Terms of Service

1. The agreement

These Terms, together with our Privacy Policy and Refund Policy, form the entire agreement between you and Canopy and supersede any prior agreements on the same subject. If any provision is held unenforceable, the rest remains in effect.

2. The Service

Canopy provides a hosted customer-feedback platform: webhook ingestion, survey dispatch by email and SMS, response collection, AI-assisted categorization, dashboards, alerts, and CRM integrations. We may update, improve, or modify features over time; we will give 30 days' notice before materially reducing a feature you are actively using.

3. Eligibility & accounts

You must be at least 18 to create an account. You are responsible for the confidentiality of your credentials and for all activity under your account, and you must notify us promptly at support@canopytech.io of any suspected unauthorized access. Workspaces are responsible for the acts of their authorized users.

4. Your data & ownership

You own the data you upload, the responses your customers submit, and the configuration you create (“Customer Data”). You grant Canopy a worldwide, non-exclusive license to host and process Customer Data solely to operate and improve the Service for you. We do not sell Customer Data and we do not train AI models on it. As between you and Canopy, Canopy owns the Service, its software, and all related intellectual property. See the Privacy Policy for operational detail on data handling.

5. Acceptable use

You agree not to:

• send surveys to recipients who have not opted in or established a service relationship with you;
• scrape, reverse-engineer, or attempt to bypass rate limits or security controls;
• use the Service to send spam, malware, or unlawful content;
• impersonate Canopy or another customer, or misrepresent your affiliation;
• use the Service to violate any applicable law or third-party right.

We may suspend or terminate accounts that violate this section, with notice when feasible.

6. SMS messaging

If you enable SMS as a survey delivery channel, you represent and warrant that, for every phone number you add to Canopy: (a) you have obtained the customer's explicit, prior consent to receive SMS messages from your business; (b) you retain the consent record (e.g., signed work order, intake form, online booking confirmation) and will make it available on request for at least four years after the most recent message; (c) the opt-in disclosure identified you as the sender, described the message purpose (post-service feedback), referenced typical frequency, and disclosed that message and data rates may apply; and (d) you will not message a customer who has revoked consent or replied STOP through Canopy or any other channel.

Canopy enforces a platform-wide opt-out list: any number that replies STOP, UNSUBSCRIBE, END, QUIT, or CANCEL is suppressed across every Workspace. You remain responsible for your own first-party suppression records.

You are solely responsible for compliance with applicable messaging laws, including the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and state-level consumer protection laws. You will indemnify Canopy against any third-party claim arising from your failure to obtain or honor consent. We may suspend the SMS channel for your Workspace on carrier complaints, unusually high opt-out rates, or evidence of non-consenting recipients; reinstatement requires documentation of your consent process.

The recipient-facing terms governing the messaging program itself (message frequency, HELP / STOP keywords, data-rates disclosure, consent-collection requirements) live on a dedicated page at SMS Messaging Terms and are incorporated into this Agreement by reference.

7. Integrations & third-party services

The Service integrates with third-party platforms (e.g., HubSpot, Pipedrive, Salesforce, Stripe) at your direction. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their acts or omissions. You authorize Canopy to access and exchange data with a connected service as needed to provide the Service, and you may disconnect an integration at any time.

8. Payment, billing & refunds

Paid plans are billed in advance, monthly or annually, via Stripe. All fees are non-refundable except as stated in our Refund Policy or as required by law. You can cancel any time from Settings → Plan & Billing; cancellation takes effect at the end of the current billing period. If you exceed your plan's monthly survey allotment, additional sends may be paused until the next cycle or until you upgrade. Fees are exclusive of taxes, which you are responsible for.

9. Privacy

Our Privacy Policy describes how we collect, use, and share information. For end-customer data you send us, you are the controller and Canopy is the processor; a Data Processing Addendum is available on request.

10. Warranties & disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that AI-generated categorizations will be accurate.

