Terms of Use and Privacy Policy (Updated on July 16, 2026)
PREAMBLE
This agreement governs the use of the management and booking platform developed and operated by Réservation PRESENCE. It sets out our privacy policy as well as your obligations for the right to use the platform. Our platform is a non-exclusive, pay-per-use tool.
Réservation PRESENCE meansRéservation Présence inc, registered in the Québec enterprise register under number 1174712076, with its head office at 80 rue Néron Saguenay (Québec) G7H8B7 Canada reachable at info@reservationpresence.com.
The platform is intended for business clients acting in the course of their enterprise. This agreement is not a consumer contract within the meaning of the Consumer Protection Act.
Definitions
Client : any natural or legal person using the Réservation PRESENCE platform in the course of their business.
Réservation PRESENCE (or "PRESENCE") : the company operating the platform and providing the services described in this agreement.
1. SERVICE AGREEMENT
1.1 As long as payments related to the booking platform are made by their due date, Réservation PRESENCE undertakes to provide the expected service.
1.2 Réservation PRESENCE undertakes to comply with the service warranty set out in Article 4 of this agreement.
1.3 Réservation PRESENCE provides technical support during the following hours: emergencies, Monday to Sunday from 7:00 a.m. to 9:00 p.m.; non-urgent matters, Monday to Friday from 8:00 a.m. to 5:00 p.m. (excluding statutory holidays).
1.4 Réservation PRESENCE compiles usage data in order to improve the platform. This data is treated confidentially. However, the company cannot be held responsible for data breaches beyond its control, such as, for example, the unauthorized connection of a third party to your user account.
2. CLIENT RESPONSIBILITIES
2.1 The Client assumes full responsibility for the content displayed.
2.2 The Client agrees to pay all costs set out in Articles 8 and 9.
2.3 The Client must keep their information up to date.
2.4 The Client must indemnify Réservation PRESENCE in the event of lawsuits, claims or damages arising from their use.
2.5 The Client must back up their data to prevent any loss.
3. FORCE MAJEURE
3.1 Neither party is liable if the non-performance is due to an event beyond its control (fire, natural disaster, strike, war, power outage, etc.).
4. SERVICE WARRANTY
4.1 Réservation PRESENCE is responsible for the quality and proper functioning of the platform, except where the problem arises from: a) the configuration of users' computers; b) improper use by the Client; c) an external service.
4.2 Réservation PRESENCE does not guarantee uninterrupted operation but undertakes to restore service within a reasonable time.
4.3 No compensation is payable for loss of revenue or opportunities caused by an interruption.
5. TERMINATION OF THE AGREEMENT
5.1 In the event of termination of the agreement, your environment will become inaccessible. After 30 days, your account and its data will be deleted and unrecoverable.
5.2 You may request your data in writing within 30 days following a termination.
5.3 The Client may request termination at any time in writing. Payments made remain non-refundable. Réservation PRESENCE reserves the right to require the requester to verify their identity by means of an identification document, in accordance with Article 14.
5.4 Where PRESENCE decides to terminate your account, PRESENCE will send an electronic letter to the Client explaining the reasons for this decision. You will also be able to contest this decision within 29 days, by reply.
6. COPYRIGHT
6.1 The PRESENCE platform is the exclusive property of Réservation PRESENCE.
6.2 The Client agrees not to use, modify, reproduce or attempt to access the source code.
7. PENALTIES
7.1 Late payment: 2% per month (24% annually).
7.2 Returned cheque: $100 penalty.
8. COSTS (plus applicable taxes)
8.1 Fee per invoice created: $0.50.
8.2 Transaction fee: 1% of the amount of each transaction carried out on the platform.
8.3 Payment terms: PRESENCE will bill the fees at the beginning of each month for the previous month. You may pay in various ways, for example by credit card or bank withdrawal. You are responsible for updating your billing information to keep your subscription active. Fees are paid by credit card or pre-authorized bank debit (powered by Stripe, through the billing centre in your administration area).
8.4 Fees must be paid within 14 days following invoicing. If the fees are not paid, the platform will be automatically suspended until your invoice is paid.
8.5 A written or verbal agreement made with Réservation PRESENCE may prevail over the fees set out in this article. Agreements that have no agreed term may be modified upon reasonable written notice to the Client.
8.6 Additional development may be requested; in that case, PRESENCE charges $200 per hour.
9. NEWSLETTER AND COMMERCIAL COMMUNICATIONS
9.1 The platform offers a newsletter feature allowing the Client to send email communications to their clientele.
9.2 Fees: use of the newsletter is billed at $0.50 per email sent (plus applicable taxes), in accordance with the payment terms set out in Article 8.
