General Terms of Service
MerciSam General Terms of Use (GTU) and MerciSam General Terms of Service (GTS)
Effective Date: March 1, 2026
These General Terms of Use and Service (hereinafter the « GTU » and « GTS ») govern the access and use of the MerciSam platform (hereinafter the « Platform » or the « Service »), published by the company MerciSam, a corporation (inc.) duly incorporated under the laws of Quebec, Canada (hereinafter « MerciSam » or « We »).
WHEREAS:
- MerciSam has developed an intelligent virtual assistance platform (AI) dedicated to residential rental property management in Quebec;
- This Platform aims to simplify and optimize administrative and management tasks for individual, often non-professional, owners holding between 1 and 20 or more units;
- The Service offers tools, features, and recommendations for listing properties, daily management, administrative automation, financial steering, and connection to an ecosystem of partners and resources;
- Access to and use of the Platform are subject to acceptance of these GTU and GTS;
THE PARTIES AGREE AS FOLLOWS:
By accessing the Platform, creating a user account and/or using our services, you (hereinafter the « User » or « You ») acknowledge having read, understood, and accepted, without reservation or modification, the entirety of these GTU and GTS. This acceptance is materialized by checking the acceptance box during registration and/or by continued use of the Service. If You do not accept these GTU and GTS, or any future modification, you must not use the Service.
- Legal Information on the Company
- Full legal name: MerciSam
- Trade name: MerciSam
- Legal form: Corporation (inc.)
- Contact email address: bonjour@mercisam.ca
- Support phone: 438-800-8798
- Description of the Service
MerciSam is an intelligent virtual assistance platform (AI) designed to simplify and optimize residential rental property management in Quebec.
2.1. Target Audience
The Service is primarily aimed at individual owners (often non-professional) holding a portfolio of residential rental properties, generally composed of 1 to 20 or more units. It is designed for Users who manage their properties independently, sometimes remotely, and often in parallel with a main job. Use by owners operating through a small business (e.g., personal management company, single-person real estate company) is also permitted, subject to compliance with these GTU and GTS. The Platform is accessible to Canadian owners, including those connecting from abroad.
2.2. Current Features
The Platform offers a set of modular and integrated features to facilitate rental management:
- Property Listing: Includes tools for drafting optimized advertisements, preliminary tenant application qualification algorithms (based on criteria defined by the User), features to facilitate visit planning and follow-up, as well as proactive alerts on key steps in the leasing process.
- Daily Management of Properties and Tenants: Allows centralization of communication with tenants (integrated messaging), sending smart reminders (e.g., rent due dates, lease renewal), and structured incident tracking (from declaration to resolution). Sam anticipates and prevents oversights with personalized notifications.
- Administrative Automation: Offers pre-filled lease and administrative document templates (compliant with Quebec laws), a secure storage space for all documents related to properties and tenants, as well as integrated legal alerts to inform the User of relevant deadlines or regulatory changes. Sam detects potential administrative shortcomings and suggests best practices.
- Income Steering and Investment Optimization: Provides a clear and intuitive financial dashboard, detailed tracking of rents collected and arrears, expense analysis per property, identification of financial anomalies, and AI-based suggestions to optimize profitability (e.g., rent adjustment, cost reduction).
- Connection to a Complete Ecosystem: Provides access to an active community of owners for experience sharing, a directory of verified partners (tradespeople, legal professionals, etc.) and targeted educational resources (guides, articles, training).
2.3. Future Service Evolutions
MerciSam is committed to continuously evolving and enriching its Platform. In the future, Sam will be able to:
- Automatically cross-reference supply and demand between owners, facilitating the exchange of properties or tenants.
- Identify suitable tenant profiles through in-depth analysis, secure deposits, and streamline the management of complex incidents.
- Analyze market and performance data to identify optimization levers (reduction of vacancy periods, dynamic rent adjustment, anticipation of charges).
- Recommend suitable professionals based on the User’s specific situation and need, even anticipating future needs.
- Offer a clear and predictive vision of asset performance and propose concrete actions to improve it over the long term.
2.4. Access to the Service
The Service is accessible via a responsive web interface, optimized for use on computers, tablets, and smartphones, and compatible with major web browsers (e.g., Chrome, Firefox, Safari, Edge). A stable internet connection is required to access and use the Platform. The development of a native mobile application is planned for a later phase of the project. These GTU / GTS will apply de facto to this mobile application and will be updated as needed.
