Terms of service
These Terms of Service (the “Terms”) govern access to and use of the Custodyne platform and website (the “Service”), operated by Custodyne Canada Inc. (“Custodyne”, “we”, “us”, or “our”), a company with its head office in Surrey, British Columbia, Canada. Please read them carefully.
1. Agreement to these terms
By accessing or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you”, “Subscriber”, and “your” refer to that organization. If you do not agree to these Terms, you must not use the Service.
2. Definitions
- “Service” means the Custodyne software-as-a-service platform, its website, and the related documentation and support we provide.
- “Subscriber” means the organization that subscribes to the Service, typically a Managed Service Provider.
- “Authorized User” means an individual the Subscriber permits to access the Service.
- “Signer” means an individual who signs a disposal approval through the Service.
- “Documentation Output” means the Chain-of-Custody records, disposal approvals, and certificates of destruction the Service produces.
- “Fees” means the amounts payable for the Service under an order or subscription.
- “Subscription Term” means the period for which the Subscriber has subscribed.
3. The Service, and what it is not
The Service is a record-keeping platform. It documents the Chain of Custody of data-bearing media and generates disposal approvals and certificates of destruction from the information that Subscribers and Signers enter and attest to.
Custodyne does not itself erase, wipe, degauss, physically destroy, transport, or recover data from any media device. Those activities are performed by the Subscriber or by vendors the Subscriber selects. The Documentation Output is a record of what the Subscriber, its personnel, its vendors, and Signers represent and attest; it is not an independent inspection, verification, or certification by Custodyne of the underlying facts, and it is not legal advice. The Subscriber is responsible for determining whether the Documentation Output meets the Subscriber’s own legal, regulatory, and evidentiary requirements.
4. Accounts and eligibility
The Subscriber must provide accurate account information and keep it current. Authorized Users authenticate using single-use sign-in links sent to their work email addresses; the Subscriber is responsible for managing its Authorized Users and for all activity that occurs under its account. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract to use the Service.
5. Subscriber responsibilities
As a condition of using the Service, the Subscriber agrees that it will:
- identify, before any disposal is approved, any data on a media device that the Subscriber or its customer requires, and record any request for a copy of data or a data-recovery process on the applicable form before approval;
- obtain all consents and authority necessary from Signers and from the Subscriber’s own customers before entering their information into the Service;
- ensure that the information it enters, and the media it documents, are accurate and correctly matched to each record;
- select and configure the correct media-sanitization standard for each record;
- maintain its own relationships with, and supervision of, any wiping, destruction, courier, or data-recovery vendors; and
- use the Service in compliance with all applicable laws.
As between the parties, the Subscriber is the organization accountable for the personal information of its customers and Signers.
6. Acceptable use
You must not: use the Service for any unlawful purpose; upload malicious code; attempt to gain unauthorized access to the Service or its systems; interfere with or disrupt the Service; reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law; resell or provide the Service to a third party except as expressly authorized; or upload content that infringes the rights of others.
7. Fees and payment
The Subscriber will pay the Fees set out in the applicable order or subscription. Subscription Fees are billed monthly in advance. Usage-based Fees, including any certificate overage, are billed monthly in arrears after the billing period closes. Invoices are payable on receipt, and all amounts are in Canadian dollars. Fees are exclusive of applicable taxes, which the Subscriber is responsible for paying. Except where required by law, Fees are non-refundable. We may suspend the Service for non-payment in accordance with section 15.
8. Data, privacy, and security
Our handling of personal information is described in our Privacy policy and, where applicable, in a data processing addendum, which is available to a Subscriber on request. Each party will comply with the privacy and data-protection laws applicable to it. The Subscriber retains all rights in the data it submits to the Service (“Subscriber Data”) and grants Custodyne a limited, non-exclusive licence to host, process, and transmit Subscriber Data solely to provide and support the Service.
9. Intellectual property
Custodyne and its licensors own all right, title, and interest in and to the Service, including its software, design, and brand. These Terms grant the Subscriber a limited, non-exclusive, non-transferable, revocable right to use the Service during the Subscription Term. Custodyne owns no rights in Subscriber Data beyond the licence in section 8. If you provide feedback or suggestions, you grant Custodyne a perpetual, royalty-free licence to use them without restriction.
