SaaS Terms of Service governing the provision and use of Monexpe Inc.'s Services.
Monexpe Inc. 204 Rue du St.-Sacrement Montreal, QC H2Y 1W8 Canada
Version: September 2026 Last updated: September 2026
These SaaS Terms of Service ("Terms of Service") govern the provision and use of the software services, platforms, features, and related services provided by Monexpe Inc. ("Monexpe", "we", "our" or "us") to its business customers ("Client").
Monexpe operates a SaaS platform that notably allows organizations to collect, centralize, analyze, and act on the voice of their clients, patients, users, employees, citizens, or other stakeholders.
These Terms of Service constitute a contract between Monexpe and the Client.
They apply together with the Order Form, the commercial proposal, the DPA, the SLA, and any other document expressly incorporated into the contract.
Monexpe Services are primarily intended for businesses, organizations, institutions, professionals, and other organizations.
By accepting these Terms of Service on behalf of an organization, the person accepting them represents that they have the authority necessary to bind that organization.
The Services are not intended for personal or household use by consumers, unless expressly agreed by Monexpe.
For the purposes of these Terms:
"Order Form" means any document, form, proposal, quote, or service order accepted by the Client and Monexpe, specifying notably the Services subscribed, the term, pricing, or specific terms.
"Client" means the organization that has subscribed to the Services.
"Account" means the environment allowing the Client to access the Services.
"Client Data" means the data, content, information, files, responses, comments, contact details, or other information submitted, imported, collected, transmitted, or processed by or for the Client through the Services.
"Documentation" means the instructions, guides, technical information, or usage documents made available by Monexpe.
"DPA" means the applicable Data Processing Agreement.
"Partner" means a distributor, reseller, integrator, consultant, or other partner authorized by Monexpe.
"Services" means the SaaS services, platforms, applications, interfaces, features, modules, tools, and related offerings provided by Monexpe.
"SLA" means any applicable service level commitment agreed between the Parties.
"Authorized User" means any person authorized by the Client to access the Services.
The contract between Monexpe and the Client may include:
In the event of a conflict, the following order of priority applies, unless expressly stated otherwise:
A specific provision prevails over a general provision on the same subject.
The Client subscribes to the Services described in the Order Form.
Available features may depend on:
The Client acquires no ownership right in the Services.
For the duration of the subscription, Monexpe grants the Client a limited, non-exclusive, non-transferable, and revocable right to use the Services in accordance with the contract.
The Client is responsible for determining who is authorized to use its Account.
Each Authorized User must use the Services solely for the Client's professional activities.
The Client is responsible for:
The Client must inform Monexpe within a reasonable time when it becomes aware of or suspects unauthorized use of its Account.
The Client agrees to:
The Client remains responsible for its own business, operational, or professional decisions made on the basis of information generated by the Services.
The Client and its Authorized Users must not use the Services notably to:
Monexpe may take reasonably necessary measures to stop a prohibited use.
The Client retains all rights, title, and interest it holds in the Client Data.
These Terms grant Monexpe no ownership right in the Client Data.
The Client nonetheless grants Monexpe the rights necessary to host, technically reproduce, organize, transmit, back up, analyze, display, and otherwise process the Client Data, solely to the extent necessary to provide, secure, support, and operate the Services in accordance with the contract.
The Client is responsible for the Client Data it chooses to collect, import, store, or process through the Services.
It is responsible, notably, for ensuring that:
Monexpe does not determine, unless expressly agreed, the specific purposes of campaigns or questionnaires configured by the Client.
The Client may be subject to additional obligations when using the Services in a context involving sensitive information.
This may notably be the case in the healthcare, human resources, financial services, public sector, or other regulated industries.
The Client must determine whether the Services and the chosen configuration are suitable for its particular obligations.
Monexpe may impose additional conditions where processing presents a particular level of risk.
Each Party agrees to comply with the personal information protection obligations applicable to it.
