Important – please read carefully
These terms constitute a legal agreement between you, the account holder using MaGarderie Plus , and Every8 Cloud Inc. (E8C) .
By using MaGarderie Plus , you agree to be bound by this agreement. You also confirm that every person you authorize to use the software, including your employees, is subject to the same terms.
If you do not agree to these terms or do not have the required authority to bind your organization, you must not use MaGarderie Plus .
E8C remains the exclusive owner of MaGarderie Plus , including the software, its architecture, its functionality, all updates, maintenance releases, documentation, associated technology, and all related intellectual property rights.
The account holder retains ownership of the data entered or imported into MaGarderie Plus . Subject to these terms, the account holder may export its data at any time.
Use of MaGarderie Plus does not grant any ownership rights in the software or underlying technology. It grants only a right to use the software in accordance with the licence.
E8C grants the account holder a non-exclusive, non-transferable, non-sublicensable, and revocable licence to use MaGarderie Plus solely for its internal operations, in accordance with these terms.
Access to MaGarderie Plus is provided with an unlimited number of users, subject to reasonable internal use. This licence does not permit use of the service by third parties or external organizations, or for resale, sublicensing, or commercial sharing.
The licence is granted exclusively to the account holder and does not extend to its parent companies, subsidiaries, or affiliated entities. All rights not expressly granted are reserved by E8C .
The account holder retains ownership of the data entered or imported into MaGarderie Plus . To operate the service, the account holder grants E8C a limited licence to host, process, display, and use that data solely for the purpose of providing MaGarderie Plus and related services.
The account holder acknowledges that MaGarderie Plus is provided “as is” and that E8C does not guarantee the software’s compatibility with any specific environment or device.
You may not modify, adapt, translate, decompile, disassemble, attempt to extract the source code, create derivative works from, rent, lend, or use MaGarderie Plus in any manner that does not comply with these terms or applicable laws.
E8C reserves the right to monitor use of the service to verify compliance with these terms and to take any reasonable action in the event of abusive or non-compliant use.
The licence may be subject to a defined term and recurring payments. In the event of non-payment or expiration, access to the service may be suspended or terminated. E8C is not responsible for damages arising from the expiration of a licence.
The account holder is responsible for all use of MaGarderie Plus through its login credentials, including use by any third party, whether authorized or unauthorized.
Access to MaGarderie Plus is granted only after advance payment of the applicable licence fees. No access to the service is provided before payment is received and login credentials are issued.
Licence fees are payable in advance based on the selected plan and in accordance with the terms displayed on the MaGarderie Plus website. These fees constitute consideration for the licence granted under these terms.
All licence fees are non-refundable. Once payment has been made, no full or partial refund will be provided, including in the event that the service is not used.
Failure to use all or part of the service does not affect the obligation to pay the applicable fees.
This agreement takes effect on the earlier of: (i) the date on which the account holder accepts these terms, or (ii) the date on which the account holder accesses or uses MaGarderie Plus .
The agreement remains in effect until terminated by either party in accordance with these terms.
Upon termination or expiration of the agreement, all rights to use MaGarderie Plus end immediately, and the account holder must cease all use of the service without notice.
Provisions that, by their nature, are intended to survive termination or expiration, including provisions relating to intellectual property, limitation of liability, and indemnification, remain in effect.
Termination of the agreement does not result in a refund of any fees already paid.
If licence fees are not paid when due, E8C may, without notice, suspend or restrict access to all or part of MaGarderie Plus .
No use of the service is permitted during a suspension period.
Suspension of access does not affect the account holder’s obligation to pay the amounts due and does not result in a refund of any amounts already paid.
E8C reserves the right to restore access to the service only after full payment of all outstanding amounts has been received.
Upon termination or expiration of access to MaGarderie Plus , access to the service and its export functionality is discontinued.
The account holder retains ownership of its data. Upon written request made within a maximum period of three (3) months following the end of the service, E8C may provide a data extraction service, subject to the terms, available formats, and applicable fees described in the MaGarderie Plus documentation.
