1. Parties and acceptance
These terms of use (the "terms") bind Mormind Inc., an Ontario corporation, 192-1769 St. Laurent Blvd, Ottawa (Ontario) K1G 3V4, Canada ("Mormind", "we"), and the organization that uses Pigedeck (the "customer"). The person who accepts them represents that they act on behalf of the customer and have the authority to bind it. We record the accepted version and the date of acceptance.
2. Service and beta status
Pigedeck is sales management software offered online. During the beta period, the service is provided "as is": features may change, be added or be removed, and interruptions may occur. We will inform you of significant changes.
3. Account
An account corresponds to one person and one organization. You provide accurate information, keep your password confidential and notify us without delay of any unauthorized use of your account. You are responsible for the activities carried out through your account.
4. Acceptable use
You agree not to: use the service for illegal purposes or to send unsolicited messages; compromise its security or operation; attempt to access other customers' data; resell the service without our agreement; upload unlawful content or content that infringes the rights of others. You must be entitled to enter your contacts' information in Pigedeck.
5. Customer content
You keep ownership of the content you enter (projects, contacts, amounts, calendars, attached files). You only grant us the right to host and process it to provide the service to you. The processing of personal information contained in your content is governed by Annex A below.
6. Confidentiality
Each party protects the other's confidential information with the same care as its own and uses it only for the purposes of these terms. Our privacy policy describes how your account information is handled.
7. Subprocessors
We use subprocessors whose list is published on the Subprocessors page. We give notice 30 days before adding one; if you object on reasonable grounds, you may terminate without penalty.
8. Suspension
We may suspend access in case of breach of these terms, of a risk to the security of the service or of other customers, or, once paid subscriptions are offered, of non-payment. Except in an emergency, we notify you beforehand and give you a reasonable time to fix the situation.
9. Termination, export and deletion
You may stop using the service and request the deletion of your organization at any time; export your content first. Deletion takes effect after a 30-day grace period, during which you may cancel it. Your account is deleted with the organization. Copies in our encrypted backups disappear at most 90 days after deletion.
10. Continuity
Attached files are not included in our backups: keep your originals. No numeric availability commitment is offered during the beta.
11. Subscription
The service is free during the beta. The terms of the paid subscription (prices, trial, taxes, renewal, non-payment) will be added to these terms before any billing, with 30 days' notice.
12. Intellectual property
Pigedeck, its software and its trademarks belong to Mormind Inc. These terms transfer no right in them to you, except the right to use the service. We may freely use the suggestions you make to us.
13. Warranties and liability
To the extent permitted by law, the service is provided without warranty of any kind. Our total liability for any claim related to the service is limited to the greater of: the amounts you paid us during the 12 months preceding the claim, or CAD 100 [to be confirmed]. We are not liable for indirect damages, including loss of profits or data. These limits do not apply where the law prohibits them [to be validated by the lawyer].
14. Indemnification
You indemnify us against third-party claims arising from your content or from your breach of these terms.
15. Governing law and courts
These terms are governed by the laws of Ontario and the federal laws of Canada applicable therein. The courts of Ontario have exclusive jurisdiction, subject to applicable mandatory rules.
16. Language
These terms are offered in English and French; both versions are equally authoritative. The parties have expressly required that these terms and all related documents be drawn up in English and French.
17. Changes
We publish any substantive change at least 30 days before it takes effect and notify you by email and in the application; a new acceptance may be requested. Minor corrections (typography, links) require no notice. The version history is at the bottom of this page.
18. Contact
Support: support@pigedeck.com. Personal information: privacy@pigedeck.com. Postal address: Mormind Inc., 192-1769 St. Laurent Blvd, Ottawa (Ontario) K1G 3V4, Canada.
Annex A — Data processing
A.1 Subject matter and duration. We process the personal information contained in your content only to provide the service to you, for as long as it is used and during the 30-day grace period that follows a deletion request. We act as a service provider processing that information on your behalf (PIPEDA) and, for Quebec customers, as a mandatary within the meaning of section 18.3 of Law 25.
A.2 Data and individuals concerned. Projects, contacts (names, emails, phone numbers, organizations), amounts, calendars, attached files and notes, about your contacts (clients, subcontractors, partners) and the users of your account.
A.3 Limited use. We do not use this information for any other purpose: no advertising, no sale, no training of artificial intelligence models.
A.4 Confidentiality and access. Our staff do not access your content. The only exceptions are a legal obligation, a security incident or your written request; access is then limited to what is strictly necessary and logged.
A.5 Security. Encryption in transit and at rest, isolation of each organization's data at the database level, encrypted backups kept 90 days, two-factor authentication on administration accounts, logging.
A.6 Sub-processors. Our subprocessors are bound by equivalent protection obligations. Their list and processing countries are published (Subprocessors, Data location); section 7 applies to any addition.
A.7 Location and PIA. The Data location page provides the information a Quebec customer needs for the privacy impact assessment it must carry out before communicating information outside Quebec.
A.8 Incidents. We notify you without undue delay of any confidentiality incident affecting your content and give you the information useful for your own reports.
A.9 Assistance. We help you answer access, correction and portability requests from the individuals concerned, in particular through the export.
A.10 Return and destruction. You may export your content at any time. At the end of the service, it is deleted after the 30-day grace period, then disappears from the backups at most 90 days later.
A.11 Verification. On reasonable request, we provide you in writing with the information needed to verify compliance with this annex [terms to be validated by the lawyer].