Cairn - Terms of Service

This agreement is between you and TwentyTwoStudios, an individual trading as TwentyTwoStudios ("we", "us"), in Ontario, Canada. It covers our website and the account and purchasing side of the licence service — creating an account, buying or changing a licence, and anything else you do through the website. It does not cover your right to install and run the Cairn desktop application: that is the End User Licence Agreement (EULA), which ships with Cairn and is the agreement that governs the software itself. Where the two overlap, the EULA is the one that controls the software licence.

By using our website or creating an account, you agree to these terms. If you do not agree, do not use the website or create an account.

1.Your account

1.1You need an account to buy or manage a Cairn licence. You are responsible for keeping your account credentials and email address current and for anything done through your account.

1.2One account is tied to one licence key. You must not share your account or your licence key — see EULA clause 3.1(e).

1.3Tell us promptly if you believe your account has been accessed without your permission.

2.Purchases

2.1Prices are shown on our website at the time of purchase, in the currency displayed, and may change at any time. A change does not affect a purchase you have already made.

2.2Payments are handled by our payment processor. We do not receive or store your payment card details — see our privacy policy, clause 2.3.

2.3You are responsible for any taxes that apply to your purchase, except taxes on our income.

2.4Buying a licence or an estate slot creates the rights and obligations described in the EULA, in particular clause 2 (your licence) and, for a perpetual licence's estate slots, clause 2.3's rule that giving a slot to an estate is permanent.

2.5Refunds and cancellations are governed by our Refund and Cancellation Policy, which ships with Cairn alongside this agreement.

3.Referrals and third-party services

3.1We may show links or information about services relevant to settling an estate — for example funeral homes, real estate agents, removal services, or lawyers. We may receive a fee for a referral that leads to business for one of these services.

3.2These services are independent of us. We do not vouch for them, and any arrangement you make with one is between you and them.

3.3None of these referrals or any advertising we show is targeted using your estate data. Your estate data never leaves your computer, and we have no way to use it for this or anything else — see the EULA, clause 5.1.

4.Acceptable use

4.1You must not use the website or the licence service to:

1. (a)attempt to gain unauthorised access to another account, to our systems, or to any estate slot or licence that is not yours;
2. (b)interfere with the licence service or attempt to bypass Cairn's licence checks — see EULA clause 3.1(h);
3. (c)scrape, overload, or automate requests against the website or licence service outside of normal use;
4. (d)use the website or licence service to break the law, or to transmit malicious code.

5.Our content

5.1The website's text, design, and the Cairn name and mark, are ours or our licensors' and are protected by copyright and other intellectual property laws. Using the website does not give you any right to them beyond what is needed to use our service.

6.Availability

6.1We do not guarantee the website or the licence service will always be available. Cairn is designed to keep working offline between licence checks — see EULA clause 2.6 — so an outage of the website or licence service does not, on its own, stop you from using the software you have already activated.

7.Disclaimer of warranties

7.1The website and licence service are provided "as is" and "as available", without warranty of any kind, to the maximum extent permitted by law.

7.2Nothing in this agreement limits rights you have under the Consumer Protection Act, 2002 (Ontario), or under any other consumer protection law that applies to you and cannot be excluded by agreement.

8.Limitation of liability

8.1Nothing in this agreement limits or excludes liability that cannot be limited or excluded by law, including liability for fraud.

8.2Subject to clause 8.1, we are not liable to you for any loss of profits, loss of goodwill, or any indirect or consequential loss arising under or in connection with this agreement, whether in contract, tort (including negligence) or otherwise.

8.3Subject to clause 8.1, our total liability to you for all claims arising under or in connection with this agreement will not exceed the amount you paid us in the twelve months before the event giving rise to the claim.

9.Suspension and termination

9.1We may suspend or close your account if you materially breach this agreement and, where the breach can be remedied, do not remedy it within fourteen days of our notice asking you to.

9.2Closing your account does not, on its own, deactivate a Cairn licence already installed, and does not affect your estate data, which was never with us.

9.3You may close your account at any time by contacting us.

10.Changes to these terms

10.1We may change this agreement. We will show the updated version on our website with a new "last updated" date, and for a significant change we will tell you before it takes effect. Continuing to use the website or your account after a change means you accept it.

11.General

11.1This agreement, together with the EULA, the privacy policy, and the Refund and Cancellation Policy, is the entire agreement between you and us about the website and the licence service.

11.2If any part of this agreement is found invalid or unenforceable, the rest continues in effect.

11.3If we do not enforce a right straight away, we have not given it up.

12.Governing law

12.1This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there.

12.2The courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or in connection with this agreement.

13.Contact

13.1You can contact TwentyTwoStudios by email at ghenderson8181@gmail.com, or through our website at https://hliwudnew.github.io/.

Portions of this agreement are based on a free template from SEQ Legal.