Terms of Service and Use

The services offered or provided through Canopiya.com and any applications (mobile or otherwise) with, linked to, or using the name “Canopiya” (together the “Services”) are owned and operated by Canopiya Pte Ltd, a company incorporated in Singapore (UEN: 202614326H) (“Company”, “we”, “us” or “our”).

By creating an account or using any aspect or component of the Services, you shall be deemed to have accepted and agreed to be bound by these Terms of Services and Use (“Terms”). If you do not accept or agree to any of these Terms, please do not create an account with us or use any aspect or component of the Services.

These Terms constitute a legally binding agreement between you and the Company.

Canopiya is a family tree platform that allows users to build, organise, and share family history. Features include adding family members and their biographical details, visualising family relationships, creating public profile pages, importing and exporting family data, and collaborating with family members.

We reserve all rights to modify any aspect or component of the Services at any time for such purpose as we may require, as and when necessary.

By creating an account or using any aspect or component of the Services, you hereby:

• Acknowledge and agree that you must be at least 13 years of age to use the Service. If you are under 18, you represent and warrant that you have your parent’s or guardian’s permission to use the Services;
• Declare that all of the information provided by you when creating an account for the use of the Services (including, without limitation, your age) is true and accurate and not misleading in any respect;
• Consent to your personally identifiable data being collected, stored, and used by us for the purposes of processing your application for the opening of your account, and/or for any other purpose relating to our operations and you agree that such consent shall remain in effect unless revoked in writing by a notice sent to us at hello@canopiya.com. You hereby accept that any such withdrawal of consent will only take effect after 7 working days from the date of receipt of your withdrawal. For the avoidance of doubt, you may also delete your account and all associated personal data immediately at any time through the Account Settings page, without the need for written notice. Nothing in this paragraph shall be taken as limiting or prejudicing in any way whatsoever any power under written law to compel, obtain, share, disclose, and/or otherwise deal with your personally identifiable data.

The accessibility and operation of the Services relies on technology outside of our control. We do not guarantee continuous accessibility or uninterrupted operation of the Services.

We reserve the right to temporarily suspend or shut down the Services for system maintenance or for such other purpose as we may require, as and when necessary.

We reserve all rights to deny or restrict access to any Service to any particular person or to block access from any Internet address to the Services or any part thereof, at any time, without ascribing any reasons whatsoever.

Where appropriate, we use available technology to protect the security of communications made through the Services. Notwithstanding the above, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions or other communications made through the Services. You carry out any such transactions or communications at your own risk.

Internet communications may be susceptible to interference or interception by third parties. We make no warranties that the Services are free of infection by computer viruses or other unauthorised software.

You agree that you will take appropriate steps to keep your information, software and equipment secure, and will keep your passwords confidential and secure.

You agree not to:

• Use the Service for any fraudulent or unlawful purpose or in violation of any applicable laws;
• Upload content that infringes intellectual property rights, is defamatory, or violates the privacy of others;
• Attempt to gain unauthorised access to any part of the Service or other users’ accounts;
• Use automated means to scrape, crawl, or extract data from the Service;
• Transmit spam, malware, or any disruptive code; or
• Misrepresent your identity or impersonate another person.

Canopiya offers free and paid subscription plans. Paid plans are subject to the pricing and terms displayed at the time of purchase. All payments are processed by Stripe, Inc.

Subscription fees are charged in advance on a monthly or annual basis. If you cancel, you retain access to paid features until the end of your current billing period. We do not offer pro-rated refunds for partial periods unless required by law. [REVIEW: Verify compliance with Singapore Consumer Protection (Fair Trading) Act and EU consumer rights for digital services.]

You retain all rights, title and interest in the content you submit to the Services, including, without limitation, names, biographical information, photographs, and stories (“User Content”).

By submitting your User Content to the Services, you grant us a non-exclusive, worldwide, royalty-free licence to store, process, and display your User Content solely to provide and improve the Services. We will not sell, license, or otherwise exploit your User Content to third parties for commercial purposes without your explicit consent.

You are solely responsible for ensuring that you have the right to upload information about other individuals, including family members, and that doing so complies with applicable privacy laws. You must not upload content that is defamatory, obscene, or otherwise unlawful.

When you make a person’s profile public, that profile becomes accessible to anyone on the internet. You are responsible for ensuring that the person whose data you publish has consented, or that you have a valid legal basis to publish their personal data.

The materials located on the Services including the Canopiya name, logo, the source code, data, designs, text, pages, documents and graphics, audio and video media, and information and software programs (but excluding User Content) (“Company Content”) are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in Company Content are owned by or licensed to the Company. You may not use, copy, or distribute them without our prior written consent.

The Services are provided on an “as is” basis. We do not make any warranty or representation whatsoever and hereby disclaim all express, implied and statutory warranties of any kind to you, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to the following:

• That your use of, or access to, the Services will be uninterrupted, timely, secure, free of bugs, free from human tampering, free from viruses or other malicious, destructive or corrupting code, programme or macro, free from transmission errors or otherwise error-free, or that there will not be any defects or deficiencies in the Services;
• As regards the security of the Services, User Content or Company Content; and
• As to the accuracy, completeness, reliability, non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for any particular purpose of the Services.

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. [REVIEW: Verify whether Singapore law or applicable EU consumer law limits the enforceability of broad disclaimer clauses against individual consumers.]

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Using, visiting or relying on any statements, opinion, representation or information provided through the Services;
• Access or use of any Services;
• Any inaccuracy or incompleteness in, or errors or omission in the content of the Services;
• Any delay or errors in operation or transmission of the Services arising from communications failure, internet access difficulties or malfunctions in equipment or software;
• Use or access to the Services or any other website linked to the Services or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and
• Actions or omissions of any person who accesses or uses the Services or obtains any information obtained directly or indirectly through the Services.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT RECEIVED BY US FROM YOU (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. [REVIEW: Confirm appropriate liability cap with legal counsel.]

NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claims, actions, demands, damages, liabilities, costs and expenses (including reasonable legal fees) made against or suffered or incurred by the Company, its affiliates, officers, directors, employees or agents arising from your use of the Services, your User Content, or your violation or breach of these Terms or any applicable law.

In the event of any violation or breach of these Terms, we reserve the right to seek all remedies available in law or in equity for such breaches.

You may delete your account at any time through the Account Settings page. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

We may terminate or suspend your access immediately, with or without cause at any time. We shall not be liable for any damages, losses or expenses howsoever caused by or arising out of termination of the Services.

Provisions that by their nature should survive termination shall survive.

We may modify, amend and/or update these Terms from time to time at our sole discretion. All changes will be incorporated directly onto this page, and your continued use of any aspect or component of the Services following such incorporation will constitute your agreement to the modified, amended and/or updated Terms and all of the changes. Material modifications, amendments and/or updates to these Terms will be notified to you via email or a prominent notice on our website at least 7 working days before they take effect.

These Terms and all its subsequent variations shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Singapore.

Any dispute arising from these Terms shall first be attempted to be resolved by good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to the exclusive jurisdiction of the courts of Singapore, and you hereby agree to submit to the exclusive jurisdiction of the courts of Singapore in connection with such dispute. [REVIEW: Consider whether arbitration or mediation clause (e.g., SIAC) is preferable. Verify whether EU users retain rights to local courts under EU consumer law.]

A person who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as may be amended from time to time) to enforce any of the Terms.

If any of the Terms is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions shall not be affected or impaired.

If you have any questions about these Terms, please contact us at: hello@canopiya.com. [REVIEW: Add registered business address once available.]