- Account Creation and Management
3.1. Account Creation
Access to the full features of the Platform requires the creation of a personal user account. During the registration process, the User must provide the following information: Last Name, First Name, Email Address, Password, Phone Number, Main Residence Address, and Date of Birth. The User warrants that all information provided is accurate, complete, and up-to-date.
3.2. Acceptance of GTU and Privacy Policy
Account creation is conditional upon the explicit acceptance of these GTU, GTS, and MerciSam’s Privacy Policy. This acceptance will be done through a dedicated checkbox during the registration process. The User acknowledges that this acceptance constitutes electronic consent having the same legal value as a handwritten signature.
3.3. Minimum Age and Eligibility
The Service is exclusively reserved for natural persons aged eighteen (18) years and older, having the legal capacity to contract, and residing in Quebec or Canada. MerciSam reserves the right to refuse registration or suspend an account if these conditions are not met.
3.4. Identity Verification
Registration is subject to verification of the email address provided. MerciSam reserves the right to request complementary information, including official identification (e.g., driver’s license, passport), for specific procedures (e.g., financial transactions, access to sensitive features) or in case of reasonable doubt about the User’s identity.
3.5. Account Security
The User is solely and entirely responsible for the confidentiality of their password and all activities carried out under their account. They undertake to immediately inform MerciSam of any unauthorized use of their account or any security breach. MerciSam cannot be held responsible for damages resulting from the User’s failure to comply with this obligation.
3.6. Account Sharing
The sharing of an individual account between several people is strictly prohibited. Each user must create their own personal account. However, the Platform allows the sharing of the management of a specific co-owned property between several distinct user accounts, via an invitation and acceptance mechanism within the Platform. Access rights and responsibilities for shared properties will be defined in the Platform interface.
3.7. Account Deletion
The User may request the deletion of their account at any time, either directly via the settings of their personal space on the Platform, or by submitting a written and signed request (by email or postal mail) to MerciSam’s customer support.
3.8. Data Retention and Deletion after Termination
In accordance with the requirements of Quebec’s Law 25 regarding the protection of personal information, in case of account deletion, the User will have the possibility to download and export their personal data and the documents they uploaded to the Platform for a period of thirty (30) days following the effective date of account termination. After this 30-day period, and unless a specific legal obligation requires longer retention (e.g., financial data for tax reasons, activity logs for security or legal compliance reasons), the documents and data stored in the User’s account will be permanently and irreversibly securely deleted from our systems.
3.9. Maximum Inactivity Period
A user account may be temporarily suspended after six (6) consecutive months of inactivity, if no monthly subscription is active or if no annual subscription is ongoing for this account. Suspension implies blocking access to the Service’s features. The data associated with the suspended account will be retained for a period defined by law, and processed in accordance with the progressive deletion policy mentioned in section 3.8 in case of non-reactivation of the account.
- Use of the Platform
4.1. User’s General Obligations
The User agrees to use the Platform fairly, diligently, in good faith, and in compliance with these GTU and GTS, the Privacy Policy, and all applicable laws and regulations in Quebec and Canada. They undertake in particular to:
- Provide accurate, complete, and up-to-date information upon registration and throughout the use of the Service.
- Maintain the confidentiality of their login credentials and be solely responsible for any activity carried out under their account.
- Not use the Service for fraudulent, illegal, misappropriated commercial purposes (unless explicitly authorized for small businesses), or purposes contrary to public decency.
- Respect the intellectual property rights of MerciSam and third parties.
- Not attempt to disrupt the integrity or security of the Platform, nor access unauthorized systems or data.
- Not use robots, « spiders, » « scrapers, » or any other automated means to access the Platform or to collect data without the prior written authorization of MerciSam.
4.2. Prohibited Content and Conduct
The following are strictly prohibited on the Platform, without this list being exhaustive:
- Abusive or illegal conduct: Harassment, defamation, insult, threat, intimidation, discrimination (based on race, ethnic origin, religion, sex, sexual orientation, disability, etc.), or any other behavior infringing on the dignity, reputation, or rights of others. Use of the Service for any illegal activity, including real estate fraud, money laundering, or terrorist financing.
- Identity theft and fraud: The use of third-party identifiers, identity theft, falsification of documents or information.
- Inappropriate content: Publishing, downloading, or distributing illegal, obscene, pornographic, violent, hateful, racist, xenophobic content, or content inciting violence or hatred.
- Infringement of privacy: Publishing content infringing on the privacy or personal data of third parties without their explicit consent.
