Your agreement with Canonic
- Your use of the Canonic service is governed by this agreement (the "Terms"). "Canonic" means canonic and its subsidiaries or affiliates involved in providing Canonic's services. The "Canonic's services" means the services Canonic makes available through this website, including this website, the Canonic applications, and APIs, and any other software or services offered by Canonic in connection to any of those.
- In order to use Canonic's services, you must first agree to the Terms. You can agree to the Terms by actually using the Canonic's services. You understand and agree that Canonic will treat your use of Canonic's services as acceptance of the Terms from that point onwards.
- You may not use Canonic's services if you are a person barred from receiving the Canonic's services under Indian laws or other countries, including the country in which you are resident or from which you use Canonic's services. You affirm that you are over the age of 18, as Canonic's services may not be used by children under 18.
- You agree your purchases of Canonic's services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Canonic or any of its affiliates regarding future functionality or features.
- Canononic's services offerings are directed only to business customers. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
Your account and use of Canonic's services
- You must provide accurate and complete registration information any time you register to use Canonic's services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Canonic immediately.
- Your use of Canonic's services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.
- You agree not to (a) access (or attempt to access) the administrative interface Canonic's services by any means other than through the interface that is provided by Canonic in connection with Canonic's services, unless you have been specifically allowed to do so in a separate agreement with Canonic, or (b) engage in any activity that interferes with or disrupts Canonic's services (or the servers and networks which are connected to the Service).
- You may use Canonic's services only to develop and run applications on Canonic's infrastructure. You may not access Canonic's services for the purpose of bringing an intellectual property infringement claim against Canonic or for the purpose of creating a product or service competitive with Canonic's services.
Service policies and privacy
- You agree to comply with the Canonic Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
- You agree that you will protect the privacy and legal rights of the End Users of your application. You must obtain any consents required by applicable data protection laws and provide a legally adequate privacy notice, access, and protection for End Users. If End Users provide you with usernames, passwords, or other personally identifiable information, you must make those users aware that the information will be available to your application and to Canonic.
Fees for use of Canonic's services
- Subject to the Terms, Canonic's services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://canonic.dev/pricing
- For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Canonic's fees and payment policies, if different. Late payments may bear interest at the rate of annually 9 % above base interest rate (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Canonic incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Canonic's measurements of your use of Canonic's services unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Canonic and only in the form of credit for Canonic's services. Nothing in these Terms obligates Canonic to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Canonic may be shared by Canonic with companies who work on Canonic behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Canonic and servicing your account. Canonic may also provide information in response to valid legal processes, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. Canonic shall not be liable for any use or disclosure of such information by such third parties. Canonic reserves the right to discontinue the provision of Canonic's services to you for any late payments.
- Canonic may change its fees and payment policies for Canonic's services by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or other Urls Canonic may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
Content on Canonic's services and takedown obligations
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) to which you may have access as part of, or through your use of, Canonic's services are the sole responsibility of the person from which such Content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using Canonic's services and any source code written by you to be used with Canonic's services (collectively, "Applications").
- Canonic reserves the right (but shall have no obligation) to remove any or all Content from Canonic's services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a takedown request from Canonic. In the event that you elect not to comply with a request from Canonic to take down certain Content, Canonic reserves the right to directly take down such Content or to disable Applications.
- In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Canonic reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
- You agree that you are solely responsible for (and that Canonic has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using Canonic's services and for the consequences of your actions (including any loss or damage which Canonic may suffer) by doing so.
- You agree that Canonic has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6. Proprietary Rights
- You acknowledge and agree that Canonic (or Canonic's licensors) own all legal rights, title, and interest in and to Canonic's services, including any intellectual property rights which subsist in Canonic's services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Except as provided in Section 8, Canonic acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, Canonic's services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Canonic, you agree that you are responsible for protecting and enforcing those rights and that Canonic has no obligation to do so on your behalf.
