Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing and using SilentCanary ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service are governed by the laws of Ontario, Canada, and any disputes shall be resolved in the courts of Toronto, Ontario.

2. Description of Service

SilentCanary is a dead man's snitch monitoring service that helps you monitor the health and availability of your systems, applications, and services. We provide monitoring, alerting, and reporting capabilities through our web platform and API.

3. User Accounts

To use our Service, you must:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Transmit any harmful, threatening, abusive, or harassing content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use the Service for any illegal or unauthorized purpose
  • Interfere with or disrupt the Service or servers connected to the Service

5. Service Availability

While we strive to provide continuous service availability, we do not guarantee that the Service will be available 100% of the time. We reserve the right to modify, suspend, or discontinue the Service at any time without prior notice.

6. Payment and Billing

For paid plans:

  • Payment is due in advance on a monthly or annual basis
  • All fees are non-refundable except as expressly stated in our refund policy
  • We may change our pricing with 30 days' notice
  • Failure to pay may result in service suspension or termination

7. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Level Agreement

For paid plans, we provide service level commitments as outlined in our separate Service Level Agreement (SLA), which forms part of these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SILENTCANARY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Indemnification

You agree to indemnify and hold harmless SilentCanary from any claims, damages, losses, and expenses arising from your use of the Service or violation of these Terms.

11. Termination

Either party may terminate this agreement at any time. Upon termination:

  • Your right to use the Service will cease immediately
  • We may delete your account and data
  • No refunds will be provided except as required by law

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Contact Information

If you have any questions about these Terms, please contact us through our contact form.

Address: Toronto, Ontario, Canada

Questions? If you have any questions about these Terms of Service, please use our contact form.