top of page

 

APP REWARD PLAN

SERVICE CONTRACT

PLEASE READ THIS AGREEMENT BEFORE USING THE APPCOMMERCE SERVICES.

BY ACCESSING OR USING APPCOMMERCE'S SOFTWARE OR SERVICE OFFERING, YOU: ("the Customer") SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.

 

This Software (APPLICATION) as a Service Agreement (“Agreement”) is made between the  Client and APPCOMMERCE whose head office is located at 820 10th rang sud Ste-Marcelline de Kildare J0K 2Y0

 

Customer agrees that the following terms and conditions will apply to the services provided under this Agreement.

quick links:

DEFINITIONS

SERVICE CONTRACT

SAAS-SERVICES

RESTRICTIONS

CUSTOMER RESPONSIBILITIES

ORDERS AND PAYMENT

DURATION AND TERMINATION

SERVICE LEVEL AGREEMENT

GUARANTEES

LIMITATIONS OF LIABILITY

CONFIDENTIALITY

GENERAL PROVISIONS

DISPUTE SETTLEMENT

SUPPORT AND MAINTENANCE SERVICE

OUR PLANS

DÉFINITIONS (Termes et Conditons)

DEFINITIONS

"Customer" means any person who subscribes to a service subscription (subscription) with Appcommerce

 

"POS" means a (Point Of Sale) order and inventory management system

 

  • "Administrator User" means each employee of the Customer designated by the Customer to serve as a technical administrator of the SaaS Services (SOFTWARE AS A SERVICE) on behalf of the Customer. Each Administrator User must meet the training and qualification requirements reasonably required by APPCOMMERCE.

 

“Customer Content” means all data and materials provided by Customer to APPCOMMERCE for use in connection with the SaaS Services, including, without limitation, Customer applications, data files and graphics.

 

"Documentation" means user guides, online help, release notes, training materials and any other documentation provided or made available by APPCOMMERCE to Customer regarding the use or operation of the Services SaaS.

 

  • Maintenance Services” means the support and maintenance services provided by APPCOMMERCE to Customer pursuant to this SaaS Agreement and Schedule B.

 

"Other Services" means all technical and non-technical services performed or provided by APPCOMMERCE under this SaaS Agreement, including, without limitation, implementation and other professional services, training and education services, but excluding SaaS Services and Maintenance Services. Other Services will be provided on a time and or material basis at such times or during such periods as may be specified in a schedule and mutually agreed upon by the parties.

 

  • Schedule” is a written document attached to this SaaS Agreement by APPCOMMERCE and Customer for the purpose of purchasing SaaS Services under the terms and conditions of this SaaS Agreement.

 

  • Software" means the object code version of any software to which Customer has access as part of the Service, including any updates or new versions.

 

"SaaS Services" means the specific APPCOMMERCE Internet-accessible service identified in an Appendix that provides use of APPCOMMERCE's Identity/Access Management Software which is hosted by APPCOMMERCE or its service provider and made available to Customer on a network on a per-use basis.

 

  • Subscription Term" means the specified period during which the Customer will have online access and use of the Software through APPCOMMERCE's SaaS Services. The Subscription Term will be renewed for successive periods of 12 months, unless either party provides the other party with written notice of non-renewal at least 30 days prior to the expiration of the current Subscription Term.

 

  • System Availability" means the number of minutes in a year that key components of the SaaS Services are operational as a percentage of the total number of minutes in that year, excluding downtime resulting from (a) maintenance programmed, (b) Force Majeure events in the SaaS Contract), (c) malicious attacks on the system, (d) problems associated with Customer's computing devices, local networks or service provider connections Internet, or (e) the inability to provide services due to acts or omissions of Customer or any Identity Cube user.APPCOMMERCE reserves the right to take the Service offline for scheduled maintenance for which the Customer has received reasonable notice and APPCOMMERCE reserves the right to modify its maintenance window upon notice to the Customer.

CONTRAT DE SERVICE (Termes et Conditons)

SERVICE CONTRACT

Its acceptance gives access to the mobile application and the product management interface (manager)

CONTRACT DETAILS:

SERVICES SAAS

SAAS-SERVICES

  1. During the Subscription Period, Customer will receive a non-exclusive, non-transferable, royalty-free, worldwide right to access and use the SaaS Services solely for its internal business operations, subject to the terms of this Agreement and to the limit of the clauses in the appendix. ( If applicable)
  2. The Customer acknowledges that this Agreement is a services agreement and that APPCOMMERCE remains the exclusive owner of the source code and will not deliver copies of the Logiciel to the Customer within the framework of the SaaS Services

