Our terms of service

By using the canopy.is website (“Website”), a service of Know Your Team, LLC (“Canopy”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any user who has a login for a valid account (“Account Holder”) is subject to additional terms and conditions (“Additional Terms”). If you are an Account Holder, please also read the section titled Additional Terms and Conditions for Account Holders.

Canopy reserves the right to update and change the Terms of Service from time to time without notice. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Any new features that augment or enhance the current Website, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Website after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://canopy.is/m/terms

Violation of any of the terms below will result in your access to the Website being terminated. While Canopy prohibits such conduct and content on the Website, you understand and agree that Canopy cannot be responsible for the content posted on the Website and you nonetheless may be exposed to such materials. You agree to use the Website at your own risk.

To the extent that Canopy launches any mobile applications, each reference to Website herein shall be deemed to include use of such mobile application(s).

Privacy Policy

All information we collect through the Website is subject to our Privacy Policy https://canopy.is/m/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Under the California Consumer Privacy Act (“CCPA”), Canopy is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use Canopy’s Services in a way that violates the regulations.

These Service Terms incorporate the Canopy Data Processing Addendum (“DPA”), when the General Data Protection regulation (“GDPR”) applies to your use of Canopy Services to process Customer Data as defined in the DPA. The DPA is effective as of May 6, 2021 and replaces and supersedes any previously agreed data processing addendum between you and Know Your Team, LLC relating to the GDPR. Regardless of whether you execute or not, we protect and secure your data to the high standards set out in the addendum.

Copyright and Ownership

  1. All content you post on the Website must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the materials you or your employer provide to the Website.
  3. Canopy does not pre-screen content, but Canopy and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website.
  4. The look and feel of the Website is copyright Know Your Team, LLC. All rights reserved. You may not duplicate, copy, distribute, modify, create derivative works of, publicly display, publicly perform, download, or reuse any portion of the HTML/CSS (including text, displays, images, video and audio, visual design elements, or the selection and arrangement thereof) without express written permission from Canopy.
  5. Canopy, Canopy’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Canopy. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
  6. As between Canopy and you, Canopy or its licensors own and reserve all right, title and interest in and to the hardware, software and other items used to provide the services at or through the website, other than the rights explicitly granted to you to use the services in accordance with these Terms. No title to or ownership of any proprietary rights related to any such software or services is transferred to you pursuant to these Terms of Service. In the event that you provide comments, suggestions and recommendations to Canopy with respect to the Website or services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Website or services) (collectively, "Feedback"), you hereby grant to Canopy a world-wide, royalty free, irrevocable, transferable, perpetual license to use and otherwise incorporate any Feedback in connection with the Website and any such services.
  7. If you believe that any user posted content on our Website that violates your copyright, please email support@canopy.is. It is the policy of Canopy to terminate the user accounts of repeat infringers.

Geographic Restrictions

The owner of the Website is based in the state of Illinois in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

  1. All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule.
  2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You waive the right to a jury trial.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General Conditions

  1. You must be 13 years or older to use this Website.
  2. You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
  3. Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.
  4. Technical support is only provided to paying account holders and is only available via email.
  5. You understand that Canopy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without the express written permission by Canopy.
  7. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
  8. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  9. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
  10. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices. We will utilize appropriate technical and organizational measures to protect your personal data.
  11. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. Canopy does not warrant that (i) the Website will be uninterrupted, timely, secure, or error-free, (ii) any errors in the Website will be corrected, and (iii) any information presented on the Website, either posted by Canopy, other users, or third-parties, is accurate, complete or useful.

    CANOPY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE AND/OR ANY WARRANTIES REGARDING UPTIME.
  14. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so at your own risk and subject to the terms and conditions of use for such websites.
  15. You expressly understand and agree that Canopy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Canopy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website or the services available at or through the Website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) or any other matter relating to the service. In addition, you agree and acknowledge that Canopy is not responsible for any liabilities or damages that may arise out of any action taken by your company or any employee of your company, including without limitation in connection with initiatives you may elect to undertake on account of information learned about your employees through the Website.
  16. You expressly understand and agree that Canopy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Canopy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website or the services available at or through the Website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) or any other matter relating to the service. In addition, you agree and acknowledge that Canopy is not responsible for any liabilities or damages that may arise out of any action taken by your company or any employee of your company, including without limitation in connection with initiatives you may elect to undertake on account of information learned about your employees through the Website.
  17. The failure of Canopy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Canopy and govern your use of the Website, superseding any prior agreements between you and Canopy (including, but not limited to, any prior versions of the Terms of Service).
  18. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the services provided by Canopy. While it is Canopy's objective to make the Website and services accessible at all times, the Website and services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website and/or services may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Canopy, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Canopy shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT CANOPY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICES.
  19. To the extent permitted by law, you will defend Canopy against any cost, loss, damage, or other liability arising from any third party demand or claim arising out of your breach of these Terms of Service or arising out of any third party demand or claim that any content provided by you, or your use of the Website or services violates applicable law or these Terms of Service. Canopy will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
  20. Questions about the Terms of Service should be sent to support@canopy.is.