- Violation of intellectual property: Publishing content infringing on the intellectual property rights of third parties (copyright, trademarks, trade secrets, patents, etc.) without authorization.
- Spam and unsolicited communications: Sending unsolicited emails (spam), unauthorized commercial messages, or chain letters via the Platform’s internal messaging system.
- Malware and technical attacks: Introducing viruses, Trojans, computer worms, logic bombs, « cancelbots, » « time bombs, » or any other malicious or technologically harmful program. Any action aimed at overloading, damaging, disabling, or compromising the security, integrity, or proper functioning of the Platform or its servers.
- Reverse engineering and circumvention: Any attempt at reverse engineering, decompilation, disassembling, decrypting, or any other way of attempting to discover the source code or structure of the Platform. Circumvention of the Platform’s security or authentication measures.
4.3. Account Suspension and Termination
MerciSam reserves the sovereign right to temporarily suspend or permanently terminate a user account, with or without notice, in case of the User’s failure to comply with any of their obligations defined in these GTU and GTS, in case of abuse, fraud, non-compliance with applicable laws, or if the User is involved in illegal activities or activities harmful to the Platform or its other users. In case of suspension or termination, the User’s data will be processed in accordance with section 3.8.
4.4. Service Availability
The Service is provided « as is » and « as available. » MerciSam will use all reasonable efforts to ensure a service availability of at least 95% on a rolling annual basis, excluding planned maintenance periods. However, no guarantee of absolute availability, continuous performance, or absence of errors is given. Interruptions may occur for reasons of maintenance, updates, technical failure, or in case of force majeure, without MerciSam’s liability being engaged in this respect.
4.5. Scheduled Maintenance
Users will be informed of major maintenance requiring a service interruption at least fifteen (15) days in advance via the Platform (e.g., information banner, online notification). This maintenance will be carried out during the least constraining time slots possible, generally at night (Eastern Standard Time), to minimize the impact on the use of the Service. The frequency of maintenance will be random and depend on the nature of the developments and technical needs.
4.6. Technical Support
Technical support is available by email (bonjour@mercisam.ca) and via the integrated chat service on the Platform. The targeted response time for technical requests is 48 business hours. Support hours are:
- Monday to Friday: 7:30 a.m. – 11:00 p.m. (Eastern Standard Time)
- Saturday and Sunday: 10:00 a.m. – 7:00 p.m. (Eastern Standard Time) It is specified that technical support is dedicated to problems related to the functioning of the Platform and cannot, under any circumstances, provide legal, financial, tax, or professional advice.
- General Terms of Service (GTS) and Pricing
5.1. Economic Model
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Special Beta Phase: The service is entirely free for all users, providing full access to all core features until the release of a more comprehensive version, currently scheduled for launch in 2026. This free period is designed to allow users to discover and test the Platform.
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Subsequent Phase (Freemium/Subscription Model): Following the Beta phase, a monthly or annual subscription model will be implemented. The first unit managed through the Platform will remain free of charge, with no time limit. Payment will only apply starting from the second unit added and managed by the User.
5.2. Subscription Pricing
Subscription rates will be communicated before the conclusion of the Beta phase.
5.3. One-Time Paid Services
Additional fees may apply for access to certain specific features or on-demand services, such as, but not limited to: the purchase of a legal lease template, the execution of a credit check for a potential tenant, or the setup of automatic bank withdrawal by the tenant. The exact prices for these one-time services will be clearly displayed and available on the Platform before any transaction and will require explicit acceptance by the User.
5.4. Accepted Payments
Payments can be made by credit card (Visa, MasterCard, American Express) or by automatic withdrawal (direct debit). MerciSam uses the services of secure third-party payment providers (currently Stripe) for transaction processing. The User accepts the terms of use of these payment providers.
5.5. Trial Period
Once the paid model is implemented, a free trial period of one (1) week will be offered to new users to explore the advanced features of the Platform. It is recalled that the management of a first property remains free of charge, regardless of this trial period.
5.6. Subscription Renewal
Monthly and annual subscriptions are tacitly and automatically renewed at the end of each subscription period (monthly or annual), unless previously terminated by the User within the prescribed deadlines. The User will be notified of the renewal as the due date approaches.
5.7. Termination Deadline before Renewal
The User can terminate their subscription at any time, up to 24 hours before the day of renewal, via the interface of their client space on the Platform. Termination will take effect at the end of the current subscription period.