RETRICTIONS (Termes et Conditons)

RESTRICTIONS

Customer shall not, and shall not permit anyone to: (i) copy or republish the SaaS Services or Software, (ii) make the SaaS Services available to anyone other than authorized users of this Agreement, (iii) use or access the SaaS Services to provide service bureau, time-sharing, or other computer hosting services to third parties, (iv) modify or create derivative works based on the SaaS Services, or the Documentation, (v) remove, modify or obscure any copyright, (v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the software used to provide the SaaS Services or in the Documentation, (vi) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the software used to provide the SaaS Services, except and only to the extent that such activity is expressly permitted by applicable law, or (vii) access the SaaS Services or use the Documentation in order to build a similar product or a competing product. Subject to the limited licenses granted herein, APPCOMMERCE shall own all right, title, and interest in and to the Software, services, Documentation, and other deliverables provided under this SaaS Agreement, including any modifications , enhancements, upgrades, derivative works and feedback relating thereto, and related intellectual property rights. The Customer agrees to assign to APPCOMMERCE all rights, titles and interests it may have in the foregoing.

RESPONSABILITÉ DU CLIET (Termes et Conditons)

RESPCUSTOMER RESPONSIBILITIES

  1. Compliance with Laws. Customer will comply with all applicable local, state, national, and foreign laws in connection with its use of the SaaS Services, including laws relating to data privacy, international communications, and the transmission of technical or personal data. The Customer acknowledges that APPCOMMERCE has no control over the content of the information transmitted by the Customer or the users of the identity managers through the SaaS Services. Customer shall not upload, publish, reproduce or distribute any information, software or other material protected by copyright, privacy rights or any other intellectual property right without having obtained the prior authorization of the owner of these rights.

  2. Assistance. Customer will provide commercially reasonable information and assistance to APPCOMMERCE to enable APPCOMMERCE to provide the SaaS Services. Upon APPCOMMERCE's request, the Customer shall promptly provide the Customer Content to APPCOMMERCE in an electronic file format specified and accessible by APPCOMMERCE. Customer acknowledges that APPCOMMERCE's ability to provide the SaaS Services as contemplated in this SaaS Agreement may be dependent on the accuracy and timeliness of such information and assistance.

  3. Unauthorized use; fake news. Customer shall: (a) immediately notify APPCOMMERCE of any unauthorized use of a password or user ID or any other known or suspected breach of security, (b) report to APPCOMMERCE immediately and make reasonable efforts to stop any unauthorized use of the SaaS Services that is known or suspected by Customer or any Identity Cube user, and (c) not provide false identity information to access or use the SaaS Services.

  4. Administrator access. The Client shall be solely responsible for the acts and omissions of its User Administrators. APPCOMMERCE shall not be liable for any loss of data or functionality caused directly or indirectly by Admin Users.

  5. Customer Entry. Customer is solely responsible for collecting, capturing, and updating all Customer Content stored on the Host, and for ensuring that Customer Content (i) does not include anything that actually infringes or misappropriates or potentially the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contains anything that is obscene, defamatory, harassing, offensive or malicious. The Customer shall: (i) immediately notify APPCOMMERCE of any unauthorized use of a password or user ID or any other known or suspected breach of security, (ii) report to APPCOMMERCE immediately and make reasonable efforts to stop any unauthorized use of the Service that is known or suspected by Customer or any Identity Cube user, and (iii) not provide false identity information to access or use the Service.

  6. Customer License. Subject to the terms and conditions of this SaaS Agreement, Customer shall grant APPCOMMERCE a limited, non-exclusive, non-transferable license to copy, store, configure, perform, display and transmit Customer Content only as necessary. to provide the SaaS Services to Customer.

  7. Ownership and Restrictions. Customer retains ownership and intellectual property rights in and to its Customer Content. APPCOMMERCE or its licensors retain all ownership and intellectual property rights in the Services, Software programs, and anything developed and delivered under the Agreement. Third-party technology that may be appropriate or necessary for the use of certain APPCOMMERCE programs is specified in the Program Documentation or ordering document, as applicable. The Customer's right to use such third-party technology is governed by the terms of the third-party technology license agreement specified by APPCOMMERCE and not by the Agreement.

  8. Hints. APPCOMMERCE shall have a royalty-free, worldwide, irrevocable and perpetual license to use and incorporate into the SaaS Services any suggestions, enhancement requests, recommendations or other comments provided by the Customer, including Users, regarding the operation of the SaaS services.