Where Monexpe processes personal information on behalf of the Client, the Parties may be bound by a DPA.
The DPA may notably specify: the subject matter and duration of the processing, the categories of data, the categories of individuals concerned, the Client's instructions, security measures, subcontractors, international transfers, assistance with rights requests, privacy incidents, and the return or destruction of data.
As of the date of these Terms, Monexpe notably uses hosting services provided by Hostinger, and the infrastructure currently used for the Monexpe platform is located in the United States.
As a result, certain Client Data may be hosted or processed in the United States.
Monexpe applies the required measures regarding personal information processing carried out outside Quebec, where applicable.
Additional details may be provided in the DPA and the List of subcontractors.
Monexpe may use suppliers and subcontractors to provide certain components of the Services.
These suppliers may notably be involved in hosting, infrastructure, communications, security, support, authentication, analytics, artificial intelligence, or other functions necessary for the Services.
Monexpe remains responsible for its own contractual obligations with respect to services entrusted to its subcontractors, subject to the limitations provided in the contract and applicable laws.
A List of subcontractors may be made available in Monexpe's Legal Center.
Monexpe implements reasonable administrative, technical, and organizational measures designed to protect Client Data under its control.
These measures are determined notably based on the nature of the data, its sensitivity, its quantity, reasonably foreseeable risks, and the characteristics of the Services.
The Client acknowledges that no computer system can guarantee absolute security.
The Client is also responsible for the security of its own devices, networks, credentials, accounts, and systems connected to the Services.
Where an incident affecting Client Data is confirmed and Monexpe is required to inform the Client, Monexpe provides the Client with reasonably available information necessary to enable it to comply with its own obligations.
Monexpe may notably provide, depending on the information available: the nature of the incident, the categories of data affected, reasonably foreseeable consequences, measures taken or planned, and information relevant to managing the incident.
Detailed obligations may be set out in the DPA.
Certain Service features may use artificial intelligence or automated analysis technologies.
These features may notably analyze comments, classify verbatims, identify trends, produce summaries, suggest categories, or generate analyses or recommendations.
The Client acknowledges that automatically generated results may contain errors, omissions, or approximations.
They should not be considered as automatically constituting a professional, medical, legal, financial, or regulatory decision.
The Client remains responsible for validating the results and the decisions it makes based on them.
Where third-party suppliers are used for certain AI features, their involvement is governed in accordance with applicable documents.
AI Terms may supplement these Terms.
To the extent permitted by applicable laws and the contract, Monexpe may use aggregated or de-identified information notably to analyze the operation of the Services, improve performance, improve security, develop new features, establish general trends, or produce overall statistics.
Monexpe will not publish an analysis that could reasonably identify the Client as the source of the data without appropriate authorization.
Any anonymization of personal information is carried out in accordance with applicable legal requirements.
The Services may allow integration with third-party platforms, applications, or services.
Where the Client activates an integration, it authorizes the data exchanges necessary for that integration to function.
Monexpe is not responsible for independent third-party services it does not control.
The Client is responsible for reviewing the third-party supplier's terms, security practices, privacy policies, and the suitability of the third-party service for its obligations.
Depending on the Order Form, Monexpe or a Partner may provide additional services, notably configuration, implementation, integration, training, support, consulting, migration, and customization.
Implementation timelines may depend on the Client's cooperation.
Any delay caused by the Client's lack of information, access, approval, or cooperation may result in a reasonable adjustment to the schedule.
Particular services may be subject to a statement of work, a quote, or a separate Order Form.
Monexpe provides the support included in the Client's plan or Order Form.
Channels, hours, priority levels, and response times may be specified in the Order Form, the Documentation, or an applicable SLA.
Response times do not necessarily constitute resolution times.
Monexpe uses commercially reasonable efforts to keep the Services accessible.