5.8. Termination & Refund
Subscription termination is free at any time from the User’s client space. Paid subscriptions, whether monthly or annual, do not entitle the User to any refund, even in case of early termination, except in exceptional cases which will be evaluated and decided at the exclusive discretion of MerciSam. No refund request will be accepted if the cause is forgetting to terminate.
5.9. Invoicing
A detailed electronic invoice will be automatically generated after each payment and made available to the User in their personal space on the Platform.
5.10. Default Penalties
In the event of non-payment of the subscription or one-time fees on the due date, MerciSam reserves the right to suspend access to the Service for the User concerned after a period of two (2) weeks following the unpaid due date. Late fees may be applied in accordance with the laws in force. MerciSam also reserves the right to take any necessary legal action for the recovery of sums due.
- Intellectual Property
6.1. MerciSam Content and Technology
The entirety of the content, texts, images, videos, graphics, logos, trademarks, trade names, software, algorithms, databases, user interfaces, source codes, and underlying technology of the MerciSam Platform is the exclusive property of MerciSam or its licensors. All intellectual property rights related thereto, including copyrights, trademark rights, patent rights, and trade secrets, are reserved and protected by applicable laws in Canada and abroad.
6.2. User License
MerciSam grants the User a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license, strictly limited to the private and non-commercial use of the Platform’s services, in accordance with these GTU and GTS. This license does not confer any intellectual property right over the Platform or its content.
6.3. Content Generated or Uploaded by the User
The User retains full ownership of their data (property photos, uploaded documents, messages exchanged via internal messaging, entered information, etc.) that they generate or upload to the Platform. However, by using the Service, the User grants MerciSam a non-exclusive, worldwide, free, transferable, and sublicensable usage license for the use, storage, reproduction, modification, display, distribution, and dissemination of this data. This license is granted solely for the purpose of:
- Providing, operating, maintaining, and improving the Platform’s services.
- Personalizing the user experience.
- Developing new features.
- Carrying out anonymized statistical analyses.
- Feeding and improving Sam’s AI machine learning models, always in an anonymized and aggregated manner.
- Complying with legal and regulatory obligations.
6.4. Unauthorized Reproduction and Distribution
Any reproduction, distribution, representation, adaptation, translation, or use of all or part of MerciSam’s content or technology, in any form and by any means whatsoever, is strictly prohibited without the prior written authorization of MerciSam. Content resulting from MerciSam (e.g., lease templates, AI-generated recommendations) may only be republished, disseminated, or used for commercial or non-commercial purposes outside the Platform by obligatorily and clearly mentioning the source « MerciSam. »
6.5. Non-Compete Clause
The User is formally prohibited from copying, reproducing, adapting, decompiling, disassembling, reverse engineering, or in any way whatsoever, attempting to reproduce the concept, features, user interface, algorithms, or any other distinctive element of the MerciSam Platform. It is also forbidden to develop, market, or participate in the development of a competing service using the information, know-how, or data obtained via the Platform.
- Data Protection and Security (Law 25 Compliance)
7.1. Data Collected
MerciSam collects and processes the following categories of personal information:
- **Identification and contact data: Last Name, First Name, Email Address, Phone Number, Home Address, Date of Birth.**
- **Data related to properties: Addresses of units, lease information, property characteristics.**
- **Data related to tenants: Identification documents (if provided by the User), contact information, payment history.**
- **Financial data: Bank information (for payments and withdrawals), transaction history, income and expense statements related to the properties.**
- **Usage data: Activity logs on the Platform, IP addresses, navigation data, interactions with the AI.**
- **Technical data: Information on the device and browser used.**
7.2. Purpose of Collection and Processing
This personal information is collected and processed for the following purposes:
- Service Provision: User account management, access to Platform features, payment processing, sending notifications and alerts.
- Product Improvement: Analysis of Service usage to develop new features and optimize the user experience.
- User Support: Response to technical support and assistance requests.
- Personalization: Adaptation of AI content and recommendations to the User’s specific needs.
- Analysis and Optimization: Carrying out anonymized and aggregated statistical analyses to identify performance levers (e.g., reduction of vacancies, rent adjustment, anticipation of charges).
- Security and Legal Compliance: Fraud prevention, detection of illegal activities, compliance with legal and regulatory obligations, particularly Law 25.
7.3. Cookies and Trackers
MerciSam uses cookies and other tracking technologies (trackers) to analyze Platform usage, improve security, personalize the user experience, and for anonymized statistical purposes. A dedicated and detailed Cookie Policy is available on the MerciSam website, explaining the types of cookies used, their purpose, their retention period, and management options (consent, refusal) by the User.