COMMANDES ET PAIEMENT (Termes et Conditons)

ORDERS AND PAYMENT

  1. Billing and payment. Unless otherwise provided in the Schedule, APPCOMMERCE will invoice the Customer for all fees on the effective date of THIS AGREEMENT and the Schedule. The Customer must pay the first monthly installment on the day the contract is signed and the subsequent monthly installments on the same day of the following months (: Contract signed on October 05, subsequent payments on November 05, December 05, etc.). Unless expressly provided otherwise, fees are non-refundable. All fees are quoted in Canadian dollars, and must be paid by the Customer to APPCOMMERCE in Canadian dollars.

  2. Expenses. In the event that the client requestsnotif a programmer or other technician travels to its offices instead of doing so online, the Customer will reimburse APPCOMMERCE for reasonable travel expenses and related expenses incurred in the performance of these Special Services. APPCOMMERCE will inform the Client of its fees before incurring such expenses.

  3. Taxes. APPCOMMERCE will invoice the Customer for applicable taxes as a separate line on each invoice. Customer shall be responsible for payment of all sales and use taxes, value added taxes (GST-QST), or similar charges related to Customer's purchase and use of the Services.

  4. Orders. Customer orders the SaaS Services pursuant to a Schedule. All services acquired by Customer are governed exclusively by this SaaS Agreement and the applicable Schedule. In the event of a conflict between the terms of an appendix and this SaaS Agreement, the terms of the appendix govern.

DURÉE ET RÉSILIATION (Termes et Conditons)

DURATION AND TERMINATION

  1. SaaS Agreement Term. The term of this SaaS Agreement will begin on the Effective Date and continue until terminated by either party as set forth in this Section. 6.2 Termination. Either party may terminate this SaaS Agreement immediately upon any material breach by the other party that has not been cured within thirty (30) days of receipt of notice of such breach.

  2. Suspension for non-payment. APPCOMMERCE reserves the right to suspend delivery of the SaaS Services if Customer fails to timely pay all amounts due to APPCOMMERCE under this SaaS Agreement, but only after APPCOMMERCE notifies Customer of such failure. Termination of service shall not relieve Customer of its payment obligations under this SaaS Agreement. Customer agrees that APPCOMMERCE shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising out of or related to the suspension of the SaaS Services resulting from Customer's non-payment.

  3. Suspension for Continuing Injury. APPCOMMERCE reserves the right to suspend delivery of the SaaS Services if APPCOMMERCE reasonably concludes that use of the SaaS Services by Customer or a user of Customer's management identities causes immediate and ongoing harm to APPCOMMERCE or others. In the extraordinary event that APPCOMMERCE must suspend the provision of the SaaS Services, APPCOMMERCE will immediately notify the Customer of the suspension and the parties will diligently attempt to resolve the problem. APPCOMMERCE shall not be liable to Customer or to any third party for any liability, claim or expense arising out of or relating to any suspension of the SaaS Services pursuant to this Section 6.4. Nothing in this Section 6.4 shall limit APPCOMMERCE's rights under Section 6.5 below.

  4. Termination: Upon termination of this SaaS Agreement or expiration of the Subscription Term, APPCOMMERCE will immediately cease providing the SaaS Services and all usage rights granted under this SaaS Agreement will be terminated.

  5. If APPCOMMERCE terminates this SaaS Agreement due to a breach by Customer, then Customer shall immediately pay APPCOMMERCE all amounts then due under this SaaS Agreement and which shall be due during the remaining term of this SaaS Agreement, but for such termination. If Customer terminates this SaaS Agreement due to breach by APPCOMMERCE, then APPCOMMERCE will immediately refund Customer all prepaid amounts for all unperformed SaaS Services scheduled to be delivered after the date of termination.

  6. Upon termination of this SaaS Agreement and upon subsequent written request by the disclosing party, the receiving party of tangible Confidential Information shall immediately return such information or destroy it and provide written certification of such destruction, provided that the receiving party can authorize its legal adviser to keep an archival copy of this information in the event of a subsequent dispute between the parties.

ACCORD DE NIVEAU DE SERVICE (Termes et Conditons)

SERVICE LEVEL AGREEMENT

If APPCOMMERCE fails to achieve system availability for more than 24 hours, the customer must submit a credit request in writing if they wish to receive credit for the down days. The credit will be calculated on a pro rata basis based on the amount of the monthly payment and the number of days out of service.

The Service Level Agreement sets forth Customer's sole remedies with respect to the availability or quality of the SaaS Services, including any breach of any warranties set forth in the Service Level Agreement.

