The L'Astucemax Insight solution, available on the web platform www.astucemax.ca, is co-managed by Innovation Maxomsoft Inc. (2540 Daniel-Johnson Blvd., Suite 710, Laval, Quebec, Canada, H7T 2S3) and Astuce Formations Inc. (6146 rue d'Alésia, Quebec, Quebec, G2C0C2, Canada). For any questions regarding the General Terms of Use (the "Terms"), please contact us at info@maxomsoft.ca. In this text, for ease of reading, Astucemax Insight refers to and represents the two aforementioned companies.

​

​

​

Astucemax Insight categorizes users into three different categories based on the products used:

1. Web Site Visitors: Users who browse the web sites.

2. Free Users: Those who use the free version of Astucemax Insight (free trial period). Although Free Users can access and use the service, they have access to a more limited set of features and characteristics of the service than subscribers.

3. Subscribers: Users who use the service under a paid Astucemax Insight subscription, regardless of the subscription category.

The features and functionalities of the service available to subscribers are determined by the chosen subscription category and the specific conditions agreed between Astucemax Insight and the organization (e.g., your employer or another entity or person, referred to as the "Client") that has entered into a separate agreement governing the delivery, access, and use of the Service (the "Client Contract").

​

For the purposes of these Terms, these three categories of users are considered collectively under the terms "Users", "you", or "your". Regardless of the category of user you belong to, these conditions create a legal agreement between you and Astucemax Insight and explain the rules governing the use of the service and websites.

 

By accessing or using the Service and the websites, you acknowledge and agree that you have read, understood, and agreed to be bound by these terms and our Privacy Policy. If you do not accept these terms, please do not access or use the Service and the Websites.

​

We may occasionally modify these terms. Please check this page periodically for potential updates. We will comply with locally applicable legal obligations to inform you of changes to these Terms. Your continued use of the Service and Websites after such an update constitutes acceptance of such changes.

​

​

Eligibility and Scope To use the Service and Websites, you declare and warrant that you are at least 18 years old and legally competent to accept these Terms. If Astucemax Insight has previously prohibited you from accessing or using the Service and Websites, you are not authorized to access or use the service and websites.

​

2. Registration and Account Use

• 2.1 Registration and Account Confidentiality: You must create an Astucemax Insight account by providing a username and password. You agree to provide accurate, complete, and up-to-date information at registration. You are responsible for keeping your password confidential and secure. By registering, you agree to be fully responsible for all activities that occur under your username and password. We assume all communications received under your account have been made by you. If you are the billing holder, an administrator, or have confirmed in writing that you have the authority to make decisions on behalf of a Client ("Account Administrator"), you declare and warrant that you are authorized to make decisions on behalf of the Client and agree that Maxomsoft may rely on your instructions.

​

​

​

• 2.2 Unauthorized Use of Account: It is your responsibility to notify us by email at info@maxomsoft.ca if you are aware of any unauthorized use or access to your account. You understand and agree that we may ask you to provide information that may be used to confirm your identity and help ensure the security of your account. Astucemax Insight is not responsible for any losses, damages, liabilities, expenses, or attorney's fees that you may incur due to someone else's use of your password or account, with or without your knowledge and/or authorization, whether or not you have informed us of such unauthorized use. You are responsible for any losses, damages, liabilities, expenses, and attorney's fees incurred by Astucemax Insight or a third party due to someone else using your account. If the Account Administrator or Client loses access to an account or requests information about an account, Astucemax Insight reserves the discretionary right to request any verification it deems necessary from the Account Administrator or Client before restoring access to or providing information about the account.

​

​

​

3. Intellectual Property

The service and websites are the intellectual property of Astucemax Insight and are operated by Innovation Maxomsoft Inc. and Astuce Formations Inc. They contain material (including all software, design, text, editorial material, informative text, photographs, illustrations, audio clips, video clips, graphics, and other graphic materials, as well as names, logos, trademarks, and service marks) that are derived in whole or in part from material provided by Astucemax Insight and its partners, as well as other sources and are protected by Canadian copyright, trademark laws, and other intellectual property laws.

​

The Service and Websites are also protected as a collective work or compilation under Canadian and international copyright law and other laws and treaties. You agree to comply with all applicable copyright and other related laws, as well as any additional copyright notices or restrictions contained in the Service and on the Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and organized by Astucemax Insight and its partners through the application of methods and standards of judgment developed and applied through significant time, effort, and financial investment, constituting valuable intellectual property for Maxomsoft and its partners.

You agree to immediately inform Astucemax Insight if you become aware of a claim that the Service and Websites have infringed any copyright, trademark, or other contractual or legal provision or common law. Unauthorized use of any material contained on or via the service and websites may violate copyright laws, trademark laws, privacy and publicity rights, and communication regulations and laws.