7.4. Data Storage & Location
All data collected by MerciSam is exclusively hosted in Canada, on secure Porkbun servers located in Montreal (Quebec). MerciSam undertakes not to transfer its Users’ data outside of Canada without their prior explicit consent, unless required or permitted by law.
7.5. Specific Security Measures
MerciSam implements rigorous physical, technical, and administrative security measures compliant with industry best practices to protect the personal information collected, including sensitive data (identification documents, bank information). These measures include, but are not limited to:
- **Encryption of sensitive data (AES-256), both in transit and at rest.**
- **Strict access controls based on the principle of least privilege.**
- **Future implementation of two-factor authentication (2FA) for account access.**
- **Regular security audits and intrusion tests.**
- **A data security incident response plan. The data backup policy will comply with the legal constraints in force, ensuring data resilience and recovery in the event of a major incident.**
7.6. Subcontractors
MerciSam uses subcontractors for the provision of certain essential services for the functioning of the Platform. These subcontractors are currently: PorkBun (hosting), Stripe (payment processing), MailChimp (sending transactional and communication emails), Zendesk (customer support and chat management), and Google Analytics (collection of anonymized usage statistics). MerciSam undertakes to choose subcontractors offering security and confidentiality guarantees equivalent to its own, and to ensure that they comply with the requirements of Law 25.
7.7. Law 25 Compliance
MerciSam is committed to fully complying with the provisions of Quebec’s Law 25.
In this regard:
- Explicit consent: The explicit and informed consent of users will be systematically collected for the collection, use, and communication of their personal information, particularly for purposes not essential to the provision of the Service.
- Consent register: A detailed register of consents will be maintained and regularly updated.
- Rights of the data subjects: Users have the following rights regarding their personal information:
- Right of access: Obtain confirmation that their information is being processed and obtain a copy.
- Right of rectification: Request the correction of inaccurate or incomplete information.
- Right to portability: Receive their personal information in a structured and commonly used format, and transmit it to another organization.
- Right of deletion: Request the deletion of their personal information, subject to legal retention obligations. Requests related to these rights should be addressed to the Privacy Officer (see below). MerciSam undertakes to respond to any request for access, rectification, or portability within 48 business hours for the initial response, and to carry out the necessary actions within an additional 72 business hours, in accordance with the requirements of Law 25.
- Personal data retention period: Personal information is kept for the minimum legal period required in Quebec for each category of data, and will be securely deleted beyond this period, or after the User’s account deletion and the 30-day data recovery period, whichever period is shorter.
- Privacy Officer: Mathias Le Brun (mathias@mercisam.ca) is designated as the Privacy Officer for MerciSam. He is the point of contact for any questions or requests related to data protection.
- Liability and Warranties
8.1. Nature of the Service
The service is provided « as is » and « as available. » MerciSam is bound only by an obligation of means and does not guarantee specific performance, absence of errors, interruptions or viruses, or the suitability of the service for the User’s particular needs. MerciSam does not guarantee that the Service will be free from defects or that it will operate without interruption.
8.2. Sam’s (AI) Advice and Recommendations
Sam, MerciSam’s AI assistant, provides consultative opinions, suggestions, and personalized recommendations based on the data provided by the User and the information available in its knowledge base. It is expressly understood that MerciSam is not a law firm, financial advisor, accountant, or real estate broker. Consequently, MerciSam is not authorized to provide legal, financial, tax, accounting, or professional advice, and cannot under any circumstances be held responsible for decisions made by the User based on these recommendations or opinions. This information is provided for purely informational and indicative purposes only, and it is the User’s responsibility to verify, validate it, and consult qualified professionals (lawyers, notaries, accountants, tax specialists, etc.) before making any decision or taking any action.
- AI Transparency and Limitations: The User is informed that Sam is an artificial intelligence and that its recommendations are automated. Although MerciSam strives to ensure the relevance, accuracy, and personalization of its recommendations through regular updates and learning mechanisms, the AI may present inherent biases or errors. The User agrees to use these recommendations with critical discernment and understands that they do not in any way replace informed human judgment or the advice of a qualified professional. This information will also be clearly visible in MerciSam’s communication and on the Platform’s website.
8.3. Referenced Professionals
MerciSam offers connection with partner professionals via a directory. Although MerciSam undertakes to carry out preliminary competence checks (e.g., general reputation) to identify the best potential partners, MerciSam is in no way responsible for the quality, performance, actions, omissions, legal compliance, or contractual relationship between the User and these third-party professionals. The selection, engagement, and supervision of a partner professional are the sole and entire responsibility of the User.
