top of page

LEGAL
NOTICE

Sans titre - 2021-06-03T123405_244.webp

Maxomsoft, Inc. (“Maxomsoft”, “we”, “our”) offers a variety of wealth management financial analysis tools, available online, available at www.maxomsoft.ca.

 

Maxomsoft, Inc. is located at the following address: 2540 Daniel Johnson, Laval (Quebec)    H7T 2S3. If you have any questions about these Terms of Service (the “Terms”), please email us at info@maxomsoft.ca.

 

Maxomsoft differentiates users into 3 different categories depending on the Maxomsoft products used

  • We refer to users of the Websites as “Website Visitors”.

  • We refer to users who use the free version of the Maxomsoft service (free trial period) as “Free Users”. Although Free Users can access and use the service, they have access to a more limited set of functionalities and features of the service than subscribers.

  • We call users who use the service as part of a paid Maxomsoft subscription "subscribers" (regardless of the subscription category). The characteristics and functionalities of the service made available to subscribers are determined by the subscription category chosen as well as by the specific conditions agreed between Maxomsoft and the organization (for example, your employer or another entity or person, called the " Customer ”) who has entered into a separate agreement governing the delivery, access and use of the Service (the“ Customer Agreement ”).

 

For the purposes of these Conditions, these three categories of users are considered without distinction as “Users”, “you” or “your”. Whatever category of user you belong to, these conditions create a legal agreement between you and Maxomsoft and explain the rules governing the use of the service and the websites. By accessing or using the Service and the websites, you acknowledge and agree to have read, understood and agree to be bound by these surveys and our Privacy Policy. If you do not agree to these terms, please do not access or use the Service and the Websites.

We may change these conditions from time to time. Please check this page periodically to keep you informed of potential updates. We will comply with locally applicable legal obligations to notify you of changes to these Terms. Your continued use of the Service and the Websites after such an update constitutes acceptance of such changes.

 

1. ELIGIBILITY AND SCOPE

1.1 General. To use the Service and the Websites, you represent and warrant that you are at least 18 years of age and legally competent to accept these Terms. If Maxomsoft has previously prohibited you from accessing or using the Service and the Websites, you are not authorized to access or use the Service and the Websites.

 

2. REGISTRATION AND USE OF THE ACCOUNT

2.1 Account registration and confidentiality.

To access the Service and the Websites, you must create a Maxomsoft account by entering a username and password. You agree to provide us with accurate, complete and up-to-date information about your registration. It is your responsibility to ensure that your password is kept confidential and secure. By registering, you agree to be fully responsible for all activities taking place under your username and password. We assume that all communications we receive under your account have been made by you. If you are the billing owner, an administrator or have confirmed in writing that you have the authority to make decisions on behalf of a Client (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Client and agree that Maxomsoft is entitled to rely on your instructions.

 

2.2 Unauthorized use of the account.

It is your responsibility to notify us by email at info@maxomsoft.ca if you become aware of any unauthorized use or access to your account. You understand and agree that we may ask you to provide information which can be used to confirm your identity and help us keep your account secure. Maxomsoft is not responsible for any loss, damage, liability, expense or attorney's fees to which you may be subject as a result of the use of your password or account by someone else, with or without your knowledge and / or authorization, and whether or not you have informed us of such unauthorized use. You are responsible for losses, damages, liabilities, expenses and attorneys' fees incurred by Maxomsoft or a third party as a result of use of your account by another person. In the event that the Account Administrator or the Client loses access to an account or requests information on an account, Maxomsoft reserves the discretion to ask the Account Administrator or the Client for any verification it deems necessary before re-establishing access to or providing information about said account.

 

3. INTELLECTUAL PROPERTY

The Service and the Websites are the intellectual property of Maxomsoft and are operated by Maxomsoft. They contain material (including all software, design, text, editorial material, informational text, photographs, illustrations, audio clips, video clips, illustrations and other graphic material, as well as names, logos, trademarks and service marks) which are derived in whole or in part from material provided by Maxomsoft and its partners, as well as other sources and are protected by United States copyright laws, international treaty provisions, trademark law and other intellectual property laws . The Service and the Websites are also protected as a collective work or work of compilation under United States and international copyright law and other laws and treaties. You agree to comply with all applicable copyright laws and other applicable disciplines, as well as any additional copyright notices or restrictions contained in the Service and on the Websites. You acknowledge that the Service and the Websites have been developed, compiled, prepared, reviewed, selected and organized by Maxomsoft and its partners through the application of methods and standards of judgment developed and applied by the investment of time, Considerable effort and money constituting valuable intellectual property for Maxomsoft and its partners. You agree to inform Maxomsoft immediately if you become aware of a claim that the Service and the Websites have violated any provisions of copyright, trademark law or any other contractual or legal provision or "Common Law ". Any unauthorized use of any material contained on or through the Service and the Websites may violate the laws on copyright, trademark law, protection of privacy and image rights as well as communication regulations and laws.