 

APPCOMMERCE DOES NOT GUARANTEE THE CORRECT OPERATION OF THE APPLICATION ON EARLIER VERSIONS OF ANDROID AND IOS (APPLE) SYSTEMS

GARANTIES (Termes et Conditons)

GUARANTEES

  1. Guarantee. APPCOMMERCE represents and warrants that it will provide the SaaS Services in a professional manner consistent with general industry standards and that the SaaS Services will perform substantially in accordance with the Documentation. For any part of a warranty, Customer's exclusive remedy shall be that provided in Section 6, Term and Termination.

  2. APPCOMMERCE WARRANTS THAT THE SAAS SERVICES WILL OPERATE IN ALL HARDWARE ASPECTS IN ACCORDANCE WITH THE DOCUMENTATION. APPCOMMERCE DOES NOT WARRANT THAT THE SAAS SERVICES WILL RUN ERROR-FREE OR UNINTERRUPTED, OR THAT APPCOMMERCE WILL CORRECT ALL ERRORS IN THE SAAS SERVICES. CUSTOMER ACKNOWLEDGES THAT APPCOMMERCE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SAAS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATION FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY APPCOMMERCE (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. NEITHER APPCOMMERCE NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, AND NEITHER APPCOMMERCE NOR ANY OF ITS SERVICE PROVIDERS WILL BE RESPONSIBLE FOR ANY CORRUPTION, UNAUTHORIZED THEFT OR DESTRUCTION OF CUSTOMER'S OR ANY OTHER USER'S DATA, FILES OR PROGRAMS.
LIMITATIONS DE RESPONSABILITÉ (Termes et Conditons)

LIMITATIONS OF LIABILITY

NONE PARTY (NOR ANY LICENSOR OR OTHER APPCOMMERCE SUPPLIER) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, PROFITS, DATA OR USE OF A SERVICE, INCURRED BY EITHER PARTY OR BY A THIRD PARTY IN CONNECTION WITH THIS

 

SAAS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF IT WAS FORESEEABLE OR IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY'S AGGREGATE LIABILITY FOR DAMAGES UNDER THIS SAAS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS SAAS AGREEMENT. SAAS AU AGREEMENT

DURING THE 12 MONTHS PRIOR TO DATE OF CLAIM. The foregoing limitations do not apply to the parties' obligations (or any breach thereof) under the sections titled "Restriction", "Indemnification" or "Confidentiality".

CONFIDENTIALITÉ (Termes et Conditons)

CONFIDENTIALITY

  1. Definition. "Confidential Information" means any information disclosed by one party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as "confidential" or "proprietary", (b) if disclosed orally or by demonstration, is identified as confidential at the time of initial disclosure and is confirmed in writing to the receiving party as "confidential" or "proprietary" within 30 days of such disclosure, (c) is specifically considered confidential by the terms of this SaaS Agreement, or (d) reasonably appears to be confidential or proprietary due to the circumstances of the disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality. Subject to the display of Customer Content as contemplated by this SaaS Agreement, Customer Content is considered Customer Confidential Information. The APPCOMMERCE Software and Documentation are considered APPCOMMERCE Confidential Information.

  2. Confidentiality. During the term of this SaaS Agreement and for 5 years thereafter (perpetually in the case of software), each party will treat as confidential all Confidential Information of the other party, will not use such Confidential Information except to exercise its rights and perform its obligations under this SaaS Agreement, and will not disclose such Confidential Information to any third party. 

  3. Without limiting the foregoing, each party will use at least the same degree of care, but no less than a reasonable degree of care, that it uses to prevent disclosure of its own Confidential Information of the other party. Each party must promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the information.

  4. confidential to the other party. Neither party shall reverse engineer, disassemble or decompile prototypes, software or other tangible objects containing the other party's confidential information and provided to the other party hereunder.

  5. Each party may disclose the other party's Confidential Information on a need-to-know basis to its contractors who are subject to confidentiality agreements requiring them to keep such information confidential and to use it only to facilitate the performance of their services on behalf of the beneficiary party.

  6. Exceptions. Confidential information excludes information that: (a) is known to the public at the time of disclosure or becomes known to the public after disclosure through no fault of the receiving party, (b) is known to the receiving party, without restriction, at the time of disclosure or becomes known to the receiving party, without restriction, from a source other than the disclosing party not bound by obligations of confidentiality to the disclosing party, or (c) is developed in such a way independently by the receiving party without use of the Confidential Information as evidenced by the receiving party's written records. The receiving party may disclose the other party's Confidential Information to the extent such disclosure is required by law or by order of a court or other governmental authority, provided that the receiving party uses reasonable efforts to promptly notify the other party prior to such disclosure to permit the disclosing party to seek an order of protection or to otherwise prevent or restrict such disclosure. Each party may disclose the existence of this SaaS Agreement and the relationship between the parties, but agrees that the specific terms of this SaaS Agreement will be treated as confidential information; provided, however, that each party may disclose the terms of this SaaS Agreement to those with a need to know and who are subject to a duty of confidentiality, such as accountants, lawyers, bankers and investors.