License from Canonic and restrictions
- Canonic grants you a revocable, personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Canonic as part of Canonic's services as provided to you by Canonic. This license is for the sole purpose of enabling you to use and enjoy the benefit of Canonic's services as provided by Canonic, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Canonic's services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Canonic, in writing (e.g., through an open-source software license); (b) attempt to disable or circumvent any security mechanisms used by Canonic's services or any applications running on Canonic's services, or (c) use Canonic's services in any way that may subject Canonic's services to any obligations under any open-source software license, including, without limitation any license which imposes any obligation or restriction with respect to Canonic's patent or other intellectual property rights in Canonic's services.
- Open-source software licenses for components of Canonic's services released under an open-source license constitute separate written agreements. To the limited extent that the open-source software licenses expressly supersede these Terms, the open-source licenses govern your agreement with Canonic for the use of the components of the Canonic's services released under an open-source license.
License from you
- Canonic claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through Canonic's services you give Canonic a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Canonic to provide you with Canonic's services. Furthermore, by creating an Application through use of Canonic's services, you give Canonic a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Canonic to provide you with Canonic's services.
- By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Canonic services functionality or features for the sole purpose of collaborating on the development of the Application(s).
- You may choose to or we may invite you to submit comments or ideas about Canonic's services, including without limitation about how to improve Canonic's services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Canonic under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
- You agree that Canonic, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website) for the purpose of advertising or publicizing your use of Canonic's services.
Modification and termination of services
- Canonic is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of Canonic's services which Canonic provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of Canonic's services will be effective with respect to all versions of Canonic's services; examples of changes to the form and nature of Canonic's services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
- You may terminate these Terms at any time by canceling your account on Canonic's services. You will not receive any refunds if you cancel your account.
- You agree that Canonic, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to Canonic's services may be without prior notice, and you agree that Canonic will not be liable to you or any third party for such termination.
- You are solely responsible for exporting your Content and Application(s) from Canonic's services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
- Upon any termination of Canonic's services or your account, these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
Exclusion of warranties
- NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT CANONIC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CANONIC SERVICE IS AT YOUR SOLE RISK AND THAT CANONIC'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
- CANONIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING CANONIC'S SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CANONIC'S, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF CANONIC'S SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF CANONIC'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH CANONIC'S SERVICES WILL BE ACCURATE.
Limitation of Liability
- CANONIC SHALL BE LIABLE UNDER THE TERMS OF THIS AGREEMENT IN ACCORDANCE WITH THE PROVISIONS SET OUT UNDER (A) TO (E):
(A) CANONIC SHALL BE UNRESTRICTED LIABLE FOR LOSSES CAUSED INTENTIONALLY OR WITH GROSS NEGLIGENCE BY CANONIC, ITS LEGAL REPRESENTATIVES OR SENIOR EXECUTIVES AND FOR LOSSES CAUSED INTENTIONALLY BY OTHER ASSISTANTS IN PERFORMANCE; IN RESPECT OF GROSS NEGLIGENCE OF OTHER ASSISTANTS IN PERFORMANCE CANONIC'S LIABILITY SHALL BE AS SET FORTH IN THE PROVISIONS FOR SIMPLE NEGLIGENCE IN (E) BELOW.
(B)CANONIC SHALL BE UNRESTRICTED LIABLE FOR DEATH, PERSONAL INJURY OR DAMAGE TO HEALTH CAUSED BY THE INTENT OR NEGLIGENCE OF CANONIC, ITS LEGAL REPRESENTATIVES OR ASSISTANTS IN PERFORMANCE.
(C) CANONIC SHALL BE LIABLE FOR LOSSES ARISING FROM THE LACK OF ANY WARRANTED CHARACTERISTICS UP TO THE AMOUNT WHICH IS COVERED BY THE PURPOSE OF THE WARRANTY AND WHICH WAS FORESEEABLE BY CANONIC AT THE TIME THE WARRANTY WAS GIVEN.
