Terms of Service — Clairgest
1. Acceptance of terms
These terms (the "Terms") form a contract between you ("you" or the "Tenant") and Les Logiciels Cygsoft Inc. ("Cygsoft", "we", "us"), a Canadian company registered in Quebec (NEQ 1182033127, PO Box 1281 Sept-Îles QC G4R 4X7).
By creating an account, accessing or using the Clairgest service ("Service"), you acknowledge that you have read, understood and accepted these Terms together with our Privacy Policy.
If you act on behalf of a business, you warrant that you have authority to bind it.
2. Description of the Service
Clairgest is a software-as-a-service (SaaS) management solution for esthetics, hairstyling and massage therapy professionals across Canada. Among other features, the Service supports:
- appointment booking (internal and public),
- client management and treatment history,
- invoicing and point of sale,
- sending transactional communications (SMS reminders, confirmation emails),
- employee management and time tracking,
- accounting reports.
The Service is provided "as is" and evolves regularly. New features may be added and some may be modified or removed.
3. Registration and account
You must:
- be at least 18 years of age and have the legal capacity to contract;
- provide accurate and current information when registering;
- maintain the confidentiality of your credentials and the authenticity of your email address;
- notify us promptly of any unauthorized access to your account.
You are solely responsible for activities carried out through your account.
4. Plans, pricing and payment
4.1 Plans
The Service is offered under various pricing plans whose features and prices are published on the website and within the Service interface. Cygsoft reserves the right to change pricing with 30 days' notice, it being understood that any change applies only to future billing periods.
4.2 Trial period
A free trial of 7 days is offered to new Tenants from the time of account creation. No payment method is required for this period. At the end of the trial, access to the Service requires activation of a paid plan.
4.3 Billing
Subscriptions are billed monthly on the activation date, in Canadian dollars (CAD), before applicable taxes (GST, QST or HST depending on the billing province).
Failure to pay results in suspension of access to the Service after a 7-day notice, and termination after 30 days of non-payment. During suspension, Tenant data is retained and accessible upon resolution.
4.4 Termination by the Tenant
You may terminate your subscription at any time from the Service interface, with no fee or penalty. Termination takes effect at the end of the current billing period; no prorated refund is offered for periods already started, except as required by law.
4.5 Refund policy
Payments made are non-refundable, except for:
- termination for cause by Cygsoft (where the Tenant is in compliance with the Terms),
- a legal obligation to refund.
5. Tenant data and ownership
5.1 Data ownership
You retain all rights, title and interest in the data you input into the Service ("Tenant Data"), including client records, appointment history and content you produce.
You grant Cygsoft a limited licence, non-exclusive, worldwide and revocable, to use, process and store the Tenant Data strictly to provide, maintain and improve the Service.
5.2 Confidentiality
Cygsoft treats Tenant Data as confidential, in accordance with our Privacy Policy.
5.3 Tenant's responsibility toward their own clients
The Tenant is solely responsible for:
- obtaining the consent of their End clients for the collection of their information,
- complying with the obligations imposed by Quebec's Law 25, Canada's PIPEDA and any other applicable law,
- collecting parental consent for minor End clients (see Privacy Policy art. 11),
- responding to End clients' requests regarding their rights (access, rectification, deletion),
- retaining and producing proof of consent if requested by a regulatory authority.
Cygsoft provides the technical tools to fulfill these obligations (export, deletion, audit log), but their execution is the Tenant's responsibility.
5.4 Export and portability
At any time, and at the latest upon termination, the Tenant may export their Data in a structured format (CSV or JSON) through the Service interface. This export remains available free of charge for 30 days following termination.
6. Acceptable use
You agree not to:
- use the Service for illegal, fraudulent or deceptive activities,
- send unsolicited commercial electronic messages (spam) in violation of Canada's Anti-Spam Legislation (CASL / Bill C-28),
- circumvent or attempt to circumvent security or multi-tenant isolation mechanisms,
- reverse engineer, decompile or extract source code,
- host or distribute through the Service any illegal, defamatory, hateful or sexually explicit content involving minors, or content that infringes the rights of third parties,
- flood, overload or disrupt the Service's servers or infrastructure,
- resell, lease or sub-licence access to the Service to third parties without prior written authorization from Cygsoft,
- use unauthorized robots or automated systems to interact with the Service.
Any breach may result in immediate suspension or termination of the account, without refund, and may give rise to legal proceedings.
