🐤 CanaryQMS

Terms of Service

Last updated: 25 May 2026

1. Agreement to Terms

By accessing or using CanaryQMS ("the Service"), operated by Xcellent Solutions ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

CanaryQMS is a cloud-based quality management system that provides complaint management, non-conformance reporting, corrective action tracking, document control, training management, and related quality intelligence features.

3. Account Registration

You must provide accurate, complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorised use.

4. Subscription and Payment

  • Subscriptions are billed monthly in advance in USD.
  • Prices are as listed on our pricing page at the time of subscription.
  • We may change pricing with 30 days' written notice.
  • Failed payments will result in service suspension after a 7-day grace period.
  • No refunds for partial months. You may cancel at any time effective at the end of the current billing period.

5. Free Trial

We may offer a free trial period. At the end of the trial, your account will be converted to a paid subscription unless you cancel. No credit card is required during the trial.

6. Your Data

  • Ownership: You retain all rights to the data you upload or create in the Service ("Your Data").
  • Licence: You grant us a limited licence to store, process, and display Your Data solely to provide the Service.
  • Export: You may export Your Data at any time via the application interface or API.
  • Deletion: Upon account termination, Your Data will be retained for 30 days then permanently deleted. You may request earlier deletion in writing.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to other accounts or systems
  • Interfere with or disrupt the Service's infrastructure
  • Upload malicious code, viruses, or harmful content
  • Resell or redistribute the Service without written permission
  • Use the Service to store data unrelated to quality management

8. Service Availability

We target 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance. We are not liable for downtime caused by factors outside our control (internet outages, third-party services, force majeure).

9. AI Features

The Service includes AI-powered features (extraction, suggestions, drafting). These are provided as assistance tools only. AI outputs are clearly labelled as suggestions and require human confirmation before becoming part of your quality records. We do not guarantee the accuracy of AI outputs.

10. Intellectual Property

The Service, including its software, design, documentation, and branding, is owned by Xcellent Solutions and protected by intellectual property laws. Your subscription grants a non-exclusive, non-transferable licence to use the Service for your internal business purposes.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability is limited to the fees you paid in the 12 months preceding the claim.
  • We are not liable for indirect, incidental, consequential, or punitive damages.
  • We are not liable for decisions made based on AI suggestions or data in the system.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Termination

  • You may cancel your subscription at any time from your account settings.
  • We may suspend or terminate your account for violation of these Terms with 7 days' notice (or immediately for serious violations).
  • Upon termination, your right to use the Service ceases. Data retention is as described in Section 6.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Disputes will be resolved in the courts of New South Wales.

16. Contact

For questions about these Terms, contact us at [email protected].