Terms of Use

Effective Date: June 5th, 2023
Last Updated: March 3rd, 2025

1. Acceptance of Terms

By accessing or using the website, services, or applications of ConformIT (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and ConformIT. Please read them carefully.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website with a new “Last Updated” date
  • Sending an email notification to your registered email address
  • Displaying a prominent notice on our website or service

Your continued use of our services after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our services.

3. Description of Services

ConformIT provides Law 25 compliance services for Quebec businesses, including:

  • Data Protection Officer (DPO) services
  • Privacy policy development and deployment
  • Data subject request management
  • Privacy complaint handling
  • Regulatory monitoring and updates
  • Breach response support
  • Compliance documentation and reporting

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

4. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

If you are using our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

5. Account Registration

Account Creation

To access certain features of our services, you must create an account by providing:

  • Accurate and complete information
  • A valid email address
  • A secure password
  • Business information as required

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

You must not:

  • Share your account credentials with others
  • Allow others to access your account
  • Create multiple accounts for the same entity

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

6. User Obligations

Prohibited Uses

You agree not to:

  • Use our services for any unlawful purpose or in violation of any applicable laws
  • Provide false, inaccurate, or misleading information
  • Impersonate any person or entity
  • Interfere with or disrupt our services or servers
  • Attempt to gain unauthorized access to our systems
  • Use automated systems (bots, scrapers) without our written permission
  • Transmit viruses, malware, or other harmful code
  • Collect information about other users without consent
  • Use our services to compete with us or develop competing services
  • Reverse engineer, decompile, or disassemble our software
  • Remove or modify any proprietary notices or labels

Acceptable Use

You agree to:

  • Provide accurate and complete information
  • Cooperate with us in providing services
  • Respond to our requests for information in a timely manner
  • Maintain appropriate security measures for your systems
  • Comply with all applicable privacy and data protection laws
  • Use our services in good faith and for legitimate business purposes

7. Payment Terms

Fees

Our services are provided on a subscription basis at the rates specified in your service agreement. Current pricing is available on our website.

Billing

  • Fees are billed monthly in advance
  • Payment is due upon receipt of invoice
  • We accept major credit cards and other payment methods as specified
  • All fees are in Canadian dollars (CAD) unless otherwise stated
  • Fees are non-refundable except as expressly provided in these Terms

Late Payment

If payment is not received by the due date:

  • We may charge interest at a rate of 1.5% per month (or the maximum permitted by law)
  • We may suspend your access to services until payment is received
  • We may terminate your account for non-payment

Price Changes

We reserve the right to change our fees at any time. We will provide at least 30 days’ notice of fee increases. If you do not agree to the new fees, you may cancel your subscription before the increase takes effect.

Taxes

All fees are exclusive of applicable taxes (GST, QST, etc.). You are responsible for paying all applicable taxes.

8. Term and Termination

Term

These Terms begin when you first access our services and continue until terminated by either party.

Termination by You

You may terminate your account at any time by:

  • Providing 30 days’ written notice
  • Following the cancellation process in your account settings

Termination does not relieve you of the obligation to pay any outstanding fees.

Termination by Us

We may suspend or terminate your account immediately if:

  • You breach these Terms
  • You fail to pay fees when due
  • You engage in fraudulent or illegal activities
  • Your use poses a security or legal risk
  • You provide false or misleading information

We may also terminate your account for any reason with 30 days’ written notice.

Effect of Termination

Upon termination:

  • Your right to access and use our services immediately ceases
  • We will provide you with copies of your compliance documentation
  • You remain responsible for any outstanding fees
  • Provisions that by their nature should survive termination will continue (including intellectual property rights, limitations of liability, and dispute resolution)

Data Retention After Termination

We will retain your data for 90 days after termination to allow for potential reactivation. After 90 days, we will delete or anonymize your data, except as required by law or for legitimate business purposes.

9. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our services, including but not limited to:

  • Text, graphics, logos, images, and software
  • Policy templates and documentation
  • Service methodology and processes
  • Trademarks and service marks

are owned by [Company Name] or our licensors and are protected by copyright, trademark, and other intellectual property laws.

License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services solely for your internal business purposes in accordance with these Terms.

You may not:

  • Copy, modify, or create derivative works of our services
  • Distribute, sell, lease, or sublicense our services
  • Use our trademarks without written permission
  • Remove or alter any proprietary notices

Your Content

You retain ownership of any content, data, or information you provide to us (“Your Content”). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit Your Content solely to provide services to you.

You represent and warrant that:

  • You own or have rights to Your Content
  • Your Content does not violate any third-party rights
  • Your Content complies with applicable laws

10. Confidentiality

Confidential Information

Both parties may have access to confidential information of the other party. “Confidential Information” includes business information, technical data, customer information, and any information designated as confidential.