  7. The customer authorizes Appcommerce to take screenshots of the application (the images, the content as well as the company name displayed in the application) for use for promotional purposes. The customer can object to this by sending an email tosupport@appcommerce.ca

DISPOSITIONS GÉNÉRALES (Termes et Conditons)

GENERAL PROVISIONS

  1. Non-exclusive service. Customer acknowledges that the SaaS Services are provided on a non-exclusive basis. Nothing shall be deemed to prevent or limit APPCOMMERCE's ability to provide the SaaS Services or any other technology, including any features or functionality developed first for Customer, to other parties.

  2. Personal data. Customer hereby acknowledges and agrees that APPCOMMERCE's performance of this SaaS Agreement may require APPCOMMERCE to process, transmit and/or store Customer's personal data or the personal data of Customer's employees and Affiliates. By submitting personal data to APPCOMMERCE the Customer accepts that APPCOMMERCE and its affiliates may process, transmit and/or store personal data only to the extent necessary, and for the sole purpose of enabling APPCOMMERCE to perform its obligations under this SaaS Agreement. With respect to all personal data provided by or through Customer to APPCOMMERCE, Customer shall be responsible, as the sole data controller, for complying with all applicable personal data protection laws. and the laws implementing this directive that regulate the processing of personal data and special categories of data as those terms are defined in this directive. Customer agrees to obtain all necessary consents and make all necessary disclosures before including any Personal Data in the Content and using APPCOMMERCE's Enabling Software and SaaS. The Client confirms that the Client is solely responsible for all Personal Data that may be contained in the Content, including any information that any User of APPCOMMERCE SaaS shares with third parties on behalf of the Client. Customer is solely responsible for determining the purposes and means of processing Customer Personal Data by APPCOMMERCE under this Agreement, including that such processing on Customer's instructions will not place APPCOMMERCE in breach of applicable privacy laws. Data protection. Prior to processing, Customer will inform APPCOMMERCE of any special categories of data contained in Customer Personal Data and of any restrictions or special requirements in processing such special categories of data, including any cross-border transfer restrictions. The Customer is responsible for ensuring that the APPCOMMERCE SaaS meets any such restrictions or special requirements. APPCOMMERCE will process all Personal Data that meets the requirements set out in this section in accordance with these Terms of Use.

  3. Obligations relating to the personal data of APPCOMMERCE. In performing the SaaS Services, APPCOMMERCE will comply with the APPCOMMERCE Services Privacy Policy which is available athttp://www.appcommerce.ca privacy-policy and incorporated herein by reference. The APPCOMMERCE Services Privacy Policy is subject to change at APPCOMMERCE's discretion; however, APPCOMMERCE's policy changes will not result in a material reduction in the level of protection provided for Customer's data during the period for which the fees for the services have been paid. The services policies referenced in this SaaS Agreement specify our respective responsibilities for maintaining the security of Customer data in connection with the SaaS Services. Services. APPCOMMERCE reserves the right to provide the SaaS Services from the Host's locations, and/or through the use of sub-contractors, worldwide. APPCOMMERCE will only process DPersonal data of the Customer only within the framework of the provision of APPCOMMERCE SaaS. Customer agrees to provide all notices and obtain all consents related to APPCOMMERCE's use of data to provide the SaaS Services, including those related to the collection, use, processing, transfer and disclosure personal information. Customer will be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and retains ownership of all Customer Data.

  4. Assignment. Neither party may assign this SaaS Agreement, or any rights under this SaaS Agreement, without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that either party may assign this SaaS Agreement to an acquirer of all or substantially all of such party's business to which this SaaS Agreement relates, whether by merger, sale of assets or otherwise. This SaaS Agreement shall be binding upon and inure to the benefit of the parties' successors and permitted assignees. Either party may employ sub-processors in the performance of its functions under this SaaS Agreement, provided, however, that such party shall not be released from any obligation under this SaaS Agreement. .

  5. Notifications. Except as otherwise provided in this SaaS Agreement, notices under this SaaS Agreement shall be in writing and shall be deemed given (a) five (5) business days after posting if sent by registered or certified mail, (b) when transmitted if sent by facsimile, provided that a copy of the notice is promptly sent by another means specified in this section, or (c) when delivered if delivered by hand delivered or sent by express courier. All notices shall be sent to the other party at the address set forth on the cover page of this SaaS Agreement.