8.4. Generated Documents
Legal documents (such as leases, modification notices) pre-filled or generated by Sam are provided for informational and indicative purposes only. They are based on generic templates and the information provided by the User. It is the User’s responsibility to ensure their accuracy, completeness, compliance with laws in force (particularly the Civil Code of Quebec and the Act respecting the Régie du logement) and to have them validated by a legal professional (lawyer, notary) if necessary. MerciSam declines all responsibility in the event of error, omission, non-compliance, or any prejudice resulting from the use of these documents without prior verification by the User.
8.5. Limitation of Liability
To the fullest extent permitted by law, the total and cumulative liability of MerciSam, for any cause whatsoever (including negligence, breach of contract, warranty, or tort liability) and whatever the basis of the claim, is limited to the amount actually paid by the User to MerciSam during the twelve (12) months preceding the occurrence of the damage. MerciSam can in no event be held responsible for indirect, special, incidental, consequential, or punitive damages, including, but not limited to, loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of clientele, business interruptions, or damages resulting from the use or inability to use the Service, even if MerciSam was informed of the possibility of such damages.
8.6. Indemnification
The User agrees to indemnify, defend, and hold harmless MerciSam, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, against any claim, demand, loss, damage, cost, expense (including reasonable legal fees and attorney’s fees) arising from or related to:
- The User’s wrongful or non-compliant use of the Platform.
- The User’s violation of these GTU and GTS or any applicable law or regulation.
- The User’s violation of any third-party right, including intellectual property rights or privacy rights.
- Any content generated or uploaded by the User to the Platform.
8.7. Force Majeure
MerciSam will not be liable for any failure or delay in the performance of its obligations under these GTU and GTS if such failure or delay is due to an event of force majeure, i.e., an unforeseeable, irresistible, and external event beyond the control of the parties, including, but not limited to: natural disasters (earthquakes, floods, fires), wars, acts of terrorism, riots, pandemics, strikes, power outages, internet network failures, major cyberattacks, governmental or regulatory decisions.
- Duration and Modifications
9.1. Effective Date
These GTU and GTS come into effect on the date of their publication on the MerciSam website and are applicable from the User’s first use of the Service.
9.2. Updates and Modifications
MerciSam reserves the right to modify these GTU and GTS at any time, at its sole discretion. Any substantial modification will be notified to users by email to the address associated with their account and/or via a banner or visible notification on the Platform at least fifteen (15) days before its entry into force. It is the User’s responsibility to regularly consult the GTU to take note of any modifications. Continued use of the Service after the effective date of the modifications will constitute full and complete acceptance of the new GTU.
9.3. Duration
These GTU are concluded for an indefinite period and are tacitly renewable by the User’s continued use of the Service.
9.4. Termination by the User
The User may terminate their account and subscription at any time, without cause, via the interface of their personal space on the Platform. Termination will take effect at the end of the current subscription period, and no refund will be due, except for exceptions provided in section 5.8.
9.5. Termination by MerciSam
MerciSam may terminate a user’s account, with or without notice, in case of legitimate cause, including, but not limited to:
- Serious or repeated violation of these GTU or the Privacy Policy.
- Prolonged non-payment of subscription fees or one-time services.
- Fraudulent or illegal activities.
- Conduct harmful to the Platform, its other users, or MerciSam’s reputation. In case of termination by MerciSam for legitimate cause, no refund will be due to the User.
- Applicable Law and Disputes
10.1. Applicable Law
These GTU are governed by the law of the province of Quebec, Canada, and the applicable Canadian federal laws therein, without regard to conflict of law principles.
10.2. Competent Court
Any dispute, controversy, or claim arising from the application, interpretation, or execution of these GTU will be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, province of Quebec, Canada.
10.3. Amicable Dispute Resolution
In the event of a dispute, the parties undertake to seek an amicable resolution before initiating any legal proceedings. The User is invited to contact MerciSam in writing (email to bonjour@mercisam.ca or to the Privacy Officer, Mathias Le Brun – mathias@mercisam.ca) precisely describing the subject of the dispute. MerciSam undertakes to acknowledge receipt of the request as soon as possible and to attempt to resolve the dispute in good faith within a reasonable time (generally 30 days from receipt of the request).
10.4. Linguistic Version
The French version of these GTU is the original version and is authoritative. An English version is made available for information (and cannot be taken as a guarantee), and the French version will prevail in case of any divergence in interpretation.