 

4. CONTENT AND FEEDBACK FROM USERS

4.1 User Content and Uploading to the Service.

The Service allows you to create tasks and upload information, text, files and other related documents (collectively, “User Content”) and to share such User Content with others. User Content posted or made accessible on the Service is subject to the following conditions:

 

4.1.1 Free User Content.

Free Users retain ownership of the User Content they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Maxomsoft a license to access, use, copy, reproduce, process, adapt, publish, transmit and display such Free User Content, as permitted by Maxomsoft's Privacy Policy, including where the law or good faith so requires to comply with legal proceedings. We reserve the discretionary right to remove any Free User Content on the Service that violates these Terms or is otherwise objectionable.

 

4.1.2 Content of the User subscribed to the service.

The content posted on the service by subscribers (“subscribed user content”), is owned and controlled by the customer as indicated in the introduction to these conditions. Maxomsoft retains a limited, non-exclusive and non-transferable license (except in connection with the sale or transfer of its business) to access, use, copy, reproduce, process, adapt, publish, transmit, host and display the Subscribed 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 Subscribed User Content is in violation of a Customer Agreement or these terms;

  • comply with a subpoena or other legal request that meets the requirements of the customer contract and our guidelines for law enforcement;

  • as otherwise established in our customer contract or expressly authorized by the Customer.

 

4.2 Feedback on the Websites.

The Websites may contain certain features which allow you to submit comments, information and other materials (collectively, “Feedback”) to Maxomsoft and to share such 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 that Feedback for any purpose (including in testimonials or other Maxomsoft marketing materials and where required by law or good faith to comply with legal process). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

 

4.3 Remedies related to User Content and Feedback.

You acknowledge and agree that you have all the rights necessary to submit User Content and Feedback without infringing the rights of any third party. You understand that Maxomsoft does not control and is not responsible for User Content or Feedback, and that by using the Service and / or the Websites, you may be exposed to User Content or Feedback Experience of other users which could be offensive, indecent, inaccurate, misleading, or otherwise offensive. Please also note that User Content and Feedback may contain typographical errors, as well as other unintentional errors or inaccuracies. You agree to indemnify, defend and hold Maxomsoft harmless for any claims resulting from User Content or Feedback that you submit through the Service and / or the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes and, in any event, you agree to cooperate with us in supporting any available defense.

 

5. LICENSE AND CORRECT 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 the Websites solely for your own internal use (or, for Subscribers, uses authorized by Customer), and only in a manner that complies with all legal requirements applicable to you or your use of the Services and Websites, including the Maxomsoft Privacy Policy and these conditions. Maxomsoft may revoke this license at any time at its sole discretion

 

5.2 Intended use.

 All Users must comply with the following rules regarding the proper use of the Service and the Websites.

 

Disruption of the Service. You do not have the right to: 

  • access, tamper with or use non-public areas of the Service and the Websites, Maxomsoft's computer systems, or technical delivery systems of Maxomsoft's suppliers; 

  • probe, analyze or test the vulnerability of a system or network, or violate or bypass any security or authentication measures;

  • access or search the Service and the Websites by any means other than the public interfaces of Maxomsoft;

  • attempt to disrupt or overwhelm our infrastructure by intentionally placing unreasonable demands on our resources; or

  • hinder or disrupt the access of any user, host or network, in particular but not limited to sending a virus, using email bombardment techniques from the Service and the Websites, or by creating scripts for the creation of user content in such a way as to interfere with or create an undue load on the Service and the Websites.

 

Misuse of the Service and the Websites. You do not have the right to use the Service and the Websites to perform, promote or support:

  • any illegal or fraudulent activity;

  • impersonating another person or entity or misrepresenting an affiliation with any person or entity in a manner that is misleading or intended to mislead, confuse or deceive others;

  • defamatory, slanderous or threatening activities or which constitute hate speech or which result in harassment

  • posting or posting of personal or private information of others without their express permission and permission;

  • sending unsolicited communications, promotional advertisements or spam emails;

  • the posting of malicious content intended to damage or disrupt another user's browser or computer, or the establishment of links to such content; or

  • promoting or advertising products or services other than your own without proper authorization; 

  • contains personal information about minors; 

  • contains sensitive personal information, such as financial information, payment card numbers, social security numbers, or health-related information without the prior written consent of Maxomsoft granted under a Customer Agreement; 

  • contains viruses, computer "bots", computer worms or other similar harmful material; or; 

  • contains information that you do not have the right to share under any law, contractual or fiduciary duty.