  6. Force Majeure. Each party shall be excused from performance for any period in which, and to the extent that, such party or any sub-contractor is prevented from performing any obligation or Service, in whole or in part, due to causes beyond of its will, and without any fault or negligence on its part, including, without limitation, acts of God, strikes,lockouts, riots, acts of terrorism or war, epidemics, communication line failures and power outages.

  7. Waiver. No waiver will be effective unless it is in writing and signed by the waiving party. Waiver by either party of any breach of this SaaS Agreement shall not constitute a waiver of any subsequent breach.

  8. Divisibility. If any term of this SaaS Agreement is found to be invalid or unenforceable, that term will be reworded to have as much of the same effect as the original term, and the remainder of this SaaS Agreement will remain in full force and effect.

  9. Entire SaaS Agreement. This SaaS Agreement (including all Exhibits and Attachments) contains the entire understanding of the parties and supersedes all prior oral and written communications of the parties regarding the subject matter of this SaaS Agreement. This SaaS Agreement may only be modified in writing signed by both parties. Standard or printed terms contained in a purchase order or sales confirmation are deemed to be rejected and are void unless specifically agreed to in writing by the party against whom enforcement is sought; the mere fact of starting work or paying on the basis of these forms is not considered acceptance of the conditions.

  10. Survival. Sections 3, 6, and 8 through 12 of this SaaS Agreement shall survive expiration or termination of this SaaS Agreement for any reason.

  11. Advertisement. APPCOMMERCE may include the Customer's name and logo in its customer lists and on its website. After signing, APPCOMMERCE may issue a high-level press release announcing the relationship and how the Client will use the APPCOMMERCE solution. APPCOMMERCE will coordinate its efforts with the appropriate communications personnel in the Client's organization to obtain approval of the press release if necessary.

  12. Export regulations. The export laws and regulations of Canada and any other relevant local export laws and regulations apply to the SaaS Services. Customer agrees that these export control laws govern its use of the SaaS Services. Services (including Technical Data) and all service deliverables provided under this Agreement, and Customer agrees to comply with all such export laws and regulations. Customer agrees that no data, information, software program and/or material resulting from the services (or direct product thereof) will be exported, directly or indirectly, in violation of such laws. 11.13 No Third Party Beneficiary. This SaaS Agreement is an agreement between the parties and does not confer any rights on the employees, agents, contractors, partners or customers of either party or on any other person or entity.

  13. Independent contractor. The parties are independent contractors, and nothing in this SaaS Agreement or the conduct of the parties shall be deemed to place the parties in any other relationship. Except as otherwise provided in this SaaS Agreement, neither party is responsible for the acts or omissions of the other party or the other party's personnel.

  14. Statistical information. APPCOMMERCE may anonymously compile statistical information related to the performance of the Services for the purpose of improving the SaaS Service, provided that such information does not identify Customer data or include Customer's name.

  15. Applicable right. This SaaS Agreement is governed by the laws of Quebec.

  16. Compliance with Laws. APPCOMMERCE will comply with all applicable local, state, national and foreign laws in connection with its provision of the SaaS Services, including laws relating to data privacy, international communications, and the transmission of technical or personal data.

RÈGLEMENT DES DIFFÉRENTS (Termes et Conditons)

DISPUTE SETTLEMENT

THIS SECTION GOVERNS THE RESOLUTION OF DISPUTES BETWEEN CUSTOMER AND APPCOMMERCE AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A LEGAL ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER CLASS ACTIONS.

APPCOMMERCE IS COMMITTED TO PARTICIPATING IN A CONSUMER-FRIENDLY DISPUTE RESOLUTION PROCESS. TO THIS END, THESE TERMS PROVIDE FOR A TWO-PART PROCESS: (A-B)

A- An informal negotiation directly with the APPCOMMERCE customer service team; And

B- Binding arbitration administered by the ARBITRATION AND MEDIATION INSTITUTE OF CANADA “ADRIC” and ODR (Online Dispute Resolution).

  1. Dispute Resolution and Notification Prior to Arbitration en the event of any dispute arising out of or relating to these Terms, the Additional Terms if any, the Privacy Policy, or your use of the services of this SaaS Agreement, Customer and APPCOMMERCE in good faith agree to first try to resolve any disputes between us through informal direct discussions before initiating arbitration. If, after a good faith effort to negotiate, THE CUSTOMER  or APPCOMMERCE believe that the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party by email before initiating arbitration . In order to initiate arbitration, a claim must be filed with ADRIC and the written Demand for Arbitration (available at https://adric.ca/) must be provided to the other party, as specified in the ADRIC Rules (as defined below).