9.3 The Client is solely responsible for obtaining recipients' consent, including a functional unsubscribe mechanism, and identifying themselves clearly, in accordance with Canada's Anti-Spam Legislation (CASL).
9.4 The Client indemnifies Réservation PRESENCE against any claim, fine or damage arising from a non-compliant mailing.
10. USER RESPONSIBILITIES RELATED TO USE OF THE PLATFORM
10.1 Security and data protection
10.1.1 The PRESENCE software complies with applicable regulations regarding security and data protection, but it is the Client's responsibility to configure it so that the standards are met according to their geographic location or that of their clientele.
10.1.2 The Client's information may be shared with third parties, such as service providers, supervisory authorities or the police, in the case of prevention or investigation of criminal offences, including fraud.
10.1.3 Applicable laws require that certain correspondence be made in writing. The Client agrees to receive these communications electronically, which will have the same legal value as written correspondence.
10.2 Limitations of the provider’s liability
10.2.1 PRESENCE cannot be held liable for losses or damages resulting from: fraudulent or abusive use of the services associated with a Client; delays or interruptions caused by factors beyond its control (force majeure); an act of computer hacking.
10.3 Prohibited and restricted activities
10.3.1 The Client agrees not to use the platform to sell, promote, finance or facilitate prohibited products, services or activities. This acceptable use policy is based on industry standards as well as those of PRESENCE’s payment provider (Stripe), as amended from time to time.
10.3.2 Prohibited activities. The Client may not, in particular, use the platform for the following activities: a) adult content and services: prostitution, escorts and companionship services, sexual massages, fetish services, erotic chat, pornography and any sexually explicit content; b) drugs and controlled substances: illegal drugs, substances designed to mimic illegal drugs, as well as equipment or paraphernalia intended for their production or consumption; c) cannabis: cannabis products, dispensaries, CBD products exceeding legal THC limits, as well as cultivation equipment and courses; d) weapons and explosives: illegal weapons, improperly marked firearm replicas, explosives, ammunition, regulated pesticides and toxic or radioactive materials; e) gambling and games of chance: gambling, online casinos and games, lotteries, sweepstakes and contests, sports betting and paid fantasy sports leagues; f) prohibited financial services: ATMs, cheque cashing, debt collection, money orders, peer-to-peer money transfers and shell banks; g) prohibited legal services: bail bonds, bankruptcy-related services and firms collecting non-legal fees; h) intellectual property infringement: counterfeiting, unauthorized distribution of music, films or software, and sale of branded products without authorization; i) other prohibited activities: fake identity documents, identity theft, deceptive or fraudulent practices, government services offered without authorization and telecommunications jamming.
10.3.3 Restricted activities. Certain activities are permitted only subject to additional verification and the prior approval of PRESENCE, in particular: content creation platforms, crowdfunding, dating services, regulated cryptocurrencies and non-fungible tokens (NFTs), financial products and lending services, legal firearms and weapons, pharmaceuticals and telemedicine, tobacco and vaping products, travel services, as well as stored value and in-game currencies.
10.3.4 The Client remains solely responsible for ensuring that their activities comply with applicable laws. Any violation may result, without notice, in the suspension or termination of the account (Articles 13 and 14) as well as reporting to the competent authorities.
11. DATA MANAGEMENT AND PROTECTION OF PERSONAL INFORMATION
11.1 Réservation PRESENCE backs up all platform data daily, as well as activities and connections in the user interface.
11.2 In order to provide support and ensure the maintenance of environments, PRESENCE’s technical team may access the Client’s data when necessary for these purposes. Access is limited to authorized personnel.
11.3 PRESENCE may not share your data with third parties without your explicit consent, except in cases provided for by law or by this agreement.
11.4 The Client remains the owner of the data and content they enter into the platform, including information relating to their own clientele. The Client grants Réservation PRESENCE a non-exclusive licence, limited to the term of the agreement, for the sole purposes of hosting, processing, backing up and making this data available in the course of providing the service, its maintenance and support.
11.5 Réservation PRESENCE processes personal information in accordance with the Act respecting the protection of personal information in the private sector (Québec) and other applicable laws.
11.6 Person in charge of the protection of personal information. Any question or request relating to personal information may be sent to: Kamylia Gagné, info@reservationpresence.com.
11.7 Purposes. The information is collected and used solely to provide and improve the service, ensure support, security and maintenance, bill the Client and comply with legal obligations.
