1. Actif Software
Actif Software is a software hosted on the Internet, that manages many aspects of your business operations. It is sold as a S.a.a.S. (software as a service) subscription. Basic functions are offered free of charge, including 1 gigabyte of disk space for data storage.
2. Our responsibility
We provide you with a functional software and the necessary assistance to ensure that you can use it properly. We are also committed to maintaining the confidentiality of your data. However, we do not provide any accounting, tax or legal support or advice. For this type of assistance, you must deal with accredited professionals.
We do not guarantee that the application is free of errors, bugs, viruses or other limitations, but we work diligently to ensure its quality. We also do not guarantee that it will operate without interruptions
3. Your responsibility
To use our platform, make sure that you have a quality Internet connection. If you have provided us with bank or credit card details, you must notify us of any changes.
Your use is limited to a normal use, depending on your activities. You must not use your accesses to attempt an attack on our server, to generate massive spam or for any other non-compliant use, and you must not attempt to read the programming code.
It is your responsibility to ensure the legality of your use of the application. Do not assume that your activities through our application are legitimate. You use the application as is and assume all risks regarding its quality and performance.
To obtain support, you must use the means at your disposal, namely the support system offered on our website.
You must respect the number of users allowed per add-on. For the following add-ons, a license is required for every 10 human resources: the bookkeeping and accounting add-on, the employee pay add-on, the project management add-on, the schedule management add-on, the add-on for transport brokers, the add-on for carriers, the add-on for distribution, the add-on for work orders and the add-on for local messaging. For the following add-ons, a license is required for every 2500 clients(members): the secure document sharing add-on and the professional training add-on. Failure to comply with these conditions could cause your services to fail in terms of quality and speed, and you could lose data. The honoring of these terms could also be considered a violation of this Agreement.
Your subscription is not transferable to another company, neither by transfer nor by rental
4. Limitation of our liability
In the event that the software becomes non-functional, or an error or omission causes damage or makes its use impossible, our responsibility is to make the software functional or to correct the error within a maximum of 30 days. No other guarantees are offered, either explicit or implicit.
In no way can we be held responsible for:
- The inability to use the platform;
- Platform errors;
- Direct or indirect decisions taken with the information presented by the platform;
- Any direct or indirect damages caused by the platform, its errors or the inability to use it.
In the event that we are found guilty by the courts, you acknowledge that our limit of liability will be limited to the amounts received from you during the last 6 months of use. You acknowledge these terms and agree that Actif Software Inc. would not have been able to offer the application without them.
We are not responsible for the programming or services of third parties.
You are also aware that exceptional circumstances may require us to suspend the availability of the application for longer than desired, for example, in the event of a major failure or cyber-attack.
We will not be held liable for any delay or non-performance when the cause of the delay or non-performance is due to a case of force majeure, usually recognized by case law. The case of force majeure suspends the obligations arising from this contract for the entire duration of its existence. However, if the case of force majeure lasts for more than 30 consecutive days, it shall entitle either party to terminate this contract automatically eight days after sending a registered letter with acknowledgement of receipt announcing this decision.
In the event of non-payment for more than 30 days, we reserve the right to cut off your access to the service. In the event of non-payment for more than 90 days, we reserve the right to delete all your data and delete your account irreversibly.
6. Data deletion
Three months after the end of your subscription, we reserve the right to delete all your data and delete your account irreversibly.
Actif Software and its programming are protected by copyright.
8. Non-compliance with these clauses
We may immediately terminate your rights under this agreement without notice if any of the above clauses are not respected. In such a case, you will still have to cover the costs until the end of your contract.
9. Contact information for Actif Software Inc.
You will find the official contact information of Actif Software Inc. on the contact page of our website.
10. Interpretation of the contract
It is the wish of the parties that this document be drafted in English. Il est du souhait des partis que ce document soit rédigé en anglais. Any dispute will be handled in accordance with the laws of Quebec.