Terms of Service

Version: 1.0
Effective: September 1, 2026

These Terms of Service ("Terms") are an agreement between you and MoonlitLabs Computing Ltd., operating as Dependably ("Dependably," "we," "us," "our"). They govern:

• your use of dependably.ca and its subdomains (the "Site"), including any free resources we publish there, and
• your use of our paid hosted services: Dependably Cloud, the hosted edition of Dependably Packages, and the hosted plans for Dependably StatusCheck, our monitoring and status page product (together, the "Cloud Services").

If your organization has signed a Master Cloud Service Agreement, Pilot Agreement, or other written agreement with us, that agreement governs the services it covers and takes precedence over these Terms where the two conflict.

By using the Site or a Cloud Service, you agree to these Terms. If you do not agree, do not use them.

1. Open source software is not governed by these Terms

Some of our software is open source and is licensed under its own licence, not these Terms:

• Dependably Packages Community Edition is licensed under the Apache License 2.0.
• Dependably StatusCheck Community Edition is licensed under the Apache License 2.0.

Your rights to download, run, modify, and redistribute that software come entirely from those licences. Nothing in these Terms limits those rights, and nothing in these Terms adds warranties, support obligations, or service commitments for software you host yourself. When you buy a Cloud Service, these Terms govern the Cloud Service, not the open source code it shares with the self-hosted versions.

2. Who can use the Site and the Cloud Services

To use the Site, you must be at least 18 years old, or the age of majority in your jurisdiction if that is higher.

To buy or use a Cloud Service, you must be at least 18 years old, or the age of majority in your jurisdiction if that is higher, and using it for business purposes. If you sign up on behalf of an organization, you represent that you have authority to bind that organization, and "you" means that organization.

You are responsible for keeping your account credentials confidential, for the accuracy of your account and billing information, and for what your authorized users do on your account.

3. Using the Site

We grant you a limited, non-exclusive, non-transferable, revocable right to access the Site for personal or internal business use. You may read our content, use any free resources we publish, contact us, and link to our public pages.

Free resources we publish on the Site are educational tools provided as is. They are not legal, audit, or professional advice, and using them does not create a consulting or auditor relationship. If you want to use our frameworks or tools in a commercial offering, contact us first at legal@dependably.ca.

4. Acceptable use

Our Acceptable Use Policy at dependably.ca/aup (the "AUP") applies to the Site and the Cloud Services and is part of these Terms. In short: no illegal content, no malware, no attacks on the service or anyone else, no monitoring of systems you are not authorized to monitor, and no forged provenance. The AUP has the full list and describes how we enforce it.

In addition, on the Site you may not scrape except consistently with robots.txt, probe or test the Site's security outside the disclosure program described in Section 16, misrepresent yourself, or resell Site content without our written consent.

5. Plans, fees, and billing

5.1 Plans and prices. The plans, limits, and prices for each Cloud Service are published on the Site or stated in an order form or quote we sign with you (an "Order Form"). The published pricing in effect when a billing period starts, or your Order Form, is what you pay. These Terms state no prices.

5.2 Billing. Subscription fees are billed in advance for the billing period you select, and subscriptions renew automatically until cancelled. Where a plan includes usage-based charges, they are billed in arrears at the published rates.

5.3 Currency and taxes. Fees are stated in the currency shown when you purchase or in your Order Form. Fees exclude taxes; you are responsible for applicable sales taxes, GST/HST/PST, VAT, and similar charges, other than taxes on our income.

5.4 Changes to fees and plans. We may change fees and plan structures with at least 30 days' notice by email to your account administrator. Changes take effect at your next renewal after the notice period; a prepaid term keeps its fee until that term renews.

5.5 Non-payment. If your account is overdue, we will notify you. If it remains unpaid 14 days after notice we may suspend the affected Cloud Service, and if it remains unpaid 30 days after notice we may terminate it. Suspension for non-payment does not pause fees already owed.

5.6 Refunds. Fees are non-refundable except where these Terms expressly say otherwise (Section 13), where a refund term we have published applies to your plan, or where the law requires a refund.