11. Limitation of liability

To the maximum extent permitted by law, Canopy's aggregate liability arising out of or relating to these Terms is limited to the fees you paid us in the 12 months preceding the claim. Neither party is liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or data, even if advised of the possibility.

12. Indemnification

You will defend and indemnify Canopy from third-party claims arising from your Customer Data, your violation of the Acceptable Use or SMS Messaging sections, or your violation of applicable law.

13. Term & termination

These Terms apply while you use the Service. Either party may terminate at any time; on termination your right to use the Service ends and you may export Customer Data for 30 days, after which we may delete it per our retention schedule. Sections relating to ownership, payment, warranties, liability, indemnification, and governing law survive termination.

14. Dispute resolution & arbitration

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court, to have a jury decide a dispute, and to participate in a class action. It includes a binding arbitration agreement and a class-action waiver, both subject to the opt-out described below.

14.1 Informal resolution first

Before initiating arbitration or any other formal proceeding, the parties agree to attempt to resolve the dispute informally for at least 30 days. To start the process, send a written notice describing the dispute and the relief sought to support@canopytech.io. If the dispute is not resolved within 30 days of that notice, either party may proceed under the arbitration agreement below.

14.2 Binding individual arbitration

Except for the carve-outs in §14.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved exclusively through final and binding individual arbitration, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced (the “AAA Rules”). The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator, not any court or agency, has exclusive authority to resolve any Dispute, including any claim that all or part of these Terms is unenforceable.

Arbitration will be conducted in the English language. The seat of arbitration is Delaware, United States. Unless the parties agree otherwise, the hearing will be conducted by video conference or telephone; in-person hearings, if either party requests one, will take place in Delawareor, if you so elect for any claim of US $25,000 or less, in the county where you reside. The arbitrator's award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class-action waiver

YOU AND CANOPY EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable as to any specific claim or request for relief, then that claim or request must proceed in court under §14.5(c), and the rest of the arbitration agreement in this §14 remains in effect for all other claims.

14.4 Jury-trial waiver

YOU AND CANOPY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY for any Dispute permitted under §14.5 to be brought in court.

14.5 Carve-outs

The arbitration agreement in §14.2 does not apply to: (a) any individual action brought in small-claims court so long as the action remains in that court and pursues only individual relief within the court's jurisdictional limits; (b) either party's right to seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property, trade secrets, confidential information, or to prevent unauthorized access to the Service; or (c) any claim or request for relief that a court or arbitrator has finally determined cannot be arbitrated under §14.3.

14.6 30-day opt-out

You may opt out of the arbitration agreement and class-action waiver in this §14 by sending written notice within 30 days of first accepting these Terms (or, if these Terms are materially updated to change this §14, within 30 days of that update) to support@canopytech.io. Your notice must include your full name, the email address associated with your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes between you and Canopy will be resolved exclusively in the courts identified in §15.

14.7 Costs and fees

Filing, administrative, and arbitrator fees are governed by the AAA Rules. Canopy will pay all fees that the AAA Rules require Canopy to pay. Each party is responsible for its own attorneys' fees and costs except as the arbitrator may award under applicable law. Nothing in this section limits the arbitrator's authority to award any remedy that would be available in an individual court action.

14.8 Severability of this §14

If any provision of this §14 is found unenforceable, that provision will be severed and the remainder will continue in effect, except that if §14.3 (Class-action waiver) is found unenforceable as to a claim seeking class, collective, mass, representative, or private attorney general relief, then the entirety of §14 is unenforceable as to that claim only, and that claim will proceed in court under §15.

15. Governing law & courts

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of §14 (Dispute resolution & arbitration). For any Dispute that is not subject to arbitration under §14 (including any Dispute brought by a party who timely opted out under §14.6), the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware, and each party waives any objection to that venue.

16. Changes

We may update these Terms; material changes will be posted here with at least 14 days' notice to active Workspaces. Continued use after the effective date constitutes acceptance.

17. Contact

Questions about these Terms: support@canopytech.io.