By registering with BinaryCanary.com, you agree to these Terms of Service between the customer ("You" or "Customer") and Binary Canary Inc. ("We" or "Us"). Our services are collectively referred to as the "Service" throughout this agreement.
The free plan allows You to use five monitors of your choice at a maximum 15 minute frequency. We also request that you link to us from the website you are monitoring.
By choosing one of the paid Service plans, You will be required to supply a credit card number, which will be kept securely on file at our payment processor. Every 30 days from your signup date, You will be charged for your plan fee.
We guarantee your satisfaction. You may choose to cancel your account within 30 day from signup, and receive a 100% refund on your fees paid.
Credit Card Expiration
If We are unable to charge your credit card for services rendered, You will be notified by email. Payment must be received within 7 days, or your account may be suspended.
We will use every reasonable effort to ensure that our services are operational 24 hours a day, 7 days a week, 365 days a year, other than occasional maintenance periods. Notwithstanding this, We are not liable for any loss of service, access, or data for any reason including, but not limited to any unforeseen or preventable failure for any reason whatsoever.
Inactivation of Failed Monitors
We retain the right to automatically inactivate monitors which have failed continuously for longer than 24 hours. If such an inactivation occurs, then the account administrators will automatically received an email notification.
From time to time, We will upgrade the online service to provide new or modify existing features and capabilities.
We will provide email support to You, provided that You are current in your payment of fees.
Protection of Password
You agree to take all necessary steps to protect your login credentials and use a reasonable secure password in order to prevent any unauthorized use of your account. Further, You agree to be held responsible for any and all use of your account which occur using your username and password. You will notify Us immediately of any unauthorized use of the password, account or breach of security.
Lawful use and Monitoring
We retain the right to monitor your use of our Services in any manner We deem appropriate to ensure that our service is only used for lawful purposes. You may not use our Service in any way which violates local or international laws.
You will be solely responsible for all use of the Service, and agree to defend, indemnify and hold Us, our directors, officers, employees, agents, contractors and affiliates, harmless from any loss, damage or liability which may result from your breach of this Agreement.
You may cancel your account at any time, with 30 days notice. You will be charged for your final 30 day period and any related usage charges.
7.1 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SPECIFIED SERVICES ARE NOT GUARANTEED AND ARE PROVIDED "AS IS" AND BINARY CANARY INC. GIVES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE SERVICE, ACCESSIBILITY, SECURITY, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
7.2 LIMITATION ON LIABILITY. IN NO EVENT SHALL BINARY CANARY INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES, BE LIABLE FOR ANY CLAIM FOR: (A) PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES; (B) DAMAGES FOR LOSS OF PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF CUSTOMER MATERIALS OR FACILITIES, INCLUDING ITS COMPUTER RESOURCES, SOFTWARE AND ANY STORED DATA; (C) INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES; (D) CONTRIBUTION, INDEMNITY OR SET-OFF IN RESPECT OF ANY CLAIMS AGAINST CUSTOMER'S; (E) ANY DAMAGES WHATSOEVER RELATING TO CUSTOMER MATERIALS OR ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY BINARY CANARY INC.; OR (F) ANY DAMAGES WHATSOEVER RELATING TO INTERRUPTION, DELAYS, ERRORS OR OMISSIONS.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM TOTAL LIABILITY FOR ANY CLAIM WHATSOEVER OF BINARY CANARY INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND AFFILIATES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, AND CUSTOMER'S SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID TO BINARY CANARY INC. UNDER THIS AGREEMENT DURING THE RECENT 3 MONTHS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN TWELVE (12) MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME WERE UNKNOWN BY CUSTOMER.
This Agreement is governed by the laws of the Province of Manitoba and the federal laws of Canada. The parties submit to the nonexclusive jurisdiction of the Courts of Manitoba. The Parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time. The Parties have required that this agreement and all documents relating thereto be drawn-up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Entire Agreement. This Agreement and any schedules or other documents referred to herein, constitutes the entire agreement between the parties relating to the Specified Services and supersedes all prior written or oral agreements, representations and other communications between the parties, and shall enure to the benefit of and be binding upon each of the Customer and Binary Canary Inc. and their respective successors and permitted assigns.
If you have any questions about our terms of service, please contact us.