suggestions, you grant us a worldwide, royalty-free, perpetual license to use them to operate and improve the Service, without obligation to you.
9. Third-party services and data
Canary relies on third-party services and data sources, including air-quality and geocoding providers (such as Open-Meteo), app stores, and payment processors. Their content and services are their responsibility, and your use of them may be subject to their own terms.
10. Data accuracy and availability
Air-quality readings, forecasts, notifications, and share cards are provided on an "as available" basis and may be delayed, inaccurate, incomplete, or unavailable, and are based on modeled or third-party data. Treat Canary as a helpful heads-up, not a guarantee, and do not rely on it as your sole source of information about air quality or safety.
11. Disclaimer of warranties
The service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure, or error-free.
12. Limitation of liability
To the maximum extent permitted by law, Canary and its owners, officers, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from or related to your use of (or inability to use) the service. Our total liability for any claim relating to the service will not exceed the greater of the amount you paid us in the 12 months before the claim or twenty U.S. dollars ($20).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless Canary and its owners and suppliers from any claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the Service or violation of these Terms.
14. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
15. Changes to the Service and Terms
We may change or discontinue features, and we may update these Terms. For material changes we will update the "Last updated" date and provide additional notice through the Service. Your continued use after changes take effect means you accept the updated Terms.
16. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 17, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction there.
17. Dispute resolution, arbitration, and class action waiver
Please read this section carefully. It requires you and Canary to resolve most disputes through binding individual arbitration, and it waives your right to a jury trial and to participate in class actions.
Informal resolution first. Before starting an arbitration, you agree to email support@canaryapp.us with a description of your dispute and to give us 30 days to try to resolve it informally and in good faith.
Binding arbitration. If the dispute is not resolved within 30 days, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court, except as provided below. The arbitration will take place in Los Angeles County, California, or, at your election, by telephone or videoconference or based solely on written submissions. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this section, and may award the same relief a court could on an individual basis. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class action waiver. You and Canary agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to the Service. Nothing here prevents you from reporting a concern to a government agency.
30-day right to opt out. You may opt out of this arbitration and class action waiver section by emailing support@canaryapp.us with the subject line "Arbitration opt-out" within 30 days of first accepting these Terms, and including your name and the email associated with your Canary use. Opting out will not affect any other part of these Terms.
Jury trial waiver. If for any reason a dispute proceeds in court rather than in arbitration, you and Canary each waive any right to a jury trial.
18. Apple and Google terms
If you download Canary from the Apple App Store or Google Play, you also agree to their applicable terms. Where required, Apple and Google are third-party beneficiaries of these Terms with the right to enforce them, and the app-store provider is not responsible for the Service or any claims relating to it.
19. Contact
Questions about these Terms: support@canaryapp.us.
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