These Terms of Service ("Terms") govern your use of this service ("Service") operated by us ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms.
We have written these Terms to be clear and fair. Our general approach: you own your data, we provide the software and infrastructure, and neither party should be able to do something unreasonable to the other.
1. The Service
We provide a software platform accessible via the web and API. We grant you a non-exclusive, non-transferable right to use the Service for your own lawful purposes during the period your account is active.
We make no claim of ownership over content you create, upload, or process using the Service. Your data is yours.
2. Your Account
You are responsible for maintaining the security of your account credentials. You must:
- Provide accurate information when registering
- Keep your password confidential
- Notify us promptly if you suspect unauthorized access to your account
Accounts are personal unless you are explicitly granted a team or organizational plan. You may not share your credentials with others or transfer your account to another person.
3. Acceptable Use
You may use the Service for any lawful purpose. You may not use it to:
- Violate any applicable Canadian federal or provincial law, or the law of your jurisdiction
- Infringe the intellectual property rights of others
- Transmit malware, spam, or unauthorized automated traffic
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Harass, threaten, or harm other users
We will not restrict or monitor your use beyond what is necessary to operate the Service securely and reliably. We do not read your data for commercial purposes.
4. Your Data and Our Access to It
You own your data. We claim no intellectual property rights over content you submit to the Service.
We access your data only to:
- Provide and operate the Service
- Respond to a support request you have made
- Comply with a valid legal obligation
We will not access your data for any other purpose, including marketing or product research, without your explicit consent.
If we receive a government or legal demand for your data, we will:
- Notify you promptly, unless prohibited by law from doing so
- Provide you a reasonable opportunity to challenge the demand
- Disclose only the minimum information required
5. Open Operation
We believe you should be able to leave whenever you want, with your data intact. You may export your data at any time through the account settings or by contacting us. On account deletion, we will provide a final export opportunity for 30 days before purging your data.
We will give you at least 90 days' written notice before discontinuing the Service, and will make data export available throughout that period.
6. Uptime and Reliability
We will make reasonable efforts to keep the Service available. We do not guarantee any specific uptime percentage in these base Terms. Where a specific uptime commitment has been agreed separately in writing, that agreement governs.
We perform maintenance with advance notice where possible. Emergency maintenance for security reasons may occur without notice.
7. Fees and Payment
If the Service or any tier of it requires payment, the applicable fees will be disclosed clearly before you commit. We will give you at least 30 days' notice of any fee increase, and you may cancel before the increase takes effect without penalty.
We do not offer refunds for partial periods unless required by applicable consumer protection law.
8. Intellectual Property
The software, design, and infrastructure underlying the Service remain our property or that of our licensors. These Terms do not grant you any rights to our trademarks, trade names, or branding.
Where the Service incorporates open-source software, the applicable open-source licences govern those components. A list of material open-source components is available on request.
We welcome feedback and suggestions. If you share ideas with us, you grant us the right to use them without obligation to you, since we cannot commit to keeping unsolicited ideas confidential.
9. Privacy
Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Service you agree to our Privacy Policy.
10. Disclaimer of Warranties
The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
11. Limitation of Liability
To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of:
- the total fees you paid us in the twelve months preceding the claim; or
- one hundred Canadian dollars (CAD $100)
We will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be excluded under applicable Canadian consumer protection law.
12. Indemnification
You agree to indemnify and hold us harmless from any third-party claim arising from your use of the Service in violation of these Terms or applicable law. We agree to indemnify you from claims arising from our own negligence or wilful misconduct.
13. Term and Termination
These Terms continue until your account is terminated. Either party may terminate at any time:
- You may close your account through the account settings or by contacting us. Termination takes effect immediately.
- We may suspend or terminate your account for material breach of these Terms, providing written notice and a reasonable opportunity to cure where the breach is curable, except in cases of illegal activity or security risk where immediate action is necessary.
On termination, you retain the right to export your data for 30 days as described in Section 5. Sections 4, 8, 10, 11, 12, 14, and 15 survive termination.
14. Governing Law and Disputes
These Terms are governed by the laws of Canada and the province in which we are incorporated, without regard to conflict of law principles.
We prefer to resolve disputes by talking. If you have a concern, please contact us first and we will make a genuine effort to resolve it. If we cannot reach a resolution within 30 days, disputes shall be submitted to the courts of competent jurisdiction in our home province, and you consent to personal jurisdiction there.
15. Changes to These Terms
We will notify you of material changes to these Terms at least 14 days before they take effect, via the notification mechanism in the Service. If you do not agree to the revised Terms, you may close your account before they take effect.
Continuing to use the Service after the effective date of a change constitutes acceptance.
16. Miscellaneous
Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between us regarding the Service and supersede all prior agreements.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full effect.
No waiver. Failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger or acquisition, subject to the notification requirements in our Privacy Policy.
17. Contact
For questions about these Terms:
Queuely.ai
30 Adelaide Street East - Queuely.ai
12th floor
Toronto, Ontario M5C 3G8
Canada
legal@queuely.ai