Availability may nonetheless be affected notably by maintenance operations, updates, security incidents, supplier failures, internet networks, third-party integrations, force majeure events, or circumstances beyond Monexpe's reasonable control.
Where a specific availability commitment is agreed, it is set out in the SLA.
In the absence of an expressly applicable SLA, no particular availability percentage is guaranteed.
Monexpe may carry out maintenance operations, updates, fixes, or improvements.
Where reasonably possible, Monexpe seeks to limit the impact of planned maintenance on use of the Services.
Monexpe may modify or evolve the Services notably to improve their features, improve their security, fix issues, meet legal requirements, adapt the technologies used, or evolve its offering.
Monexpe will not intentionally remove a feature essential to the subscribed plan during a current subscription period without a reasonable solution or appropriate justification, except where the change is required notably for security, compliance, or reasons beyond its control.
Monexpe may make experimental, pilot, trial, or "beta" features available.
These features may be incomplete, evolve rapidly, contain errors, be discontinued, or never become permanent commercial features.
Unless expressly agreed otherwise, they are provided without any specific availability or performance guarantee.
Applicable pricing is set out in the Order Form, the commercial proposal, or any other accepted commercial document.
Pricing may depend notably on the number of Users, the number of locations, the number of questionnaires or responses, volumes, modules, integrations, professional services, or other units defined in the Order Form.
The Client agrees to pay the amounts due in accordance with the billing schedule set out in the Order Form.
Unless otherwise stated, billed amounts are expressed in the currency indicated on the Order Form, are exclusive of applicable taxes, and are due according to the agreed payment terms.
The Client must provide accurate and up-to-date billing information.
Prices shown are generally tax-exclusive unless otherwise stated.
The Client is responsible for sales taxes, goods and services taxes, harmonized sales taxes, provincial sales taxes, value-added taxes, or other taxes applicable to its purchase, excluding taxes calculated on Monexpe's net income.
Where Monexpe is legally required to collect a tax, it may be added to the invoice.
Where an invoice remains unpaid after its due date, Monexpe may send a notice to the Client.
Subject to applicable laws and the terms of the Order Form, reasonable interest or fees may be applied to overdue amounts.
Monexpe may suspend the Services for non-payment after giving the Client reasonable notice and an opportunity to remedy the default, except in cases of fraud or particular risk justifying faster action.
Suspension does not relieve the Client of its obligation to pay validly owed amounts.
The contract takes effect on the date indicated in the Order Form or, failing that, on the date the contract is accepted.
It remains in effect for the initial term set out in the Order Form.
The term of each subscription is determined by the applicable Order Form.
Renewal terms are those indicated in the Order Form.
Where the Order Form provides for automatic renewal, the subscription renews for the period and on the terms indicated therein, unless notice of non-renewal is given in accordance with the provided terms.
Where the Order Form does not provide for automatic renewal, a new agreement or renewal must be agreed between the Parties.
Monexpe may change its pricing for a future contract period.
Unless otherwise stated in the Order Form, a pricing change does not apply retroactively to a subscription period already paid for or committed at a fixed price.
Where renewal is automatic, Monexpe communicates significant pricing changes in accordance with the timeframe set out in the Order Form or applicable legal requirements.
Monexpe may suspend all or part of the Services where reasonably necessary, notably in the event of substantial non-payment, a material breach of the contract, a security risk, fraudulent use, unlawful use, harm to Monexpe's or third parties' systems, or where suspension is required by law.
Where circumstances permit, Monexpe informs the Client and gives it a reasonable opportunity to remedy the issue.
Monexpe seeks to limit suspension to what is reasonably necessary.
Either Party may terminate the contract if the other Party commits a material breach of its obligations and fails to cure that breach within a reasonable time after receiving written notice specifying the breach.
Immediate termination may be permitted where a breach cannot reasonably be cured or where the law or the nature of the breach justifies it.