​

4. User Content and Feedback

• 4.1 User Content and Posting on the Service: The Service allows you to create tasks and upload information, text, files, and other associated documents (collectively, "User Content") and share this User Content with others. User Content uploaded or made accessible on the Service is subject to the following conditions:

​

​

​

• 4.1.2 Subscriber User Content: Content uploaded to the service by subscribers ("Subscriber User Content") is owned and controlled by the client as indicated in the introduction of these terms. Astucemax Insight retains a limited, non-exclusive, and non-transferable license (except as part of the sale or transfer of its business) to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: maintain, provide, and improve the Service; prevent or resolve technical or security problems and resolve support requests; investigate when we believe in good faith, or have received a complaint alleging that the subscriber user content is in violation of a Client Contract or these terms; comply with a subpoena or any other legal request that respects the requirements of the client contract and our law enforcement guidelines; as otherwise established in our client contract or expressly authorized by the Client.

​

​

​

​

• 4.2 Feedback on the Websites: The Websites may feature certain functionalities that allow you to submit comments, information, and other materials (collectively, "Feedback") to Astucemax Insight and share this feedback with other users, or with the public. By submitting feedback through the Websites, you grant Maxomsoft a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display this Feedback for any purpose (including in testimonials or other Astucemax Insight marketing documents and when the law or good faith requires compliance with a legal process). We reserve the right to remove any Feedback posted in public forums for any reason, at our sole discretion.

​

​

​

• 4.3 Recourse Related to User Content and Feedback: You acknowledge and agree that you have all necessary rights to submit user content and feedback without violating any third party's rights. You understand that Maxomsoft does not control and is not responsible for user content or feedback, and that by using the Service and/or Websites, you may be exposed to user content or feedback from other users that may be offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that user content and feedback may contain typographical errors and other errors or inaccuracies. You agree to indemnify, defend, and hold Astucemax Insight harmless from any liability for any claim arising from user content or feedback that you submit via the service and/or websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes and, in any case, you agree to cooperate with us to support any available defense.

​

​

​

5. License and Compliant Use​

​

5.1 Your License.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the service and websites solely for your own internal use (or, for Subscribers, the uses authorized by the Client), and only in a manner that complies with all applicable legal requirements pertaining to you or your use of the services and websites, including Maxomsoft's Privacy Policy and these terms. Astucemax Insight may revoke this license at any time, at its sole discretion.

​

​

​

5.2 Compliant Use.

All Users must adhere to the following rules regarding the compliant use of the Service and Websites. Disruption of Service. You do not have the right to: access, falsify, or use non-public areas of the Service and Websites, the computer systems of Astucemax Insight, or the technical delivery systems of Astucemax Insight's providers; probe, scan, or test the vulnerability of a system or network, or violate or circumvent any security or authentication measures; access or search the Service and Websites by any means other than Astucemax Insight's publicly supported interfaces; attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable demands on our resources; or hinder or disrupt the access of any user, host, or network, including but not limited to sending a virus, spamming, mail bombing the Service and Websites, or creating scripts for the creation of user content in a way that interferes with the Service and Websites or creates an excessive burden on them.

​

​

​

5.3 Misuse of the Service and Websites.

You do not have the right to use the Service and Websites to conduct, promote, or support: any illegal or fraudulent activity; impersonation of another person or entity, or falsely representing an affiliation with a person or entity in a way that is intended or likely to mislead, confuse, or deceive others; defamatory, libelous, or threatening activities, or hate speech or harassment; publishing or displaying personal or private information of other people without their express authorization and permission; sending unsolicited communications, promotional advertisements, or spam; publishing malicious content intended to damage or disrupt another user's browser or computer, or linking to such content; or promoting or advertising products or services other than your own without appropriate authorization; containing personal information about minors; containing sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without the prior written consent of Astucemax Insight granted in the context of a Client Contract; containing viruses, computer "bots," worms, or other similar harmful materials; or containing information that you do not have the right to share under any law, contractual or fiduciary duty.

​

​

​

Violations of this Section

In addition to all other remedies available to us, Maxomsoft reserves the right to take any corrective action it deems necessary, including immediate suspension or termination of your account or your access to the Service or Websites, with prior notice and without liability for Astucemax Insight, if you do not comply with the rules of this Section 5, or if, at our sole discretion, such action is necessary to prevent disruption of the service or websites for other users.

​

If you are a subscriber, Astucemax Insight reserves the right to notify the account administrator or other client representatives of any violation of these conditions.

​

6.PRIVACY POLICY

For more information on how we collect, use, and share the data we collect from you and about you, please consult our Privacy Policy, which is incorporated by reference into these terms.