(D) CANONIC SHALL BE LIABLE IN ACCORDANCE WITH INDIAN LAWS IN THE EVENT OF PRODUCT LIABILITY.
(E) CANONIC SHALL BE LIABLE FOR LOSSES CAUSED BY THE BREACH OF ITS PRIMARY OBLIGATIONS BY CANONIC, ITS LEGAL REPRESENTATIVES OR ASSISTANTS IN PERFORMANCE. PRIMARY OBLIGATIONS ARE SUCH BASIC DUTIES WHICH FORM THE ESSENCE OF THE AGREEMENT, WHICH WERE DECISIVE FOR THE CONCLUSION OF THE AGREEMENT AND ON THE PERFORMANCE OF WHICH LICENSEE MAY RELY. IF CANONIC BREACHES ITS PRIMARY OBLIGATIONS THROUGH SIMPLE NEGLIGENCE, THEN ITS ENSUING LIABILITY SHALL BE LIMITED TO THE AMOUNT WHICH WAS FORESEEABLE BY CANONIC AT THE TIME THE RESPECTIVE SERVICE WAS PERFORMED.
- CANONIC SHALL BE LIABLE FOR LOSS OF DATA ONLY UP TO THE AMOUNT OF TYPICAL RECOVERY COSTS WHICH WOULD HAVE ARISEN HAD PROPER AND REGULAR DATA BACKUP MEASURES BEEN TAKEN.
- ANY MORE EXTENSIVE LIABILITY OF CANONIC IS EXCLUDED ON THE MERITS.
You agree to hold harmless, defend and indemnify Canonic, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Canonic and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of Canonic's services, (c) your violation of applicable laws, rules or regulations in connection with Canonic's services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, Canonic will provide you with written notice of such claim, suit, or action.
You agree to set up a process to respond to notices of alleged infringement that comply with german applicable intellectual property laws and the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Canonic's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
- Canonic's services may include hyperlinks to other web sites or content or resources or email content. Canonic may have no control over any web sites or resources which are provided by companies or persons other than Canonic.
- You acknowledge and agree that Canonic is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Canonic is not liable for any loss or damage which may be incurred by you or your End Users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
- Canonic may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
- You understand and agree that if you use Canonic's services after the date on which the Terms have changed, Canonic will treat your use as acceptance of the updated Terms.
General Legal Terms
- Except to the extent you and Canonic have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and Canonic and govern your use of Canonic's services (but excluding any services which Canonic may provide to you under a separate written agreement) and completely replace any prior agreements between you and Canonic in relation to Canonic's services.
- There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
- You agree that Canonic may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Canonic's services. By providing Canonic your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
- Canonic shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, nuclear missiles, chemical or biological weapons, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
- The Terms, and your relationship with Canonic under the Terms, shall be governed by the laws of India.
- The courts for Canonic's registered office shall have exclusive jurisdiction over all disputes under and in connection with this Agreement.
- You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Canonic (not to be unreasonably withheld).
- Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms that achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the Agreement.
Acceptable Use Policy
Your use of the Service is subject to this Acceptable Use Policy. Canonic reserves the right to terminate your account and cease all service if you are found to be in violation of this policy. We may change these policies at any time. It is your responsibility to keep up-to-date with and adhere to them.
The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:
- Content that infringes a third party's rights (e.g., copyright) according to applicable law;
- Excessively profane content;
- Hate-related or violent content;
- Content advocating racial or ethnic intolerance;
- Content intended to advocate or advance computer hacking or cracking;
- Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
- Drug paraphernalia;
- Malicious content;
- Other materials, products, or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
Customer agrees not to, and not to allow third parties (including End Users) to use the Service:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
- to engage in, promote or encourage illegal activity
- for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- to interfere with the use of the Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users;
- to disable, interfere with or circumvent any aspect of the Service;
- to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”)