Obligations

Each party agrees to:

  • Keep confidential information strictly confidential
  • Use confidential information only for the purposes of the agreement
  • Not disclose confidential information to third parties without consent
  • Protect confidential information using reasonable security measures

Exceptions

Confidential Information does not include information that:

  • Is or becomes publicly available through no breach of these Terms
  • Was known prior to disclosure
  • Is independently developed without use of confidential information
  • Is required to be disclosed by law

Duration

Confidentiality obligations survive for 5 years after termination of these Terms.

11. Warranties and Disclaimers

Our Warranties

We warrant that:

  • We will provide services with reasonable care and skill
  • Our services will substantially conform to the description provided
  • We have the right to provide the services

Your Warranties

You warrant that:

  • You have the authority to enter into these Terms
  • Your use of our services complies with applicable laws
  • Information you provide is accurate and complete
  • You will not use our services for unlawful purposes

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • TITLE
  • ACCURACY OR COMPLETENESS OF INFORMATION
  • UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

  • Our services will meet your specific requirements
  • Our services will be uninterrupted, timely, secure, or error-free
  • Results obtained from our services will be accurate or reliable
  • Defects will be corrected

Not Legal Advice

Our services do not constitute legal advice. We provide compliance support services, but we are not a law firm and do not practice law. For legal advice, you should consult with a licensed attorney.

12. Limitation of Liability

Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [COMPANY NAME], ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION
  • LOSS OF GOODWILL OR REPUTATION
  • COST OF SUBSTITUTE SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

The limitations in this section do not apply to:

  • Our gross negligence or willful misconduct
  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded by law

13. Indemnification

You agree to indemnify, defend, and hold harmless [Company Name], its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

  • Your use or misuse of our services
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your violation of any third-party rights
  • Your Content
  • Any breach of your representations and warranties

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

14. Third-Party Services

Our services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for:

  • The content, privacy policies, or practices of third-party services
  • Any damages or losses caused by third-party services
  • The availability or functionality of third-party services

Your use of third-party services is at your own risk and subject to their terms and conditions.

15. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to our collection and use of your information as described in our Privacy Policy.

16. Compliance with Laws

Your Compliance

You agree to comply with all applicable laws and regulations in your use of our services, including:

  • Privacy and data protection laws
  • Consumer protection laws
  • Anti-spam laws
  • Intellectual property laws
  • Export control laws

Our Compliance

We will comply with applicable laws in providing our services. However, you acknowledge that compliance with Law 25 and other privacy laws also depends on your own practices and policies.

17. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Jurisdiction

Subject to the arbitration provisions below, the courts of Quebec shall have exclusive jurisdiction over any disputes arising from these Terms.

Negotiation

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation for at least 30 days.

Arbitration (Optional – Choose if applicable)

[If you want to include arbitration provisions:]

Any dispute that cannot be resolved through negotiation shall be resolved through binding arbitration in accordance with the rules of [Arbitration Institution]. The arbitration shall take place in [City], Quebec, and shall be conducted in [English/French/both languages].

The arbitrator’s decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.

Class Action Waiver (Optional – Choose if applicable)

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including:

  • Acts of God (natural disasters, pandemics)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Internet or telecommunications failures
  • Labor disputes or strikes
  • Failures of third-party service providers

During a force majeure event, our performance obligations will be suspended for the duration of the event.

19. Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. Any attempted assignment in violation of this provision is void.

We may assign these Terms or any rights hereunder to any third party without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and [Company Name] regarding our services and supersede all prior agreements, understandings, and communications.

23. Language

These Terms have been drafted in English and French. In the event of any inconsistency between the English and French versions, the [English/French] version shall prevail.

24. Notices

To You

We may provide notices to you by:

  • Email to your registered email address
  • Posting on our website or service
  • Mail to your registered address

Notices sent by email are deemed received 24 hours after sending. Notices sent by mail are deemed received 5 business days after mailing.

To Us

You must send notices to us at:

ConformIT
Attention: Legal Department
2572 Bd Daniel-JohnsonLaval, QC H7T 2R3
Email: legal@conformite.ca

Notices to us must be sent by email or certified mail and are deemed received when we acknowledge receipt.

25. Survival

The following provisions shall survive termination of these Terms:

  • Payment obligations
  • Intellectual property rights
  • Confidentiality obligations
  • Warranties and disclaimers
  • Limitation of liability
  • Indemnification
  • Dispute resolution
  • Any other provision that by its nature should survive

26. Contact Information

If you have questions about these Terms, please contact us:

ConformIT
Address: 2572 Bd Daniel-JohnsonLaval, QC H7T 2R3
Email: legal@conformite.ca