Subject to applicable insolvency and restructuring laws, a Party may terminate the contract where the other Party substantially ceases operations, becomes insolvent, or is subject to liquidation or dissolution proceedings, where termination is legally permitted.
Upon expiry or termination of the contract:
Terms for the return, export, retention, and destruction of Client Data are governed by the DPA, the Order Form, and applicable policies.
Where the feature is available, the Client must carry out any reasonably necessary exports before its access ends.
Monexpe may retain certain information where required by law or reasonably necessary for the exercise or defense of rights.
Monexpe and its licensors remain the owners of all intellectual property rights relating to the Services, the platform, the software, the interfaces, the designs, the models, the methods, the algorithms, the trademarks, Monexpe's content, the Documentation, improvements, and the underlying technologies.
No right is transferred to the Client other than the limited right of use expressly granted in the contract.
If the Client voluntarily provides Monexpe with ideas, comments, suggestions, or recommendations regarding the Services, Monexpe may use them to improve or develop its products and Services.
This use does not, however, transfer to Monexpe ownership of the Client Data or the Client's confidential information.
Neither Party may use the other Party's trademarks, logos, or distinctive signs for promotional purposes without authorization, except where such use is expressly provided for in the contract.
Any authorized use must comply with applicable brand guidelines.
Each Party may receive confidential information from the other Party.
"Confidential Information" includes any information identified as confidential, or which, given its nature or the circumstances, should reasonably be considered confidential.
Each Party agrees to use Confidential Information solely to perform the contract, to protect it with a reasonable level of diligence, to limit access to those who need to know it, and not to disclose it to third parties except where authorized by the contract or required by law.
Information that the receiving Party can demonstrate was already lawfully known, became public without breach of the contract, was lawfully received from a third party without an obligation of confidentiality, or was independently developed, does not constitute Confidential Information.
A Party may disclose Confidential Information where legally required to do so.
Where the law permits, the disclosing Party informs the other Party beforehand so as to allow it to take measures it deems appropriate.
Disclosure must, to the extent possible, be limited to the information legally required.
Monexpe agrees to provide the Services with a reasonable level of care and skill consistent with practices generally applicable to similar technology services.
Monexpe also warrants that it has the right to provide the Services in accordance with the contract.
Any additional warranty must be expressly stated in the Order Form or a signed contractual document.
The Client represents and warrants that it has the right to enter into the contract, that it holds the necessary rights in the Client Data, that its instructions to Monexpe are lawful, that it will use the Services in accordance with applicable laws, and that it will respect the rights of affected individuals and third parties.
Subject to warranties that cannot legally be excluded, Monexpe does not warrant that the Services will be entirely error-free, that their operation will never be interrupted, that any feature will meet all of the Client's particular needs, that analytical results will always be accurate or complete, or that third-party services will be available at all times.
The Client is responsible for determining whether the Services meet its particular needs before making a critical decision based solely on them.
Each Party remains responsible for performing its contractual obligations in accordance with applicable laws.
Subject to the exclusions set out below, Monexpe's total cumulative liability arising out of or relating to the contract is limited to the total amount of fees paid or payable by the Client to Monexpe for the relevant Services during the twelve months preceding the event giving rise to the claim.
Where the contract has been in effect for less than twelve months, the cap corresponds to the fees paid or payable during the period elapsed since it took effect.
This limitation applies to the extent permitted by law.
To the extent permitted by law, neither Party will be liable to the other for indirect or consequential losses that were not reasonably foreseeable at the time the contract was entered into.
This may notably include, depending on the circumstances, indirect loss of profits, loss of business opportunities, loss of goodwill, loss of anticipated savings, or indirect business interruption.
This provision does not apply where such a limitation is prohibited by law.
Nothing in the contract is intended to exclude or limit liability where such exclusion or limitation is prohibited by law.
In particular, under applicable Quebec law, a Party may not exclude or limit its liability for material harm resulting from its intentional fault or gross negligence.
