End User License Agreement

Subject to the terms of this Agreement, Canary grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely for your personal, non-commercial purposes and only as permitted by the operator that deployed the Software to you.

This license does not include any right to: (a) sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Software; (b) modify, translate, adapt, or create derivative works based on the Software; or (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, except as expressly permitted by applicable law.

You agree not to use the Software to:

• Violate any applicable local, national, or international law or regulation.
• Transmit any unsolicited or unauthorised advertising, promotional material, spam, or any other form of similar solicitation.
• Transmit any material that is defamatory, obscene, offensive, hateful, or inflammatory.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Probe, scan, or test the vulnerability of the Software or any system or network connected to it.
• Attempt to gain unauthorised access to any portion of the Software or its related systems.
• Interfere with or disrupt the integrity or performance of the Software or data contained therein.
• Collect or harvest any personally identifiable information from the Software without authorisation.
• Use automated means (bots, scrapers, crawlers) to access or interact with the Software.
• Engage in any activity that could damage, disable, overburden, or impair the Software.

The Software, including all content, features, functionality, underlying technology, algorithms, models, trademarks, and associated documentation, is and shall remain the exclusive property of Canary and its licensors. Nothing in this Agreement transfers or grants you any ownership rights in the Software.

Any feedback, suggestions, ideas, or other input you provide regarding the Software ("Feedback") is voluntary. You grant Canary a perpetual, irrevocable, royalty-free, worldwide licence to use, incorporate, and commercialise such Feedback without restriction or compensation to you.

Your use of the Software does not grant you rights to any AI outputs beyond the limited licence described in Section 1. Canary retains all rights in the underlying models and any improvements derived from their operation.

Any text, queries, data, or other content you submit to the Software ("User Content") remains yours. You grant Canary and the operator that deployed the Software a limited licence to process your User Content solely as necessary to operate and improve the Software in accordance with Canary's Privacy Policy.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third-party intellectual property rights or violate any applicable law.

Your use of the Software is also governed by Canary's Privacy Policy, available at assistantcanary.com/privacy-policy, which is incorporated into this Agreement by reference. By using the Software, you consent to the collection and use of your information as described therein.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASSISTANTCANARY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ASSISTANTCANARY DOES NOT WARRANT THAT: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY ERRORS WILL BE CORRECTED.

AI-generated responses are probabilistic and may contain inaccuracies. You are responsible for independently verifying any information provided by the Software before relying on it for any purpose.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSISTANTCANARY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SOFTWARE, EVEN IF ASSISTANTCANARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ASSISTANTCANARY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE SOFTWARE IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

You agree to defend, indemnify, and hold harmless Canary and its affiliates, licensors, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Software; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any third-party right, including any intellectual property or privacy right.

This Agreement is effective until terminated. Your right to use the Software will terminate automatically and without notice if you fail to comply with any term of this Agreement. Canary may also suspend or terminate your access to the Software at any time, for any reason, with or without notice.

Upon termination: (a) the licence granted to you under this Agreement will immediately cease; (b) you must stop all use of the Software; and (c) Sections 3, 5, 6, 7, 8, 10, and 11 shall survive termination and continue in full force.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.

Any dispute arising out of or relating to this Agreement shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and Canary each waive any right to a jury trial or to participate in a class action. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

Entire Agreement. This Agreement, together with Canary's Privacy Policy, constitutes the entire agreement between you and Canary regarding your use of the Software and supersedes all prior agreements, representations, and understandings.

Modifications. Canary reserves the right to modify this Agreement at any time. We will notify you of material changes by updating the "Last updated" date above. Continued use of the Software after any modification constitutes acceptance of the updated Agreement.

Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Failure by Canary to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Contact. Questions about this Agreement may be directed to legal@assistantcanary.com.