Data extraction is limited exclusively to information belonging to the account holder and does not include the software, source code, system structure, internal methods, or any other technology or intellectual property belonging to E8C .
After the three-month period expires, E8C no longer guarantees retention of the data and may permanently delete hosted data without notice.
The account holder is responsible for submitting its extraction request within the applicable period. E8C is not responsible for any data loss resulting from a late request or the absence of a request.
The account holder agrees to indemnify, defend, and hold harmless E8C and its officers, directors, employees, and agents from and against all claims, proceedings, losses, damages, liabilities, costs, or expenses, including reasonable legal fees, resulting from:
where such acts result in an alleged or actual infringement of a third party’s intellectual property rights.
The account holder’s obligation to indemnify and defend takes effect upon receipt of written notice from E8C describing the claim and continues throughout the applicable proceedings.
To the fullest extent permitted by applicable law, the total liability of E8C , regardless of the cause of action, whether in contract, tort, extra-contractual liability, negligence, or otherwise, arising from or related to the use of MaGarderie Plus or these terms, is strictly limited to the total licence fees actually paid by the account holder during the twelve (12) months preceding the event giving rise to the claim.
Under no circumstances will E8C be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business operations, even if E8C has been advised of the possibility of such damages.
The limitations of liability set out in this section apply even if a remedy fails to achieve its essential purpose and survive the termination or expiration of this agreement.
MaGarderie Plus is provided by E8C “as is” and “as available,” without any express or implied warranty or representation, to the fullest extent permitted by applicable law.
E8C expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. E8C does not guarantee that MaGarderie Plus will be uninterrupted or error-free, or that any defect will be corrected.
E8C is not an accounting, tax, or legal firm, and the use of MaGarderie Plus does not constitute professional advice. The account holder remains solely responsible for consulting qualified professionals when necessary.
The account holder is responsible for determining whether MaGarderie Plus meets its needs and for ensuring compliance with all applicable laws and regulations, including those relating to accounting, taxation, record retention, and data protection.
MaGarderie Plus is a web application. The account holder acknowledges that access to and retention of data occur through the service and the functionality made available, including the provided export tools.
E8C implements reasonable technical and organizational measures intended to protect hosted data from loss, unauthorized access, or alteration. For this purpose, E8C performs regular backups, including daily backups, in accordance with generally recognized industry practices.
These backups are performed for internal business continuity and disaster recovery purposes and do not constitute a guarantee of data recovery or a backup service provided to the account holder.
The account holder is responsible for using the available export functionality to retain copies of its data when necessary.
Subject to the limitations of liability set out in this agreement, E8C cannot be held liable for data loss resulting from technical incidents, security breaches, or events beyond its control.
E8C implements reasonable technical and organizational measures intended to protect the confidentiality of the account holder’s data and prevent unauthorized access, use, or disclosure.
The account holder represents and warrants that it has all rights, authorizations, and consents required to collect, use, and disclose the personal information processed through MaGarderie Plus , including information relating to children, parents, and staff, in accordance with applicable laws.
Data is used and processed by E8C solely for the purpose of providing MaGarderie Plus and related services, in accordance with these terms and the applicable privacy policy.
Data hosted by MaGarderie Plus is stored and processed in Quebec. No data is disclosed to third parties except where necessary for the use of expressly identified modules or functionality, including where the account holder voluntarily activates an integration requiring the transmission of information through an application programming interface (API), for example to government systems such as the Quebec Ministère de la Famille’s PISG.
In such cases, only the data strictly necessary to operate the applicable module is transmitted, in accordance with the account holder’s instructions and applicable legal requirements. Data transmitted through an API is then processed by third-party systems that are independent of E8C , and whose infrastructure and server locations are outside E8C ’s control. E8C cannot guarantee that such data will be hosted or processed in Quebec.
The account holder acknowledges that no security measure can guarantee absolute protection and accepts the risks inherent in the use of hosted information technology services.