 

Violations of this Section 5.

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 access. to the Service or websites, upon prior notice and without liability to Maxomsoft if you fail to comply with the rules of this Section 5 or if, in our sole discretion, such action was necessary to avoid any disruption to the Service or the Websites for other users. If you are a subscriber, Maxomsoft reserves the right to notify the account administrator or other representatives of the customer of any violation of these terms.

 

6. PRIVACY POLICY

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

 

7. LIMITATION OF LIABILITY

If we breach these Terms, we will only be liable for any loss or damage you suffer which is the foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not predictable. Loss or damage is foreseeable if it is an obvious consequence of our failure or if it is an instruction which has been accepted. Please also note that we provide the Service and the Websites only for your internal use. We have no liability to you for any loss of profit, loss of business, interruption of business or loss of opportunity that arises from your use of the Service and the Websites or from your placing your trust in them. We do not exclude or limit in any way our liability to you where any limitation of liability would be unreasonable. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or contractors, liability for fraud or misrepresentation and for violation of your rights in connection with the Service and the Sites. Web.

 

The information presented on or through the Service and the Websites is made available to you for general information purposes only. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance on such information is, therefore, strictly at your own risk.

 

8. VIRUS

You understand that we cannot and do not warrant that files available for download from the Internet or our Service or Websites will be free of viruses or other malware. It is your responsibility to implement sufficient control procedures to meet your particular requirements in terms of antivirus protection and precision of input and output data, and to maintain a means external to the Service and the Websites for any possible restoration of data lost.

 

9. THIRD PARTY LINKS AND SERVICES

The Service and the Websites may provide  information and content provided by third parties;  links to websites or resources of third parties, such as sellers of goods and services; and third party products and services sold directly to you. Maxomsoft is not responsible for the availability of such external sites or resources, and assumes no responsibility for any content, advertising, products or other material available on such sites or resources, any errors or omissions in such sites or resources, or  any information management or other business practices of the operators of such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or allegedly 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 terms.

 

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 are not responsible to you or any other person for any modification, suspension or interruption of the Service and the Websites.

 

11. APPLICABLE LAW

Please note that these Terms, as well as their subject matter and form, are governed by Canadian law. Your right as a consumer to avail yourself of these local rights and mandatory provisions.

 

You can contact Maxomsoft by email at info@maxomsoft.com if you have any complaints or disputes regarding the Maxomsoft Service and you should do your utmost to resolve any dispute, claim, question or disagreement through consultation and good faith negotiation. These dispute resolution formalities are a prerequisite for any legal action or any other form of complaint by a party. If we are unable to agree to a solution within 30 days of the time the Informal Dispute Resolution is implemented, and to the extent permitted by applicable law, all disputes, disputes, requests, claims or actions between you and Maxomsoft related to or resulting from the Services will be subject to the exclusive jurisdiction of the courts of Canada (Laval).

 

12. GENERAL PROVISIONS

12.1 No waiver.

If we fail to insist that you comply with your obligations under these Terms, or if we do not enforce our rights, or if we delay in doing so, this does not mean that we have waived those rights and that you are not required to meet your obligations. Any waiver of any action against a breach or violation on your part will be made only in writing and will in no way constitute an automatic waiver of any action taken in sanction of a future breach on your part.

 

12.2 Divisibility.

Each of the clauses of these Terms operates separately. If a court or a competent authority sanctions one of the clauses for illegality or unenforceability, the other clauses will remain in full force.

 

12.3 Various.

The section titles of these Terms are provided for information purposes only and have no legal or contractual effect.

 

12.4 Notifications.

We may send you notification by email, on the Service and the 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 email address:  info@maxomsoft.ca

 

13. QUESTIONS

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

14. SECURITY OF PERSONAL INFORMATION​

We employ reasonable security measures and comply with applicable data protection laws to protect personal information from unauthorized access.

 

Maxomsoft Innovations Inc. has implemented security measures including administrative, technical and physical controls designed to protect personal information.

Despite the above measures, no method of transmitting or storing information is 100% secure or error-free; unfortunately we cannot guarantee absolute security. If you have reason to believe that your interactions with us are no longer secure, please contact us immediately at the contact details set out in section “Contact person” below.