  2. Arbitration Agreement. In the event that we cannot resolve a dispute through direct informal discussions, THE CUSTOMER  and APPCOMMERCE (collectively, the "Parties") mutually agree that any dispute, claim, counterclaim or controversy arising out of or relating to these Terms, including the applicability, breach, termination, validity, application or interpretation thereof - or use of the SaaS Services (collectively, "Disputes") shall be settled by binding individual arbitration (the "Arbitration Agreement"). In the event of a dispute as to whether this Agreement to Arbitrate may be enforced or applies to a Dispute, the parties mutually agree that the arbitrator will decide such matter.

  3. Exceptions to the Arbitration Agreement: The parties mutually agree that the following claims are exceptions to the arbitration agreement and will be brought in a court of competent jurisdiction: (1) any claim relating to actual or threatened infringement, misappropriation, or copyright infringement of party, trademarks, trade secrets, patents or other intellectual property rights; and (2) any claim seeking an emergency injunction based on urgent circumstances. The filing of claims subject to these exceptions shall not be considered a waiver of Customer's or APPCOMMERCE's rights under the Arbitration Agreement to have any other Dispute determined by individual arbitration in accordance with the terms of the Arbitration Agreement. .

  4. Arbitration Rules and Governing Law: This arbitration agreement is governed by the Commercial Arbitration Act R.S.C., 1985, c. 17 (2nd supplement). The arbitration will be administered by ADRIC in accordance with the ADRIC Dispute Arbitration Rules and/or other ADRIC arbitration rules deemed applicable by ADRIC (the "ADRIC Rules"). ”) then in effect, except as modified herein. The ADRIC Rules are available at https://adric.ca/rules-codes/arbrules/ or by calling ADR at: 1-877-475-4353. All aspects of the arbitration proceedings, and any decision, decision or award of the arbitrator, will be strictly confidential for the benefit of all parties.

  5. ​Jury Trial Waiver: The Parties acknowledge and agree to waive the right to a trial Jury for all arbitrable disputes. No class actions or representative proceedings

  6. The parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action, class arbitration, collective action, private action of the Attorney General or any other representative for any disputes. Unless the parties otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class or representative proceeding. If the "Class Action" Waiver or "Class Arbitration" Waiver in this paragraph is determined to be unenforceable with respect to any Dispute, then the entire Agreement to Arbitrate shall be deemed void with respect to this dispute and the dispute shall continue in court. If the "Class Action" Waiver or the "Attorney General's Private Action" Waiver or the "Representative Proceedings" Waiver in this paragraph is held to be unenforceable with respect to any Litigation, such waivers may be severed from this arbitration agreement, and the Parties agree that all class claims, private attorney general claims, and representative claims in the Litigation shall be severed and stayed, pending resolution of any arbitrable claims in the Litigation in the individual arbitration.

  7. Signatures. This SaaS Agreement may be executed and initialed on each page in multiple counterparts, each of which, when executed, will be an original, and all of which, taken together, will constitute a single agreement. Delivery of a signed and initialed copy of this SaaS Agreement transmitted by facsimile or other electronic transmission shall be effective as delivery of a manually signed and initialed copy.

SUPPORT AND MAINTENANCE SERVICE

DEFINITIONS

"Business Hours" 8 a.m.-5 p.m., Monday through Friday, excluding holidays.F

 

  • Problem" means a defect in the Software as defined in APPCOMMERCE's standard Software specification which significantly degrades such Software.

  • Response” means an acknowledgment of the Issue received containing the name of the assigned support engineer, date and time assigned, and severity assignment.

SUPPORT AND MAINTENANCE SERVICE

Entitle the Customer to the following:

  1. Telephone or electronic support to assist Customer in locating and correcting problems with the Software.

  2. Bug fixes and code fixes to correct malfunctions of the Software to bring the Software substantially into conformance with the operating specifications.

  3. All extensions, enhancements and other changes that APPCOMMERCE in its sole discretion makes or adds to the Software and that APPCOMMERCE provides, free of charge, to all other Subscribers of the SaaS Service.

  4. The problem in the production system or application is not critical: no data was lost, and the system did not crash. The problem has been identified and does not interfere with normal operation, or the situation can be temporarily circumvented using an available workaround.APPCOMMERCE will assess the time needed to remedy the problem and Customer Support will make reasonable efforts to remedy the problem within 10 business days.