11.8 Roles of the parties. When Réservation PRESENCE processes, on behalf of the Client, information concerning the latter’s clientele, it acts as a service provider. The Client remains responsible for obtaining the required consents from their own clientele and for ensuring the lawfulness of the collection.
11.9 Réservation PRESENCE carries out a privacy impact assessment, as required by law.
11.10 Subprocessors. Réservation PRESENCE may use trusted third parties to provide the service, in particular Stripe (facturation), Amazon Web Service, Sentry, MixPanel. These third parties are bound by equivalent confidentiality and security obligations.
11.11 Security. Réservation PRESENCE implements reasonable security measures (technical, physical and administrative) to protect personal information.
11.12 Confidentiality incident. In the event of an incident presenting a risk of serious harm, Réservation PRESENCE promptly notifies the Commission d’accès à l’information and the persons concerned, keeps a register of incidents and takes reasonable measures to reduce its consequences.
11.13 Retention and destruction. Information is kept for as long as necessary for the purposes or legal obligations, then destroyed or anonymized, subject to the deletion periods provided for in Article 5.
11.14 Rights of individuals. Subject to the law, any person concerned may request access to their information, its rectification, the withdrawal of their consent, as well as the communication of their information in a structured, commonly used technological format. A complaint may be filed with the Commission d’accès à l’information.
12. LIMITED LIABILITY
12.1 Réservation PRESENCE reserves the right to modify the platform without notice.
12.2 At any time, PRESENCE reserves the right to suspend one or more features of the platform.
12.3 To the fullest extent permitted by law, the total liability of Réservation PRESENCE, all heads of damages combined and arising from this agreement, is limited to the amount of the fees paid by the Client during the twelve (12) months preceding the event giving rise to the claim. Réservation PRESENCE may in no case be held liable for indirect damages, in particular loss of revenue, clientele, data or business opportunities.
13. LICENCE, TERM AND MODIFICATION OF THE SERVICE
13.1 Non-exclusive and non-transferable licence of use.
13.2 Term: this agreement has no defined term and remains active as long as a commercial relationship exists between the Client and PRESENCE. As long as you use PRESENCE, you are subject to this policy.
13.3 The agreement may be modified by PRESENCE; in that case, the Client may request an exemption from certain rules of this agreement within 30 days following the modifications.
13.4 Where the Client does not agree with the modifications, they may request termination, without penalty, on the ground of “a contestation of the modifications to the agreement.”
13.5 PRESENCE may suspend or terminate the account in the event of a breach of this agreement, prohibited use (Article 10.3) or legal obligation, upon notice where circumstances permit.
13.6 In the event of a transmission error, reading and dissemination are prohibited.
14. IDENTITY VERIFICATION
14.1 Where you make a request to PRESENCE, PRESENCE reserves the right to verify your identity.
14.2 At any time, PRESENCE may ask you to carry out an identity verification.
14.3 In that case, a verification process will be initiated and supporting documents concerning you or your business may be requested. You have a period of 15 days to comply; if you do not comply with this request, your environment could be terminated or your request ignored.
14.4 The supporting documents related to the verification of your identity will not be saved but may be shared with a third-party provider specializing in identity verification.
14.5 Where we are unable to verify your identity, your environment may be terminated or certain limitations may be placed on your account.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 This agreement is governed by the laws of the province of Québec and of Canada.
15.2 Any dispute arising from this agreement will be submitted to the exclusive jurisdiction of the courts of the judicial district of Chicoutimi.
16. IMPLIED ACCEPTANCE
16.1 This agreement does not require any formal signature.
16.2 The Client acknowledges that use of the PRESENCE platform constitutes full and complete acceptance of the terms of this agreement.
16.3 Any continued use of the platform after a modification communicated by Réservation PRESENCE also constitutes acceptance of the new terms.
17. GENERAL PROVISIONS
17.1 Severability. If any provision of the agreement is held to be void or unenforceable, the remaining provisions remain in full force and effect.
17.2 Entire agreement. This agreement constitutes the entire agreement between the parties and supersedes any prior agreement on the same subject matter.
17.3 No waiver. The failure of a party to require performance of an obligation does not constitute a waiver of the right to invoke it later.
17.4 Assignment. The Client may not assign the agreement without the written consent of Réservation PRESENCE. Réservation PRESENCE may assign the agreement in connection with a reorganization or a sale of its assets.
17.5 Notices. Notices are sent by email to the addresses on the Client’s account and are deemed received on the business day following their sending.
17.6 Language. The parties required that this agreement be drafted in French. This English version is provided for convenience only; in the event of any discrepancy, the French version prevails.