Terms of Service

1. The service

Canopy provides hosted software for property websites, direct booking, guest portals, payments, messaging, operations, content, and optional integrations. Customer receives a limited, non-exclusive, non-transferable right to use the service during its subscription for its own business.

The service depends on internet, hosting, payment, and communications providers. Canopy does not promise uninterrupted or error-free operation, but will use commercially reasonable efforts to restore material service interruptions.

2. Plans, trials, and booking fees

The Free plan has no monthly subscription charge and carries a 3% Canopy fee on bookings processed through the service. Paid plans carry 0% Canopy booking commission. Stripe and other payment-network fees are separate. Prices, limits, and included features shown at checkout or in an accepted order form part of the agreement.

The current trial period is 14 days unless signup states otherwise. A trial converts to a paid plan only where that conversion and its price were disclosed and Customer supplied a valid payment method. Otherwise, billing setup is required before paid use continues.

3. Payment and taxes

Customer authorizes Canopy and Stripe to charge applicable subscription fees, booking fees, taxes, and approved usage charges. Recurring fees are billed in advance. Prices exclude GST/HST and other applicable taxes unless expressly stated. Failed payment may trigger retries, notices, limits, or suspension. Plan changes, cancellation, credits, and refunds follow the Billing Policy.

4. Customer responsibilities

• Keep accounts, domains, integrations, and credentials accurate and secure.
• Configure prices, availability, taxes, policies, listings, and guest communications accurately.
• Obtain all rights and consents needed for Customer Data and Customer's services.
• Comply with accommodation, consumer, tax, accessibility, marketing, and privacy laws.
• Review automated suggestions and messages before relying on them where human review is appropriate.
• Maintain a current guest-facing privacy notice and lawful basis for processing guest and staff data.

Customer is the controller of personal information it collects about guests, prospects, staff, and contractors. Canopy processes that information under the DPA. Customer, not Canopy, is the accommodation provider and is responsible for stays, guest refunds, safety, licences, insurance, and guest disputes.

5. Acceptable use

Customer must not, and must not allow anyone to:

• use the service unlawfully, deceptively, abusively, or to infringe another person's rights;
• upload malware, probe security, bypass access controls, or disrupt the service;
• send spam or communications without required consent;
• collect prohibited sensitive data unless Canopy has expressly agreed in writing;
• reverse engineer or resell the service except where law prohibits that restriction; or
• use generated output without checking it for Customer's intended context.

6. Customer Data and intellectual property

Customer retains ownership of Customer Data and grants Canopy a limited licence to host, copy, transmit, transform, and display it only to provide, secure, support, and improve the contracted service. Canopy and its licensors retain all rights in the service, software, designs, and documentation. Each party keeps its pre-existing rights.

7. Confidentiality

Each party will use the other's non-public business, technical, and personal information only for this agreement, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound to confidentiality.

8. Third-party services

Optional payment, channel, messaging, device, and AI integrations may have separate terms and fees. Customer authorizes Canopy to exchange information needed to operate an enabled integration. Canopy is not responsible for a third party's independent service, but remains responsible for its subprocessors as described in the DPA.

9. Warranties and disclaimers

Each party warrants it has authority to enter this agreement. Canopy will provide the service with commercially reasonable care. Except for that express promise and to the maximum extent permitted by law, the service, integrations, and generated output are provided “as is” without implied warranties or a guaranteed business result.

10. Liability

To the maximum extent permitted by law, neither party is liable for indirect, special, incidental, punitive, or consequential damages, or lost profits, revenue, goodwill, or data. Each party's total liability arising from these Terms is limited to fees paid or payable by Customer to Canopy in the 12 months before the event giving rise to the claim. For a Free plan, the cap is CA$1,000.

These exclusions and caps do not apply to fraud, wilful misconduct, confidentiality or indemnity obligations, infringement of the other party's intellectual property, Customer's payment obligations, or liability that law does not permit the parties to limit.

11. Indemnities

Customer will defend and indemnify Canopy against third-party claims arising from Customer Data, Customer's accommodation services, unlawful marketing, or Customer's material breach of these Terms. Canopy will defend and indemnify Customer against a third-party claim that the unmodified service infringes Canadian intellectual property rights, subject to prompt notice, reasonable control of the defence, and cooperation.

12. Termination, suspension, and exit

Customer may cancel under the Billing Policy. Either party may terminate for a material breach not cured within 30 days after written notice, or immediately for insolvency or unlawful use. Canopy may suspend access for a security threat, prohibited use, or overdue payment using the narrowest practical scope.

Customer should export needed records before termination. On written request made before termination or within 30 days afterward, Canopy will make the then-available machine-readable export reasonably available. Canopy may then delete Customer Data from active systems, subject to legal retention and ordinary provider backup cycles.

13. Changes

For a material change, Canopy will post the new version and give at least 30 days' notice to the administrative or billing email unless law or urgent security needs require a shorter period. Continued use after the effective date constitutes acceptance.

14. General

These Terms and disputes between Canopy and Customer are governed by Ontario law and the federal laws of Canada applicable there. The courts in Ontario have exclusive jurisdiction, except that either party may seek urgent injunctive relief elsewhere. Disputes between an operator and a guest follow the operator's guest terms and the laws applicable where the operator is established and the property is located. Nothing in these Terms limits the mandatory civil-law or consumer rights of Quebec residents. Notices to Canopy must be sent to hello@hostwithcanopy.com. An accepted order controls conflicting commercial terms, then the DPA controls personal-data processing, then these Terms.