7. Cygsoft intellectual property
The Service, its code, its design, its interfaces, its brand ("Clairgest"), its logos and all documentation are the exclusive property of Cygsoft (or its licensors), and are protected by copyright, trademark and other intellectual property laws.
Nothing in these Terms grants you any right or licence to these elements, other than a limited right to use the Service in accordance with these Terms.
8. Limited warranties and availability
8.1 Service provided "as is"
The Service is provided "as is" and "as available". To the fullest extent permitted by law, Cygsoft disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Availability
Cygsoft makes reasonable efforts to maintain high Service availability but does not guarantee uninterrupted, error-free or perfectly secure operation. Maintenance windows may cause interruptions, generally announced in advance.
8.3 Backups
Cygsoft maintains backups of the Service, but the Tenant remains responsible for keeping their own copies of critical data, particularly through the export feature.
9. Limitation of liability
To the fullest extent permitted by applicable law, Cygsoft's total cumulative liability to a Tenant, for any cause whatsoever (contractual, tort or otherwise), in any given year, shall not exceed the amount of subscription fees paid by that Tenant to Cygsoft during the twelve (12) months preceding the event giving rise to the claim.
In no event shall Cygsoft be liable for indirect, incidental, special, exemplary or consequential damages, including loss of profits, revenue, data or goodwill, even if Cygsoft has been advised of the possibility of such damages.
Nothing in these Terms operates to exclude or limit any liability that cannot be lawfully excluded or limited (notably public order obligations).
10. Indemnification
You agree to indemnify and hold Cygsoft harmless (along with its officers, employees and subcontractors) from any claim, loss, liability, damage, fee or expense (including reasonable legal fees) arising from:
- your breach of these Terms,
- your unlawful or unauthorized use of the Service,
- any breach by you of a third party's rights (notably the privacy of your End clients),
- the content you input or distribute through the Service.
11. Suspension and termination by Cygsoft
Cygsoft may suspend or terminate your access to the Service, without notice, in the event of:
- a serious or repeated breach of these Terms or the Privacy Policy,
- persistent failure to pay after notice,
- reasonable suspicion of fraudulent or illegal activity,
- an order from a competent judicial or regulatory authority,
- a threat to the integrity of the Service or to the security of other Tenants.
In the event of termination for cause, your Data remains retrievable for 30 days, subject to any contrary legal obligations.
12. Changes to the Service
Cygsoft may evolve the Service by adding, modifying or removing features. Substantive changes affecting the primary use of the Service will be communicated with reasonable advance notice.
If a change substantively reduces essential features of an active paid plan, the Tenant may terminate their subscription and receive a prorated refund of amounts paid in advance and unused.
13. Changes to the Terms
Cygsoft may update these Terms. The date of the latest update is shown at the top of the document.
For substantive changes, we will notify Tenants by email and require their explicit acceptance at their next login. Refusing to accept the new Terms terminates the contract at the end of the current billing period.
14. Assignment
You may not assign your rights or obligations under these Terms without our prior written consent.
Cygsoft may assign these Terms, in whole or in part, to any affiliated entity or in the event of a merger, acquisition or sale of assets, provided that the Tenant's rights are preserved at least equivalently.
15. Force majeure
Neither party shall be liable for failure to perform its obligations caused by an event beyond its reasonable control (natural disaster, major infrastructure failure of third-party providers, government action, armed conflict, pandemic, etc.).
16. Governing law and jurisdiction
These Terms are governed by the laws applicable in the province of Quebec, Canada, without regard to its conflict-of-laws rules.
Any dispute arising from these Terms or the Service shall be submitted exclusively to the jurisdiction of the courts of the judicial district of Mingan (Sept-Îles), province of Quebec, subject to remedies that may be brought before a court of another district under public order rules.
17. General provisions
- Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and Cygsoft.
- No waiver: Cygsoft's failure to exercise a right or provision shall not constitute a waiver.
- Severability: if a clause is held invalid or unenforceable, the remaining clauses remain in force.
- Survival: the sections relating to intellectual property, confidentiality, limitation of liability, indemnification, governing law and jurisdiction survive termination.
18. Contact
For any question regarding these Terms:
Les Logiciels Cygsoft Inc.
PO Box 1281
Sept-Îles (Quebec) G4R 4X7
Canada
Email: support@clairgest.ca
These Terms were originally drafted in French. The French version prevails in case of any discrepancy with this translation.