Terms of Use

Draft version, to be reviewed by a lawyer before launch.

These terms of use (the “Terms”) form a contract between [Ton prénom et nom de famille], of Montréal (Québec), who operates the Mettons app (“we”), and the business that subscribes to the service (“you”). By creating an account, you confirm that you have read and accepted these Terms and our privacy policy.

1. The service

Mettons is online booking software for beauty professionals: a public booking page, a calendar, text and email reminders, and deposits. Your clients book on your page without creating an account.

2. Who can subscribe

The service is offered to businesses established in Québec or elsewhere in Canada, including self-employed workers, who use it for their business activities. The person who creates the account must be an adult and have the authority to bind the business. You must provide accurate information and keep your password confidential. You are responsible for activity carried out through your account.

3. Free trial

You can try the service free for 14 days, without providing a credit card. At the end of the trial, access to the service is paused unless you subscribe. Nothing is charged without your action.

4. Price, taxes and billing

The subscription costs $19.99 per month, in Canadian dollars. We are a small supplier not registered for GST and QST, so these taxes are not charged. If we have to register, we will notify you at least 30 days before any change to the amount billed. The subscription is billed monthly, in advance, through Stripe, and renews automatically until cancelled. We may change the price by giving you at least 30 days’ notice by email. If a payment fails, we may suspend access until payment is made.

5. Cancellation

You can cancel your subscription at any time in the app. You keep access until the end of the period already paid. No refunds are given for partial months. You can export your data at any time, and for 30 days after the contract ends (see section 10).

6. Included text messages

The subscription includes up to 400 text messages per month. Once this limit is reached, reminders are sent by email until the following month. Text message delivery depends on telecommunications carriers and is not guaranteed.

7. Your responsibilities

You are responsible for:

• the accuracy of the services, prices, durations and availability shown on your page;
• your own tax obligations, including collecting and remitting taxes on your services;
• your cancellation and deposit policy, which must comply with Québec’s Consumer Protection Act and the Civil Code of Québec; Mettons does not give you legal advice on this [To review];
• obtaining valid consent from your clients, including the express consent required by Canada’s Anti-Spam Legislation (CASL) before sending “time to rebook” reminders;
• your privacy obligations toward your clients: for their information, you are the responsible organization (for example, designating a person in charge, answering access requests and recording only the information you need);
• the content you publish (text, photos, links), for which you must hold the rights. You grant us a non-exclusive licence to host and display it, solely to provide the service.

8. Client deposits and payments

If you turn on card deposits, your clients pay them directly into your own Stripe account. Mettons never holds your clients’ funds and is not a party to these payments. You must accept Stripe’s terms. Stripe’s fees, refunds and payment disputes are between you and Stripe.

Interac e-Transfer deposits are handled directly between your clients and you; Mettons does not process these transfers.

9. Acceptable use

You agree not to:

• send spam or messages to people who have not consented to them;
• publish content that is illegal, misleading, hateful or that infringes the rights of others;
• impersonate another person or business;
• try to get around the service’s security, overload it or access other accounts’ data;
• resell or sublicense the service.

We may suspend or close an account that breaks these rules, with notice when possible.

10. Your clients’ information: mandate (section 18.3)

Your clients’ personal information (name, mobile number, email, appointments, notes and consents) is under your responsibility. By entrusting it to Mettons, you give us a mandate. This section is the written mandate required by section 18.3 of Québec’s Act respecting the protection of personal information in the private sector. We undertake to:

• use this information only to provide the service to you and according to your instructions, never for our own purposes, and never sell it;
• protect its confidentiality with reasonable security measures: hosting in Canada, encryption in transit, access limited to people who need it, and confidentiality commitments from those people;
• impose the same obligations, by written agreement, on our subcontractors, who are listed in our privacy policy;
• notify you without delay of any confidentiality incident, or any attempted breach of these obligations, involving this information, and help you notify the Commission d’accès à l’information and the people affected when required;
• allow you to verify compliance with these obligations, in particular by answering your written questions and giving you relevant information about our security measures [To review];
• forward to you any request we receive from your clients and help you respond;
• at the end of the contract, let you export this information for 30 days, then destroy it and not keep it. Backup copies are erased on their normal rotation cycle [To review].

11. Intellectual property

The Mettons software, name and look belong to us. You keep all your rights to your content and data.

12. Service availability

We make reasonable efforts to keep the service available and working properly, but we do not guarantee that it will be uninterrupted or error-free. The service may be interrupted for maintenance or because of third-party providers (hosting, telecommunications, Stripe). We may change the service’s features over time.

13. Limitation of liability

You subscribe for business purposes, so the protections of Québec’s Consumer Protection Act do not apply to this contract. To the extent permitted by Québec law:

• we are not liable for indirect losses, such as lost revenue or clients, a missed appointment or an undelivered message;
• our total liability is limited to the amounts you paid us in the 12 months before the event giving rise to the claim [To review].

Nothing in these Terms excludes or limits our liability for intentional or gross fault, or for bodily or moral injury (article 1474 of the Civil Code of Québec).

14. Changes to these Terms

We may change these Terms. We will notify you by email at least 30 days before a change takes effect. If you do not accept it, you can cancel your subscription before that date. If you keep using the service after that date, the amended Terms apply.

15. Governing law and courts

These Terms are governed by the laws of Québec and the federal laws of Canada that apply there. Any dispute falls under the jurisdiction of the courts of the judicial district of Montréal.

16. Language

These Terms are drawn up in French, and the French version prevails. This English translation is provided for your convenience. By choosing English, you confirm that you expressly requested it after the French version was made available to you, in accordance with section 55 of the Charter of the French language [To review].

17. Contact us

Questions about the service: allo@mettons.ca. Personal information: [Ton prénom et nom de famille], person in charge of the protection of personal information, vieprivee@mettons.ca.