GENERAL TERMS AND CONDITIONS OF SALE - CANTOOK ACCESS

Last Updated: May 8, 2025

 

1.  PREAMBLE

 

These General Terms and Conditions of Use (hereinafter referred to as "GTUs") govern the use of the Cantook Access service (hereinafter referred to as "the Service"), operated by De Marque Inc. (hereinafter referred to as "the Company"), whose registered office is located at 400 Bd Jean-Lesage, Quebec, QC G1K 8W1.

 

Cantook Access is a web service developed by De Marque Inc. that increases the productivity of generating alternative texts for the purpose of making digital books accessible.

 

2.  ACCEPTANCE OF TERMS

 

By using the Service, you acknowledge that you have read, understood, and accepted these GTUs. If you do not agree to these terms, you must not use the Service.

 

The Company reserves the right to modify these GTUs at any time. Users will be informed of changes by a notification on the Service. Continued use of the Service after modification of the GTUs constitutes acceptance of those modifications.

 

3.  DESCRIPTION OF THE SERVICE

 

Cantook Access is a web service that:

 

    -   allows a user to create an account and invite collaborators within their "organization,"

    -   allows a user to upload an epub3 file from their computer,

    -   automatically extracts the images from the file and displays them in an interface

    -   allows the manual or artificial intelligence (AI) assisted writing of alternative descriptions for these images

    -   modifies the epub

    -   allows the user to download the modified file to their computer.

 

4.  TARGET USERS AND ACCESS CONDITIONS

 

The Service is intended exclusively for professional use. By using the Service, you declare and warrant that you are using it as part of your professional activity.

 

To access the Service, you must:

 

    -   Be a legal or natural person engaged in a professional activity

    -   Create a user account by providing accurate and up-to-date information

    -   Have the necessary rights to the processed files

 

The Company reserves the right to refuse access to the Service to any user who does not comply with these conditions.

 

5.  ECONOMIC MODEL AND PRICING

 

The Service is offered under two pricing methods:

 

    -   Payment per unit: each EPUB file processed is invoiced individually. Billing occurs at the time of each final download.

    -   Purchase of a bundle: acquisition of a credit allowing the processing of a predefined number of epub file downloads.

 

The applicable rates are those in effect at the time of use of the Service and are available at ………

 

The Company reserves the right to modify its rates at any time. Any rate changes will be notified to users and will apply to processing carried out after this notification.

 

6.  INTELLECTUAL PROPERTY

    6.1 Company Rights

 

The Company owns all intellectual property rights relating to the Service, including software, interfaces, trademarks, logos, and databases. No provision of these GTUs may be interpreted as transferring these rights to the user.

 

    6.2 User Rights and Responsibilities

 

The user declares and warrants that they hold all necessary intellectual property rights to the epub files they upload to the Service, or that they have obtained all required authorizations to modify them within the framework of the Service.

 

The Company does not carry out any verification of the rights held by the user on the processed files. The responsibility for this verification lies exclusively with the user.

 

In the event of a claim by a third party regarding the violation of intellectual property rights on a file processed through the Service, the user undertakes to indemnify and hold the Company harmless from any liability.

 

7.  USE OF ARTIFICIAL INTELLIGENCE

    7.1 Nature of AI Used

 

The Service uses an open-source artificial intelligence model to generate alternative description suggestions at the request of users. The Company reserves the right to modify, replace, or update the AI solutions used without notice.

 

    7.2 Guarantees Regarding Data Use

 

The Company guarantees that the data transmitted to the Service is not used to train artificial intelligence models.

 

    7.3 Quality of Generated Descriptions

 

The alternative descriptions generated by the AI are provided as a suggestion only. The responsibility for the quality, relevance, and accuracy of the final alternative descriptions rests entirely with the user.

 

8.  DATA PROCESSING

    8.1 Data Retention

 

The downloaded EPUB files and extracted images are stored on the Company's servers to allow processing by the Service. These files are kept until the user closes their account.

 

    8.2 Data Protection

 

The Company implements appropriate technical and organizational measures to protect the data processed by the Service against unauthorized access, modification, disclosure, or destruction.

 

    8.3 Confidentiality

 

The Company undertakes to maintain the confidentiality of the processed files and not to disclose them to third parties, unless legally obligated to do so.

 

9.  LIMITATION OF LIABILITY

 

The Company provides the Service "as is" and cannot guarantee that it will be error-free or uninterrupted. The Company cannot be held responsible for direct or indirect damages resulting from the use of the Service, including:

 

    -   Loss or alteration of data

    -   The inaccuracy of alternative descriptions generated by the AI

    -   The inadequacy of the Service to the specific needs of the user

    -   The consequences of using the Service in violation of the intellectual property rights of third parties

 

The total liability of the Company, for any reason whatsoever, is limited to the amount paid by the user for the use of the Service during the twelve (12) months preceding the event giving rise to liability.

 

10. TERMINATION

    10.1 Termination by the User

 

The user may terminate their access to the Service at any time by deleting their account. This termination does not result in any refund of sums already paid.

 

    10.2 Termination by the Company

 

The Company reserves the right to suspend or terminate a user's access to the Service, without notice or refund, in the event of:

 

    -   Violation of these GTUs

    -   Fraudulent or abusive use of the Service

    -   Non-payment of sums due

    -   Providing inaccurate or misleading information

 

11. GENERAL PROVISIONS

    11.1 Applicable Law

 

These GTUs are governed by the law of the Province of Quebec.

 

    11.2 Competent Jurisdiction

 

Any action, suit, or proceeding arising from these terms of use (whether for breach of contract, tortious conduct, or otherwise) shall be brought exclusively in the province of Quebec or in the federal courts, and you agree to submit to the jurisdiction of those courts for any action, suit, or proceeding arising from these terms of use.

 

    11.3 Severability

 

If a provision of these GTUs is found to be illegal, void, or unenforceable, the other provisions will remain in effect.

 

    11.4 Entire Agreement

 

These GTUs constitute the entire agreement between the user and the Company regarding the use of the Service and replace any prior agreement.

 

    11.5 Contact

 

For any questions regarding these GTUs, please contact the Company at the following address: contact@demarque.com.