No limitation applies either to the extent that the law prohibits the exclusion or limitation of a particular liability.
The Parties remain responsible for their payment obligations.
The Parties acknowledge that the agreed pricing, warranty disclaimers, and limitations of liability constitute essential elements of the commercial allocation of risk between them.
Any limitation is interpreted to the extent permitted by applicable laws.
Subject to applicable laws, the Client will indemnify Monexpe against third-party claims arising directly from the Client's unlawful use of the Services, from Client Data where the Client did not hold the necessary rights, from a breach by the Client of a third party's rights, or from a material breach of its legal obligations relating to data it chose to process.
This obligation is subject to Monexpe reasonably informing the Client of the claim and allowing it to participate in its defense.
If a third party claims that the Monexpe Services infringe its intellectual property rights, Monexpe may, depending on the circumstances, defend the claim, obtain the right for the Client to continue using the Service, modify or replace the affected feature, or discontinue the affected part of the Service and refund, where applicable, the unused prepaid portion corresponding to that part.
Monexpe is not liable for a claim resulting primarily from an unauthorized modification of the Services by the Client, use contrary to the Documentation, a combination with a system not provided or approved by Monexpe where that combination is the cause of the claim, or from Client Data.
Neither Party is liable for a delay or failure resulting from an event constituting force majeure under applicable law.
This may notably include, where the applicable legal criteria are met: natural disasters, major fires, general infrastructure outages, conflicts, government actions, general network outages, or other unforeseeable and irresistible events beyond the reasonable control of the affected Party.
Payment obligations already due are not automatically cancelled solely because of a force majeure event.
Each Party is responsible for complying with the laws that directly apply to its own activities.
The Client acknowledges that Monexpe provides a general technology platform and does not automatically guarantee that any particular use configured by the Client meets the obligations specific to its industry.
Where particular requirements are agreed, they must be specified contractually.
The Parties agree not to use the Services or the business relationship to engage in acts of corruption, fraud, or unlawful payment.
Each Party remains responsible for complying with the anti-corruption laws applicable to it.
Where applicable economic sanctions, export control, or international trade laws apply to the Services, the Parties agree to comply with them.
Monexpe may refuse or suspend a service where it is legally prevented from providing the Services to a particular person, organization, or jurisdiction.
The Client may acquire the Services through an Authorized Partner.
In that case, certain commercial terms may be agreed directly with the Partner, rights to use Monexpe technology remain governed by these Terms, and the Partner may not bind Monexpe beyond the authority expressly granted to it.
Where the Partner itself provides distinct services, it remains responsible for its own services.
The end of the relationship between Monexpe and a Partner does not necessarily end rights legitimately acquired by an end Client; Monexpe may implement a reasonable solution to ensure continuity of the Service, subject to payment of applicable fees and contractual terms.
Monexpe will not publish a detailed case study revealing confidential Client information without authorization.
Any use of the Client's name or logo as a commercial reference must be authorized by the Client, unless such authorization is expressly stated in the Order Form.
Neither Party may assign the contract in its entirety without the other Party's reasonable consent, except in connection with a merger, a reorganization, a sale of all or a substantial part of its relevant assets or business, or a comparable transaction, provided the assignee assumes the applicable obligations.
An assignment must not be used to circumvent the rights of the other Party.
Monexpe may subcontract certain parts of its obligations.
Subcontracting does not relieve Monexpe of its own contractual obligations to the Client.
Processing of personal information by subcontractors is governed by the applicable provisions of the DPA.
The Parties are independent contractors.
The contract does not create any partnership, joint venture, employer-employee relationship, fiduciary relationship, agency, or representation, except where such a relationship is expressly provided for in writing.
Neither Party may legally bind the other without authorization.
Important contractual notices may be sent by email to the contact details designated by the Parties, through the platform where appropriate, or by any other means agreed in the Order Form.
The Client is responsible for keeping its administrative contact information up to date.