​

​

​

7.LIMITATION OF LIABILITY

If we fail to comply with these Terms, we will only be responsible for losses or damages you suffer that are a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time the contract was made. Please note that we only provide the Service and Websites for your internal use. We have no liability to you for any loss of profit, business interruption, or loss of business opportunity arising from your use of the Service and Websites or your reliance on them. We do not exclude or limit our liability to you in any way when it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, liability for fraud or fraudulent misrepresentation, and for breaching your legal rights in connection with the Service and Websites.

​

​

The information presented on or via the Service and Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

​

​

​

8.VIRUSES

You understand that we cannot guarantee and do not guarantee that files available for download from the Internet or from our Service or Websites will be free of viruses or other malicious programs. It is your responsibility to implement sufficient control procedures to meet your specific requirements for antivirus protection and data input and output accuracy, and to maintain an external means to the Service and Websites for any potential restoration of lost data.

​

​

​

9.LINKS AND THIRD-PARTY SERVICES

The Service and the Websites may provide information and content provided by third parties; links to third-party websites or resources, such as vendors of goods and services; and third-party products and services sold directly to you. Astucemax Insight is not responsible for the availability of these external sites or resources, and assumes no responsibility for any content, advertising, products, or other materials available on these sites or resources, any errors or omissions in these sites or resources, or any information management practices or other business practices of the operators of these sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any linked site or resource. Your interactions with these third-party services and sites will be governed by their own terms of use and privacy policy, as well as any other similar conditions.

​

​

​

10. MODIFICATION

Maxomsoft reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service and the Websites (or any part thereof), with or without notice. You agree that we shall not be liable to you or any other person for any modification, suspension, or interruption of the Service and Websites.

​

​

​

11.APPLICABLE LAW

Please note that these Terms, as well as their subject and formation, are governed by Canadian law. Your right as a consumer to avail yourself of these rights and mandatory local provisions. You can contact Maxomsoft by email at the following address info@maxomsoft.com if you have any complaints or disputes about the Astucemax Insight Service and you must do your utmost to resolve any dispute, claim, question, or disagreement through consultation and negotiation in good faith. These dispute resolution formalities are a precondition for any legal action or any other form of complaint by a party. If we are unable to agree on a solution within 30 days from the time informal dispute resolution is implemented, and to the extent permitted by applicable law, all disputes, disagreements, claims, or actions between you and Astucemax Insight related to or arising from the Services will be subject to the exclusive jurisdiction of the courts of Canada (Laval, Quebec).

​

​

12.GENERAL PROVISIONS

​

12.1 No Waiver.

If we fail to insist that you perform your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, it does not mean that we have waived our rights against you and you are not relieved of your obligations. Any waiver of any action against a breach or violation by you will only be in writing and will not automatically waive any action taken to sanction a future breach by you.

​

​

12.3. Severability.

Each clause of these Terms operates separately. If any court or competent authority rules that any of them are unlawful or unenforceable, the remaining clauses will remain in full force.

​

​

12.4. Miscellaneous.

The headings of the sections of these Terms are for reference only and have no legal or contractual effect.

​

12.4 Notifications.

We may send you a notification by email, on the Service and Websites, or by any other method we choose. Such notification will take effect at the time of dispatch. If you wish to notify us, this notification will take effect upon receipt and you must use the following email address: info@maxomsoft.ca.

​

​

13.​QUESTIONS

If you have any questions about these Terms, please contact us at info@maxomsoft.ca.

​

​

​

14.PERSONAL INFORMATION SECURITY

We employ reasonable security measures in line with applicable data protection laws to protect personal information from unauthorized access. Innovations Maxomsoft Inc. has implemented security measures that include administrative, technical, and physical controls designed to protect personal information.

 

Despite these measures, no mode of transmission or storage of information is 100% secure or error-free; therefore, we unfortunately cannot guarantee absolute security. If you have reason to believe that your interactions with us are no longer secure (for example, if you believe that the security of any information you have provided to us has been compromised), please contact us immediately at the contact details provided in the "Contact Person" section below.

​

15.PERSONAL INFORMATION RETENTION

We only retain personal information that we collect, process, or access for as long as necessary to retain it for the purposes for which it was collected or for which we obtained your consent, unless the law requires otherwise. We destroy, erase, or anonymize personal information that we no longer need for the purposes described above. Astucemax Insight ensures that personal information is destroyed in a manner

​

16.WITHDRAWAL OF CONSENT TO RECEIVE COMMUNICATIONS

If you no longer wish to receive marketing emails from us, you may withdraw your consent to receive such emails by clicking on the "unsubscribe" link at the bottom of the emails you receive from us. Alternatively, if you created an online account when you signed up for our mailing list, you can log into your account and change your communication preferences. You can also withdraw your consent in this regard by directly contacting us via email at info@maxomsoft.ca. We will endeavor to respond promptly to your withdrawal request; however, please allow a reasonable amount of time for us to process your request. Please note that despite your withdrawal of consent to receive marketing emails, we may still need to send you communications regarding your use of our products or services, or for other reasons.