Terms of Service
Updated May 24, 2023
From everyone at Almanack, thank you for using our products! We build them to help you do your best work. There are millions of people using Almanack products every day. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say "Company," "we," "our," or "us" in this document, we are referring to X9 Studios Inc, doing business as Almanack.
When we say "Services," we mean our websites, including almanack.ai, and any product created and maintained by X9 Studios Inc. That includes Almanack, whether delivered within a web browser, desktop application, mobile application, or another format.
When we say "You" or "your," we are referring to the people or organizations that own an account with one or more of our Services. We have specific ownership policies for our products: Almanack (all versions).
We may update these Terms of Service ("Terms") in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page.
When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.
If you violate any of the Terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work and keeping an open door to your feedback.
- You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor-authentication for added security. In some of our Services, we may require it.
- You may not use the Services for any purpose outlined in our Use Restrictions Policy, and you may not permit any of your users to do so, either.
- You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Payment, Refunds, and Plan Changes
- If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card, and — just like for customers who pay for our Services — we do not sell your data.
- For paid Services that offer a free trial, we explain the length of the trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
- If you are upgrading from a free plan to a paid plan, we will charge your card immediately, and your billing cycle starts on the day of the upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
- We process refunds according to our Fair Refund Policy.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can request to cancel your account by sending us an email. If you need help canceling your account, please contact our Support team.
- All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, we've provided instructions for Almanack on our support website.
- If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against, and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days' notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for most of our Services.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
- To help you with support requests you make. We'll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
- To safeguard Almanack. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As a Canadian company, we only preserve or share customer data if compelled by a Canadian government authority with a legally binding order or proper request under Canadian law. If a non-Canadian authority approaches Almanack for assistance, our default stance is to refuse unless the order has been approved by the Canadian government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Almanack is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
- We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for Almanack on our privacy page.
Copyright and Content Ownership
- All content posted on the Services must comply with Canadian copyright law.
- You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
- We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed, and we don't guarantee completely error-free Services.
Services Adaptations and API Terms
We offer Application Program Interfaces ("API"s) for some of our Services (currently Almanack). Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:
- You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
- Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
Some third-party providers have created integrations between our Services and theirs. We are not liable or accountable for any of these third-party integrations.
We mention liability throughout these Terms, but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) 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 Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words, choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our best to deserve that bet through careful management of the business, investments in security, infrastructure, and talent, and in general caring about what we do. If you choose to use our Services, thank you for betting on us.
If you have any questions about any of these Terms, please contact our Support team.
Use Restrictions Policy
Updated May 24, 2023
Many users and teams use Almanack products. We are proud to give them a better way to work. We also recognize that however good the maker’s intentions, technology can amplify the ability to cause great harm. That’s why we’ve established this policy. We feel an ethical obligation to counter such harm: both in terms of dealing with instances where Almanack is used (and abused) to further such harm, and to state unequivocally that the products we make at Almanack are not safe havens for people who wish to commit such harm. If you have an account with any of our products, you can’t use them for any of the restricted purposes listed below. If we find out you are, we will take action.
- Violence, or threats thereof: If an activity qualifies as violent crime in Canada or where you live, you may not use Almanack products to plan, perpetrate, or threaten that activity.
- Child exploitation, sexualization, or abuse: We don’t tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Just stop.
- Hate speech: You cannot use our products to advocate for the extermination, domination, or oppression of people.
- Harassment: Intimidating or targeting people or groups through repeated communication, including using racial slurs or dehumanizing language, is not welcome at Almanack.
- Doxing: If you are using Almanack products to share other peoples’ private personal information for the purposes of harassment, we don’t want anything to do with you.
- Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
- Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
- Spamming: No one wants unsolicited commercial emails. We don’t tolerate folks (including their bots) using Almanack products for spamming purposes. If your emails don’t pass muster with CAN-SPAM or any other anti-spam law, it’s not allowed.
- Cybersquatting: We don’t like username extortionists. If you purchase an Almanack product account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancellation.
- Infringing on intellectual property: You can’t use Almanack products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.
While our use restrictions are comprehensive, they can’t be exhaustive — it’s possible an offense could defy categorization, present for the first time, or illuminate a moral quandary we hadn’t yet considered. That said, we hope the overarching spirit is clear: Almanack is not to be harnessed for harm, whether mental, physical, personal or civic. Different points of view — philosophical, religious, and political — are welcome, but ideologies like white nationalism, or hate-fueled movements anchored by oppression, violence, abuse, extermination, or domination of one group over another, will not be accepted here.
How to report abuse
For cases of suspected malware, spyware, phishing, spamming, and cybersquatting, please alert us at email@example.com.
For all other cases, please let us know by emailing firstname.lastname@example.org. If you’re not 100% sure if something rises to the level of our use restrictions policy, report it anyway.
Please share as much as you are comfortable with about the account, the content or behavior you are reporting, and how you found it. Sending us a URL or screenshots is super helpful. If you need a secure file transfer, let us know and we will send you a link. We will not disclose your identity to anyone associated with the reported account.
Someone on our team will respond within one business day to let you know we’ve begun investigating. We will also let you know the outcome of our investigation (unless you ask us not to, or we are not allowed to under law).