15. RETENTION OF PERSONAL INFORMATION.​

We only retain personal information that we collect or process or have access to for as long as it is necessary to retain it for the purposes for which we collected it or for which we have obtained your consent, unless otherwise required by law. We destroy, erase or anonymize personal information that we no longer need for the purposes described above. Maxomsoft Innovations Inc. ensures that personal information is destroyed in a manner that prevents unauthorized access to it.

16. WITHDRAWAL OF CONSENT TO RECEIVE COMMUNICATIONS​.

If you no longer wish to receive marketing emails from us, you can withdraw your consent to receive such emails by clicking on the "unsubscribe" link at the bottom of any emails you receive from us, or, if you created an account online when you signed up to our mailing list, you can log into your account and make changes to your communication preferences. You can also withdraw your consent in this regard by contacting us directly by email at the following address info@maxomsoft.ca .

We will do our best to respond promptly to your withdrawal request; however, please allow a reasonable period of time for the processing of your request. Please note that despite withdrawing your consent to receive marketing emails, we may still need to send you communications about your use of our products or services, or for other reasons.

17. PRIVACY POLICY.

By accessing, viewing or visiting our Website, https://www.maxomsoft.ca, our platforms or our applications (collectively, the “Website”), communicating with us or agreeing to receive emails from us, by using our services, you agree to the terms of this Policy. The Website and the various associated services are collectively referred to as the “Services”.

This Policy is incorporated by reference and is subject to our other applicable terms and conditions, such as our Website Terms of Service. In this Policy, key terms used without being defined herein have the meanings given to them in the terms above.

In this Privacy Policy (the "Policy"), describes how Maxomsoft uses and shares the information it collects from you and it also explains how we use cookies and similar technologies.

17.1 Your consent.

When we collect personal information about you, we must obtain your consent in order to use the information for the purposes for which it was collected. We need your consent in order to use your personal information for any other purpose or to collect more information about you.

We generally ask for your express written consent in order to collect, use or disclose your personal information. In some cases, where it is less sensitive information, we may accept your verbal consent. From time to time, and in accordance with applicable privacy laws, we may infer your implied consent based on your action or inaction. Consent must be given by you or by your duly authorized representative, such as a legal guardian or a person who holds a power of attorney.

You can withdraw your consent at any time, subject to legal or contractual restrictions. We will notify you of the consequences of any such withdrawal, including the possibility that you may no longer be able to provide you with a product or service. If you choose to withdraw your consent, we will put the decision in our records.

In some cases, we have the right (or the obligation) to collect, use or disclose personal information without our notifying you or having obtained your consent. This happens when legal, medical or security reasons make it impossible or difficult to obtain your consent. Where information is collected for the purpose of investigating a possible breach of contract, preventing or detecting fraud, or for law enforcement purposes, obtaining consent could undermine the objective intelligence gathering. In some cases, obtaining consent may be impossible or inappropriate if you are a minor, critically ill or have a disability.

17.2 Data collection.

Personal information is defined as personally identifiable information about an individual, such as financial, lifestyle or health information. Personal information must be protected regardless of the nature of its medium and whatever its form: written, graphic, audio, visual, computerized or otherwise.

Collecting information about you is necessary in order to provide you with high quality service. The nature and sensitivity of the information we collect about you will vary depending on the services we provide to you and the legal requirements with which we must comply. The purposes for which we collect your personal information are determined before or at the time of collection.

18. POLICY ON THE USE OF "COOKIES"

Cookies do not cause any damage to the terminal, but make it easier, for example, to find preferences, to fill in certain fields beforehand and to adapt the content of the services on the site visited. These data allow us to improve ergonomics and services according to your preferences.

Types of cookies we use and how we use them

The information collected through cookies helps us analyze the use of the Website and allows us to provide users with a better experience when they visit the Website. We only keep cookies for as long as necessary for the purposes set out in this Cookie Policy, in particular for marketing and statistical purposes.

In general, we use temporary and persistent first and third party cookies. Cookies placed by us are referred to as "first party cookies" and cookies placed by our partners and third party service providers "third party cookies".

Temporary cookies remain on your device until you close your web browser. Several temporary cookies are essential for our Website to function properly, as they generally allow you to browse our Website and use our features.

Persistent cookies remain on your device after you close your browser or until you delete them manually (in the first case, the length of time the cookie is stored on your device will depend on the length or "lifecycle" of the cookie in particular and your browser settings). Persistent cookies help us recognize you as an existing user of our Websites, so that it is easier and more user-friendly to return to our Website or interact with our Services without having to log in to your site. new.

In addition, persistent cookies also help us recognize you when you see a resource belonging to our Website from another website or application (such as an advertisement) and allow us to record information about you. topic about your web browsing habits during the persistent cookie lifecycle

bottom of page