General terms

Who Sum is

This is a translation. If it differs from the French version, the French version prevails.

These terms are the common foundation of every Sum document. They apply to anyone who uses the platform, publishes a kit or works with Sum. Each role also has its own specific document (customer terms, author terms, services agreement, partnership agreement). If they conflict, the specific document prevails.

Sum is operated by Mikhaël Aubut, a sole proprietorship in Québec doing business as “Sum” (NEQ 2267169771), hereinafter “Sum”.

[email protected]

Definitions

• Platform: the usesum.ca website, the app.usesum.ca application, the editor, the Sum agent, the MCP connector, the API and site hosting.
• Engine: the software that reads, validates and assembles block formulas to produce a site.
• Sum format: the file structure of a site, the formula syntax (for example contact = index - tarifs + rendezvous) and the description of block fields.
• Block: a reusable component that describes its fields and how it renders.
• Kit: a set of blocks, themes and examples. The base kit (base) is the general kit provided by Sum.
• Site: a site created with the platform, made of structure, content and theme files.
• Content: the text, images, logos, data and information a person provides or has generated for their site.
• User: any person or business that uses the platform, whatever their role.

Business use only

The platform is for businesses, freelancers and organizations, for their professional activities. By accepting these terms, the user confirms they are acting in that capacity and not as a consumer.

What belongs to Sum

Sum is and remains the owner of the platform, the engine, the Sum format, the base kit, the editor, the Sum agent, the documentation, the “Sum” brand, its logos and its mascot. This includes improvements, fixes and derivative works of these elements, no matter who suggested them.

No Sum document transfers these rights, except a written assignment signed by Sum. Users receive only the licences described in their specific document.

The Sum format is readable by design: a developer can read and edit a site's files. This readability grants no right to copy the engine, the base kit or the platform, or to reproduce them for a competing service.

What belongs to others

• A customer's content belongs to them (see the customer terms).
• A kit published by an author belongs to them under the author terms, except the Sum elements it contains.
• What a freelancer paid by Sum creates belongs to Sum under their services agreement.

Sum may freely use, without obligation or payment, the ideas, feedback and suggestions sent to it about the platform.

Customer terms

Acceptable use

It is forbidden to use the platform to:

• publish content that is illegal, hateful, misleading or that infringes a third party's rights (copyright, trademark, privacy);
• impersonate another business, or collect passwords or payment data under false pretences;
• spread malware, send spam or overload the platform;
• get around usage limits, including those of the Sum agent;
• resell access to the platform, except under a partnership agreement.

Sum may remove content or suspend a site that breaks these rules. Except in an emergency, Sum notifies the user first.

Confidentiality

Sum handles personal information in accordance with its privacy policy and Québec's Law 25. Each party keeps confidential the other's non-public information it receives in the course of their relationship.

Privacy policy

Availability

Sum makes reasonable efforts to keep the platform and sites online. Unless agreed in writing, Sum does not guarantee a specific level of availability. Interruptions may occur for maintenance, updates or provider outages.

Limitation of liability

To the extent permitted by law:

• Sum is not liable for indirect damages, such as lost profits, customers or data;
• Sum's total liability is limited to the amounts the user paid Sum in the 12 months before the event.

These limits do not apply to intentional or gross fault, or to bodily or moral injury.

Suspension and termination

The user may stop using the platform at any time. Sum may close an account with 30 days' notice, or without notice in the case of a serious breach. The consequences for sites, kits and payments are set out in each specific document.

Changes

Sum may change these terms. Any significant change is announced by email at least 30 days before it takes effect. Continuing to use the platform after that date counts as acceptance.

Governing law and other provisions

These terms are governed by the laws of Québec and the federal laws of Canada that apply there. The courts of the judicial district where Sum has its place of business have jurisdiction. The French version prevails over any translation.

If a clause is found invalid, the others remain in force. Not exercising a right does not waive it. Sections 4, 5, 7 and 9 survive the end of the relationship.