  5. General questions or enhancement requests. APPCOMMERCE will respond within 24 business hours.

Customer support can be reached online or by phone during business hours

APPCOMMERCE undertakes to respond within 2 hours during working days to any service call. A super staff

port of APPCOMMERCE begins work on the problem continuously, and a Customer resource must be available at all times to assist in problem determination. Customer Support will provide a reasonable effort for a solution or repair within 24 hours.

SERVICE DE SUPPORT ETDE MANTENANCE (Termes et Conditons)
Nos Plans Termes et Conditons

Our flexible plans

We align with your success

MOST POPULAR

App Connect

Fast and simple

blue check.png
blue check.png
blue check.png
blue check.png
blue check.png

App icon in your image
Unlimited notifications
No design to create
App sharing button
QR code

No long-term commitment

Progressive Plan

$49/mo Up to 1000 Users 

$149/mo Up to 5000 Users  

$249/mo Up to 25 000 Users 

Enterprise Plan

$450/mo

blue check.png
blue check.png
blue check.png

Unlimited users
Dedicated success agent
Bespoke features available

Additional fees may apply depending on the project.

Optional

Website integrations

Whatsapp, Messenger on demand

Additional charges may apply.

Pay annually and receive for free

Google Play One-Time Fee ($25)
Apple Developer Annual Fee ($99)
Google Play and Apple Developer Account Management ($75/year)

App Premium

More responsive than a website

blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png

More responsive than a website.
Connecting to multiple POS and CMS Integration with multiple points systems Transactional application
Multi-point of sale
Customizable design

Unlimited design blocks
Custom app icon
Unlimited notifications

AppCommerce Fees 
1.9% on in-app sales
No long-term commitment

Progressive Plan

$89/mo Up to 1000 Users 

$189/mo Up to 5000 Users  

$289/mo Up to 25 000 Users

Enterprise Plan

$599/month

blue check.png
blue check.png
blue check.png

Unlimited users
Dedicated success agent
Bespoke features available

Additional fees may apply depending on the project.

Optional

Launch design  $850

Our team will set up and customize your application and will take care of all the graphic design requirements for a professional result.

Pay annually and receive for free

Launch Design ($850)
Google Play One-Time Fee ($25)Apple Developer Annual Fee ($99)
Google Play and Apple Developer Account Management ($75/year)

An App that builds loyalty

App Reward

blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png

Display of your reward program
Connection to your reward system Transactional application
Customizable design
Unlimited design blocks
Custom app icon
Unlimited notifications

AppCommerce fees 
1.9% on in-app sales
No long-term commitment

Progressive Plan

$59/mo Up to 1000 Users 

$159/mo Up to 5000 Users 

$259/mo Up to 25 000 Users

Enterprise Plan

$450/month

blue check.png
blue check.png
blue check.png

Unlimited users
Dedicated success agent
Bespoke features available

Additional fees may apply depending on the project.

Optional

Launch design  $850

Our team will set up and customize your application and will take care of all the graphic design requirements for a professional result.

Pay annually and receive for free

Launch Design ($850)
Google Play One-Time Fee ($25)
Apple Developer Annual Fee ($99)
Google Play and Apple Developer Account Management ($75/year)

App Booking

Easy appointment booking

blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png
blue check.png

Booking from your mobile app
Integration with multiple booking systems Transactional application
Customizable design
Unlimited design blocks
Custom app icon
Unlimited notifications

AppCommerce fees 
1.9% on in-app sales
No long-term commitment

Progressive Plan

$59/mo Up to 1000 Users 

$159/mo Up to 5000 Users 

$259/mo Up to 25 000 Users

Enterprise Plan

$450/month

blue check.png
blue check.png
blue check.png

Unlimited users
Dedicated success agent
Bespoke features available

Additional fees may apply depending on the project.

Optional

Launch design  $850

Our team will set up and customize your application and will take care of all the graphic design requirements for a professional result.

Pay annually and receive for free

Launch Design ($850)
Google Play One-Time Fee ($25) 
Apple Developer Annual Fee ($99)
Google Play and Apple Developer Account Management ($75/year)

*AppCommerce fees are in addition to Stripe transaction fees.

*A user is counted when they download the application and is no longer counted if they do not open the application for 30 consecutive days.

Pay annually and save on the annual fees for Google Play and Apple Developer

*All plans require a Google Play account (one-time fee of $25) and an Apple Developer account ($99/year) to publish your application.

**We can set up your Google Play and Apple Developer accounts for $75/year, so in the first year, you will pay $199 ($75 + $25 + $99) + taxes, and in subsequent years, $174.

Google and Apple can change their prices, and our prices will be adjusted accordingly.

bottom of page