ADDITIONAL TERMS AND CONDITIONS FOR ACCOUNT HOLDERS

To use the services and access the software platform available through the Website as an Account Holder, you will be required to obtain an account with Canopy by completing a registration form and obtaining a user ID and password. Until you apply for and are approved for an account your access to the Website and service will be limited to the areas of the service that Canopy makes available to the general public. When registering with Canopy you must: (a) provide true, accurate, current and complete information about yourself as requested within the registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will also be required to provide accurate information regarding your company’s employees that will be entitled to access the software platform available through the Website.

If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content submitted through or processed within your account ("Content"). If you are an individual registered user of the service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establish a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Canopy and such organization and controlled by such organization.

If you are an Account Holder, you agree to be bound by these Additional Terms.

Account Terms

  1. You must be a human either acting on behalf of your company or using the Website via access provided by your company. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
  4. You are responsible for maintaining the security of your account and password. Canopy cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  6. You represent and warrant that you have the authority to accept these Terms of Service on behalf of your company.

Payment Terms

  1. The fees payable in connection with use of the Website and services shall be separately set forth by Canopy within the Website from time to time.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  3. Accepted forms of payment include credit card, PayPal, or wire transfer.
  4. Fees are currently charged as a monthly or annual subscription, per-manager fee; provided that Canopy may modify the fee structure at its discretion from time to time

Credit Cards

You must be authorized to use any credit card that you provide to Canopy. You authorize us to charge you for the services using your credit card and for any paid feature of the services that you choose to sign up for. We may bill: (a) in advance; (b) at the time of purchase; or (c) shortly after purchase. To the extent new employees are added to your service, you authorize us to charge your credit card the fees due and owing in connection with each such employee at the time of sign-up for each such employee. You must keep all information in your billing account current. You may, by providing written notice to Canopy, change your payment method at any time.

Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your services if you fail to pay in full on time.

Cancellation, Termination, and Refunds

  1. You may cancel the service at any time.
  2. All of your content will be immediately deleted from the Website upon cancellation. This information cannot be recovered once your account is cancelled.
  3. Canopy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website, or any other Canopy service, for any reason at any time. Such termination of the Website will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Canopy reserves the right to refuse service to anyone for any reason at any time. For purposes of clarity, and not in limitation of the foregoing, Canopy may suspend or terminate your account and/or access to the Website and any Canopy software in the event you fail to timely pay any amount due and owing to Canopy.
  4. Canopy may elect to offer an initial trial period at no charge to you or your company, subject to certain limitations separately described within the Website or otherwise in writing by Canopy from time to time. Upon conclusion of any such trial period, your company will be provided with a period of time in which to subscribe to the software platform available at the Website and pay the applicable fees. In the event you fail to pay such amount, your and your employees’ access to software platform available through the Website will be terminated.

Modifications to the Website and Prices

  1. Canopy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
  2. Prices of all services, including but not limited to per-employee fees to the Website, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Website. Employees already paid for will not be subject to price changes.
  3. Canopy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the services.

General Conditions

  1. Canopy does not warrant that (i) the Website will meet your specific requirements, (ii) the results that may be obtained from the use of the Website will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
  2. You expressly understand and agree that Canopy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Canopy has been advised of the possibility of such damages), resulting from the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
  3. If you are a resident of the state of New Jersey or otherwise subject to the laws of the state of New Jersey, any limitation of liability, mandatory jurisdiction to resolve disputes, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under any such law or regulation shall not apply to you. For all other individuals, any limitation of liability, mandatory jurisdiction to resolve disputes, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under your state laws or regulations shall not apply to you.