Notices of termination, material breach, or other formal notices may be subject to additional terms set out in the Order Form.
Monexpe may amend these Terms notably to reflect the evolution of the Services, legislative changes, new security requirements, or reasonable developments in its practices.
A significant change applicable to a current subscription is communicated to the Client by a reasonable means.
An amendment does not retroactively reduce the Client's substantial contractual rights for a period already paid for, except where the change is required by law, security, or a circumstance beyond Monexpe's reasonable control.
The terms applicable upon renewal may be the terms then in effect, subject to the Order Form and applicable laws.
Unless a mandatory provision states otherwise or specific terms are agreed in writing, the contract is governed by the laws applicable in the Province of Quebec and the federal laws of Canada applicable therein.
Conflict of laws rules that would result in the application of other legislation are excluded to the extent permitted by law.
Subject to applicable mandatory rules and unless expressly stated otherwise in the Order Form, any dispute arising out of or relating to the contract is subject to the competent courts of the Province of Quebec, Canada.
The Parties may agree in writing to another dispute resolution mechanism, notably for certain international contracts.
Before initiating legal proceedings, the Parties are encouraged to reasonably attempt to resolve the dispute through discussion between their authorized representatives.
This provision does not prevent a Party from promptly seeking an injunction or other urgent measure where necessary to protect its rights.
The French version of these Terms is the reference contractual version for contracts to which applicable Quebec language requirements impose the prior delivery of a French version.
Where a version in another language is used in connection with a contract of adhesion subject to Quebec's Charter of the French Language, it only binds the Parties where the requirements allowing them to expressly choose that other language have been met.
Where the Parties are legally permitted to choose another language and validly express that intent, they may agree that the version in that other language constitutes the applicable contractual version.
Where the contract constitutes a contract of adhesion within the meaning of applicable legislation, Monexpe takes appropriate steps to ensure that external clauses incorporated into the contract are brought to the Client's attention when the contract is formed, where required.
Applicable contractual documents should be accessible to the Client before it accepts the contract.
The contract constitutes the entire agreement between the Parties regarding the relevant Services and supersedes prior discussions, proposals, or communications on the same subject.
However, fraudulent representations and obligations that cannot legally be excluded remain governed by law.
A particular amendment negotiated between the Parties is only valid when recorded in a document accepted by authorized representatives.
A negotiated specific term prevails over these Terms only with respect to the subject matter to which it relates.
A Party's failure to immediately exercise a right does not constitute a waiver of that right.
Any waiver must be clear and applies only to the situation for which it was granted.
If a provision of the contract is declared invalid, illegal, or unenforceable, it must be interpreted or reduced to the extent necessary and permitted by law.
The other provisions remain in effect, unless the provision concerned was essential to the overall balance of the contract.
Provisions that, by their nature, are meant to continue to have effect after the end of the contract remain applicable.
This notably includes provisions concerning amounts owed, confidentiality, intellectual property, data protection, limitations of liability, indemnification, governing law, and dispute resolution.
Where the law permits, the Parties may enter into or accept the contract by means of an electronic signature, an electronic signature platform, an electronic acceptance process, or any other legally valid means of recording their consent.
The Parties acknowledge that electronic documents may have the same legal value as paper documents where applicable legal conditions are met.
An Order Form accepted electronically by an authorized representative may constitute a contractual commitment.
Each Order Form may constitute a separate commitment subject to these Terms.
Termination of one Order Form does not necessarily result in termination of other Order Forms, unless stated otherwise.
For any question regarding these Terms:
Monexpe Inc. 204 Rue du St.-Sacrement Montreal, QC H2Y 1W8 Canada
Email: info@monexpe.ca
For questions regarding the protection of personal information:
Nouhad Amimy Privacy Officer Monexpe Inc.
Email: info@monexpe.ca
© 2026 Monexpe Inc. All rights reserved.