6. Support

We provide support for the Cloud Services through the channels we publish for your plan. Support is provided as part of the Cloud Services on a reasonable efforts basis. Beyond express commitments in an Order Form, the Cloud Services are provided as described in Section 17.

7. Trials and beta features

Where we offer a free trial, the trial runs for the published period, may be limited in capacity, and ends unless you convert to a paid plan. We may delete a workspace that is not converted within 30 days after its trial ends.

Features labelled beta, preview, or experimental are provided as is and may change or be withdrawn without notice.

8. Your content

8.1 Ownership. You own the content you and your authorized users submit to the Cloud Services: artefacts, packages, container images, models, metadata, monitor configurations, status page content, and anything else you upload or create there ("Customer Content"). We claim no ownership of it.

8.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, and display Customer Content solely to provide, secure, and support the Cloud Services, to comply with law, and to enforce the AUP. Section 9 governs AI.

8.3 Your responsibilities. You are responsible for your Customer Content, including having the rights to upload and distribute it and complying with the licences of open source packages and models you store or redistribute through your workspace. Artefacts obtained through the Cloud Services from public registries remain subject to their own licences and the upstream registries' terms.

8.4 Site submissions. If you submit content through the Site (an inquiry, a disclosure report), you keep ownership and grant us a licence to use it for the purpose you submitted it for.

9. AI

We do not use Customer Content or personal information to train, fine-tune, or evaluate AI models, ours or anyone else's, including de-identified or aggregated derivatives of it, and no third-party AI service receives Customer Content in any form. We may use AI tools in our own work on our own data.

Where a Cloud Service offers a feature that uses AI, we will say so before you use it. Such a feature does not use personal information to influence its responses. Its output is provided as is, may be wrong or incomplete, and is for you to review before relying on it; you are responsible for how you use it, and it is not professional advice.

You are responsible for the models, datasets, and prompts you store or distribute through a Cloud Service, including the licences and laws that apply to them, as Section 8.3 provides.

10. Our intellectual property

The Site, the Cloud Services, and their content (text, design, software we have not open sourced, documentation, and the AI DevSecOps Maturity Framework) are owned by MoonlitLabs Computing Ltd. or our licensors. The Dependably name and logo, and the Dependably Packages and Dependably StatusCheck product names, are ours. You may quote brief excerpts with attribution and link to our pages. You may not reproduce substantial portions of our content or use our names or logos without written permission. Section 1 governs our open source software.

11. Feedback

If you give us feedback or suggestions, we may use them without restriction or obligation to you. We claim no ownership of the feedback itself.

12. Suspension and enforcement

We may suspend or restrict access to the Site or a Cloud Service if we reasonably believe there is a violation of these Terms or the AUP, a security risk to the service, other customers, or third parties, or a legal requirement to act. Where practical we act as the AUP describes: warning first, narrow measures before broad ones, and notice as soon as we reasonably can.

13. Term, termination, and data export

13.1 Cancellation by you. You may cancel a Cloud Service subscription at any time, effective at the end of the current billing period. Prepaid fees for the remainder of a prepaid term are not refunded except as stated in this Section or in a refund term we have published for your plan.

13.2 Termination by us. We may terminate your access: for material breach of these Terms or the AUP not cured within 30 days of notice; immediately for a breach that cannot reasonably be cured; for non-payment under Section 5.5; or where required by law.

13.3 Termination for our breach. If we materially breach these Terms and do not cure within 30 days of your written notice, you may terminate the affected subscription and we will refund prepaid fees for the unused remainder of the term.

13.4 Discontinuation. We may retire a Cloud Service or plan with at least 60 days' notice. If we do, we will refund prepaid fees for the unused remainder of your term.

13.5 Data export. For 30 days after a Cloud Service subscription ends, you may retrieve your Customer Content, and we will provide reasonable export assistance if you ask at support@dependably.ca. After that period we may delete your Customer Content, and we will delete it within 90 days of termination, except where the law requires us to retain specific records. Retention of personal information follows our Privacy Policy.