In the event of a confidentiality incident presenting a risk of serious harm, E8C will notify the account holder in accordance with applicable legal requirements.
E8C provides standard support for MaGarderie Plus .
The account holder agrees to reasonably cooperate with E8C by providing the information, access, and descriptions necessary to analyze and resolve reported issues.
The account holder is responsible for supervising the use of MaGarderie Plus and reporting any issue or malfunction within a reasonable period.
Unless expressly stated otherwise in writing, standard support does not include any guaranteed response time, guaranteed service level, or obligation to provide updates, improvements, modifications, or new functionality.
If additional support services are required, including configuration, training, assistance, data extraction, or out-of-scope requests, E8C may provide them upon request. Such services will be billed at the applicable fees or hourly rate communicated to the account holder.
The account holder agrees to use MaGarderie Plus only lawfully, in accordance with these terms, and in a manner that respects the rights of third parties. MaGarderie Plus may not be used in a manner that could damage, disrupt, overload, or compromise the service, or interfere with its use by other users.
Without limiting the foregoing, it is prohibited to:
E8C may suspend or terminate access to the service in the event of a violation of this section, in accordance with these terms.
The account holder acknowledges that a violation of these terms may cause irreparable harm to E8C for which monetary compensation may be insufficient.
Accordingly, E8C is entitled to seek any injunctive or other equitable relief necessary to protect its rights, in addition to any other remedy available under the law, without being required to provide security, to the extent permitted by applicable law.
MaGarderie Plus , including its content, structure, organization, interface, graphics, design, and technology, is protected by applicable copyright, trademark, and other intellectual property laws.
All trademarks, service marks, logos, and trade names associated with MaGarderie Plus are owned by E8C or its licensors.
Except as expressly permitted under these terms, no component of MaGarderie Plus may be copied, reproduced, modified, redistributed, published, or otherwise used outside the scope of the granted licence.
Use of the service does not grant any ownership rights in MaGarderie Plus or any content accessible through it.
Certain content accessible through MaGarderie Plus may belong to third parties and remains subject to applicable intellectual property rights. Nothing in this agreement may be interpreted as granting a licence to any trademarks, logos, or content belonging to E8C or third parties.
Any use of MaGarderie Plus trademarks, logos, or visual elements for promotional or commercial purposes requires the prior written authorization of E8C .
E8C may amend these terms from time to time to reflect changes to the service, technology, or legal requirements.
Amendments will be communicated to the account holder by any reasonable means, including publication on the MaGarderie Plus website or by email, and will take effect on the date stated in the notice.
Continued use of MaGarderie Plus after the amendments take effect constitutes acceptance of the revised terms.
No amendment proposed by the account holder will be valid unless it is contained in a written agreement signed by an authorized representative of E8C .
These terms are governed by and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.
This agreement constitutes the entire agreement between the parties concerning its subject matter and replaces all previous verbal or written communications, understandings, and agreements.
The parties agree that they are acting as independent contractors. Nothing in this agreement may be interpreted as creating an agency, employment, or joint venture relationship.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect and will be interpreted to reflect the parties’ original intent to the fullest extent permitted by law.
The account holder may not assign or transfer all or part of this agreement without the prior written consent of E8C . E8C may freely assign this agreement, including in connection with a restructuring, merger, or sale of assets.
This agreement is binding upon the parties and their permitted successors and assigns.
Any waiver of a right must be express and in writing. A one-time failure to enforce a right does not constitute a waiver of that right in the future.
Section headings are provided solely for convenience and do not affect the interpretation of these terms.
The MaGarderie Plus Privacy Policy forms an integral part of these terms.
E8C will not be liable for any failure or delay in performing its obligations resulting from an event beyond its reasonable control, including natural disasters, infrastructure failures, interruptions to telecommunications or hosting services, labour disputes, government actions, riots, wars, or any other event of force majeure.
These terms were drafted in French. Any translated version is provided for informational purposes only. In the event of any discrepancy, the French version prevails.