10. Third-party services
The Service integrates with third-party services, which may include Cloudflare, Inc., Microsoft Azure and Microsoft Entra ID, Anthropic PBC, a Subscriber’s professional services automation system, and an email-delivery provider. Those services are governed by their own terms, and Custodyne is not responsible for the acts, omissions, availability, or content of any third-party service.
11. Service availability
We use commercially reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation. No service-level agreement currently applies to the Service, and none is offered unless agreed separately in writing. We may perform maintenance and may modify or discontinue features from time to time. A failure of an optional integration — for example, a write-back to a connected PSA — will not prevent the Subscriber from completing the underlying physical workflow in the Service.
12. Warranties and disclaimers
The Service and the Documentation Output are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Custodyne disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, Custodyne does not warrant that any Documentation Output will be accepted or relied upon by any court, auditor, regulator, insurer, or other third party.
13. Limitation of liability
To the maximum extent permitted by applicable law:
- Cap on liability. The total aggregate liability of Custodyne arising out of or relating to the Service or these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total Fees payable by the Subscriber for twelve (12) months of the Service under the applicable subscription.
- Excluded damages. Custodyne will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, or anticipated savings, or for any loss of or damage to data, in each case however caused and whether or not Custodyne has been advised of the possibility of such damages.
- Media and data outcomes. Without limiting the exclusions above, Custodyne will have no liability for any loss of data, loss of business, or other loss arising from the sanitization, destruction, disposal, return, or attempted recovery of any media device performed by the Subscriber or its vendors, or from a failure to identify data before a disposal was approved. Responsibility for those outcomes rests with the Subscriber, consistent with the acknowledgement and release the Signer provides.
What this cap does not limit. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. This includes liability for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, and for death or personal injury caused by negligence. These narrow carve-outs are stated so that the cap above remains enforceable as to everything else; a limitation that purported to exclude even these could be struck down in its entirety, which would defeat its purpose.
Each party acknowledges that the Fees reflect the allocation of risk in these Terms, and that these limitations are an essential basis of the bargain between the parties.
14. Indemnification
The Subscriber will defend, indemnify, and hold harmless Custodyne and its directors, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) Subscriber Data; (b) the Subscriber’s decisions to wipe, destroy, dispose of, return, or recover any media device; (c) the Subscriber’s breach of these Terms; or (d) the Subscriber’s violation of any law or of the rights of any third party.
15. Suspension and termination
Either party may terminate a subscription for material breach that remains uncured for thirty (30) days after written notice. Either party may also terminate a subscription for convenience on thirty (30) days’ written notice, effective at the end of the then-current billing period; except where required by law, Fees already paid are non-refundable. We may suspend access, in whole or in part, where reasonably necessary to address non-payment, a security risk, or unlawful use. On termination, the Subscriber’s right to use the Service ends, and Subscriber Data will be returned, exported, or deleted as set out in the applicable agreement or data processing addendum. Provisions that by their nature should survive termination — including sections 8, 9, 12, 13, 14, 16, and 17 — will survive.
16. Governing law and dispute resolution
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without regard to conflict-of-laws rules. Subject to any alternative dispute-resolution process the parties agree to in writing, the parties submit to the exclusive jurisdiction of the courts of the Province of British Columbia.
17. General
These Terms, together with any order, subscription, and addendum referenced in them, form the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in full force — the parties specifically intend that the invalidity of any part of section 13 will not affect the enforceability of the remainder of that section. Custodyne may assign these Terms in connection with a merger, acquisition, or sale of assets; the Subscriber may not assign them without our consent. A failure to enforce a provision is not a waiver of it. We may update these Terms, and will provide notice of material changes; continued use of the Service after a change takes effect constitutes acceptance. Neither party is liable for a failure or delay caused by events beyond its reasonable control.
18. How to contact us
Questions about these Terms may be directed to Custodyne Canada Inc., 300 - 15300 Croydon Drive, Surrey, BC V3Z 0Z5, Canada, or by email at support@custodyne.ca.
© 2026 Custodyne Canada Inc.