13.6 Site access. We may suspend or terminate access to the Site itself at any time for violation of these Terms.

13.7 Survival. Sections 1, 8.1, 8.2, 9, 10, 11, 13.5, 14, 17, 18, 19, 21, and 22, and any accrued payment obligations, survive termination.

14. Privacy

Our Privacy Policy at dependably.ca/privacy explains what personal information we collect and why, and is incorporated into these Terms. A Data Processing Addendum is available on request for any paid plan, covering PIPEDA, Quebec's private-sector privacy law (Law 25), and the GDPR where they apply to your data; contact legal@dependably.ca. Enterprise customers sign it alongside the Master Cloud Service Agreement.

15. Third-party services and links

The Site and the Cloud Services may link to and interoperate with third-party services, such as public artefact registries, identity providers, notification channels, and payment processors. We do not control those services and are not responsible for their content, availability, or terms.

16. Security research

If you find a vulnerability in the Site or a Cloud Service, report it through our Security Policy at dependably.ca/security. That policy defines the scope of authorized testing and our safe harbour for good-faith research, and it is incorporated into these Terms for researchers who follow it. Testing outside that policy is not authorized.

17. Disclaimer of warranties

EXCEPT FOR EXPRESS COMMITMENTS IN AN ORDER FORM, THE SITE AND THE CLOUD SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT THE SITE AND THE CLOUD SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ARTEFACTS OBTAINED FROM THIRD-PARTY REGISTRIES ARE FREE OF DEFECTS OR VULNERABILITIES.

18. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO A CLOUD SERVICE IS LIMITED TO THE FEES YOU PAID US FOR THAT SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SITE OR FREE RESOURCES IS LIMITED TO CAD $100.

THESE LIMITS DO NOT APPLY WHERE THE LAW DOES NOT ALLOW THEM TO BE LIMITED, AND DO NOT LIMIT YOUR PAYMENT OBLIGATIONS OR YOUR OBLIGATIONS UNDER SECTION 19. IN JURISDICTIONS THAT DO NOT ALLOW SOME OF THESE LIMITATIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.

19. Indemnification

You will indemnify and hold MoonlitLabs Computing Ltd. and its directors, officers, and contractors harmless from third-party claims arising from your Customer Content, your violation of these Terms or the AUP, or your misuse of the Site or the Cloud Services, including reasonable legal fees.

20. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice, by email to your account administrator for Cloud Service customers and by posting on the Site for everyone else. Changes take effect on the stated effective date; for prepaid terms, no change that materially reduces your rights takes effect until your term renews. If you do not agree to a change, cancel before it takes effect. Continued use after the effective date is acceptance. The current version is always at dependably.ca/terms.

21. Governing law and disputes

21.1 Governing law. The Site and the Cloud Services are provided from British Columbia, Canada. These Terms, your use of the Site and the Cloud Services, and all related matters are governed by, and construed solely in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable there, excluding any rules of private international law or conflict of laws that would lead to the application of any other laws, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

21.2 Disputes. All disputes between you and Dependably arising from, connected with, or relating to these Terms, the Site, or the Cloud Services will be resolved before the Supreme Court of British Columbia, and each party irrevocably submits and attorns to the original and exclusive jurisdiction of that court, except that we may commence proceedings in the courts of any other jurisdiction seeking injunctive or similar urgent relief to enforce these Terms or to protect our rights in the Site, the Cloud Services, or our intellectual property.

22. General

22.1 Entire agreement; no oral commitments. These Terms, the documents they incorporate (AUP, Privacy Policy, Security Policy for researchers), and any Order Form are the entire agreement for your use of the Site and the Cloud Services. No sales conversation, marketing material, email, or other statement outside those documents creates a commitment, representation, or warranty, and nothing modifies these Terms except a change made under Section 20 or a written agreement signed by us.

22.2 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of substantially all assets.

22.3 Severability and waiver. If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.

22.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except your payment obligations.

22.5 Notices. We may deliver notices to your account administrator's email or by posting on the Site; an emailed notice is effective when sent. You may send notices to us through the contact methods published on the Site.

22.6 Language. These Terms are drafted in English at the express wish of the parties. Les parties ont expressément demandé que les présentes conditions soient rédigées en anglais.