Terms of use

The parties

These terms form the agreement between Michoozon Inc., 2440 Watercolours Way, Ottawa, Ontario K2J 7A9 ("we"), and the organization that opens a Samwell account ("the organization"). The person who accepts them declares they have authority to bind the organization.

The people the organization invites (staff, volunteers, board members) use Samwell under the organization's responsibility and accept the acceptable use described below.

The service

• Samwell is offered online, by subscription, with nothing to install.
• The modules included are those of the current plan, described in the application.
• We may evolve the service; we do not remove an essential feature during a subscription without 30 days' notice.

Subscription, trial and payment

• A one-month free trial, no card required.
• The price depends on the organization's number of paid employees; volunteers and board members are never counted.
• Monthly or annual payment, through Stripe, in advance; taxes extra according to the organization's province.
• The subscription renews automatically at the end of each period; the organization can stop it at any time, effective at the end of the paid period. No prorated refund unless the law requires it.
• A price change is announced at least 30 days in advance and applies to the following period.
• A payment more than 30 days late may lead to suspension, after notice in the application and by email. Data remains intact during a suspension.

The organization's data

• The organization remains the owner of all the data it enters or imports.
• We process it only to provide the service, under the data processing agreement, which forms part of this agreement.
• The organization can export its data at any time, in open formats.
• The organization is responsible for the lawfulness of what it collects, for its staff's consents and for the permissions it grants in the application.

Calculations and compliance content

Samwell proposes calculations (source deductions, leave, vacation, remittances) and information about employment laws, taken from official sources and dated. They are tools, not legal or accounting advice. The organization checks the amounts before paying or filing a return, and remains responsible for its obligations to its employees and to governments. Any calculated value can be changed by the organization.

Acceptable use

• Do not try to access another organization's or person's data without permission.
• Do not bypass security measures or test for vulnerabilities without our written agreement.
• Do not upload illegal content or malware, or use the service to send unsolicited messages.
• Keep your sign-in methods to yourself.

We may suspend access that endangers the security of the service or of other organizations, notifying the organization without delay.

Our commitments

• Host the data in Canada and protect it as described in the privacy policy.
• Aim for continuous availability, outside announced maintenance; we do not guarantee uninterrupted service.
• Make regular backups.
• Notify the organization of any confidentiality incident affecting its data no later than 72 hours after becoming aware of it.

Confidentiality

Each party keeps the other's non-public information confidential and uses it only for this agreement, during its term and for five years after.

Liability

To the extent permitted by law, our total liability, for all causes combined, is limited to the amounts paid by the organization for Samwell in the 12 months before the event. We are not liable for indirect damages (lost profits, lost funding, or data that was not exported). These limits do not apply to gross or intentional fault, or where the law prohibits them.

Term and termination

• The agreement lasts as long as the subscription is active.
• The organization can close its account in the settings. Data remains exportable, then is removed from the application after 30 days and deleted from the encrypted archive 100 days later. Payroll is kept separately, encrypted, as long as tax law requires.
• We may end the agreement for a serious breach not corrected within 30 days of written notice.

Changes to these terms

We publish changes on this page. A significant change is announced at least 30 days in advance; continuing to use the service after that date means acceptance. An organization that refuses can close its account at no cost.

Governing law and language

This agreement is governed by the laws of Ontario and the federal laws of Canada that apply, subject to the mandatory rules of the organization's province. The courts of Ottawa have jurisdiction, unless a mandatory rule provides otherwise.

These terms are offered in French and English; both versions are equally authoritative. An organization in Québec receives the French version first.

Contact us

• Support: [email protected]
• Other questions: [email protected]
• By mail: Michoozon Inc., 2440 Watercolours Way, Ottawa, Ontario K2J 7A9