Terms of Service
These Terms govern your use of Canary. They are written deliberately short so a reasonable person can read them end-to-end. Where the law forces specific language, we say so.
1. What Canary is
Canary is a marketplace that connects patients (homeowners, renters, and pre-purchase buyers) with independently licensed environmental inspectors and independently licensed medical providers. Canary is not a healthcare provider, not a clinical laboratory, and not an inspector. Inspectors are independent contractors, not employees. Providers are independent licensed clinicians, not employees.
2. Who can use the platform
You must be 18 or older, legally able to enter a contract, and eligible to use a regulated health platform in your state. You may book on behalf of a member of your household if you are their legal guardian or attorney-in-fact for healthcare matters.
3. Your account
- You're responsible for keeping your password secret and your session secure.
- You agree your account information is accurate and that you'll update it when it changes.
- If your account is compromised, tell us at security@canary.health immediately. We will not penalize you for prompt disclosure.
- We reserve the right to suspend or terminate accounts that violate these Terms, applicable law, or our Notice of Privacy Practices.
4. Bookings and payment
- The price shown at booking is a good-faith estimate based on the median quote from inspectors in your zip. Final price is set when an inspector accepts your booking.
- Canary collects a platform fee of 15% of the inspector's quoted price.
- HSA/FSA payment is contingent on a signed Letter of Medical Necessity from a provider in our network. If the provider declines to sign, you may either pay out-of-pocket or cancel without charge.
- You may cancel a booking at no charge until the moment an inspector accepts. After acceptance, cancellation terms in the inspector's quote apply (typically 24-hour notice for a full refund).
5. Disclosure consent
When you book, you affirmatively authorize Canary to disclose the minimum-necessary information to the matched inspector (after they accept) and, if you selected HSA/FSA, to a licensed provider in our network for LMN review. The version of the consent text you accepted is recorded on your booking. You may revoke the authorization in writing prior to the inspection by cancelling the booking.
6. Inspector and provider conduct
Inspectors agree to maintain their certifications, perform sampling and chain-of-custody in accordance with applicable standards (AIHA, EPA, state board), and respect the minimum-necessary scope of patient information. Providers agree to sign LMNs only for indications they would sign for in their own clinical practice, to maintain their licenses and BAA, and to operate within state telehealth scope.
7. Lab results
Lab analyses are performed by AIHA-LAP accredited (or equivalent) labs operating under their own quality systems. Canary publishes results as reported by the lab; we do not modify underlying analytical data. If a result is in dispute, you can request reanalysis at the lab's published reanalysis pricing.
8. No medical advice
Inspection results are not a medical diagnosis. The LMN documents medical necessity for HSA/FSA reimbursement under IRS Publication 502. Decisions about treatment, remediation, or further testing should be made in consultation with your treating clinician.
9. Privacy
Our privacy practices are described in the Privacy Policy and the Notice of Privacy Practices. Those documents are incorporated into these Terms by reference.
10. Intellectual property
You retain ownership of any content you upload (questionnaire responses, photos, addresses). You grant Canary a non-exclusive license to use that content solely to fulfill the inspection, generate documentation, and operate the platform. The platform itself, including software, copy, and brand, is Canary's intellectual property.
11. Disclaimers
The platform is provided "as is". We do not warrant that results will be uninterrupted or error-free. We do not guarantee inspection or remediation outcomes.
12. Limitation of liability
Except for our gross negligence, willful misconduct, or HIPAA violations, Canary's aggregate liability to you arising out of or in connection with the platform shall not exceed the greater of (a) the platform fees you paid in the 12 months preceding the claim or (b) $500. Some jurisdictions do not allow limitations of liability for personal injury; in those jurisdictions, the limitation applies only to the extent permitted by law.
13. Indemnification
You agree to indemnify and hold harmless Canary from third-party claims arising out of your breach of these Terms or your misuse of the platform.
14. Disputes
We prefer to resolve disputes by direct conversation. Email disputes@canary.health with the facts of your concern and we'll respond within five business days. If we can't resolve it, disputes are subject to binding arbitration under JAMS rules in [STATE TO BE SET BY COUNSEL], with each party bearing its own fees. You may opt out of arbitration within 30 days of account creation by emailing disputes@canary.health.
15. Changes to these Terms
We may update these Terms. Material changes will be announced in the app and on this page at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
16. Contact
Email legal@canary.health for any question about these Terms.