Cette entente, ainsi que toutes les politiques et tous documents y étant rattachés, ont été rédigés en anglais selon la volonté expresse des parties, les parties reconnaissant avoir d’abord pris connaissance de sa version française disponible sur la page suivante de notre site internet: TERMES ET CONDITIONS
These terms and conditions (the “Terms”) govern your relationship with 9327-2920 QUÉBEC INC., doing business under the name Image Salon, a legal person incorporated under the Business Corporations Act (Quebec) (referred to in these Terms as “us”, “we”, or “our”), having its head office at 4710 Saint-Ambroise, Suite 400, Montreal, Quebec, H4C 2C7, Canada.
They apply to the imagesalon.com website (the “Website”), the client dashboard, and every service we provide (each a “Service”).
1. Structure of these Terms
These Terms are the umbrella. Each Service also has its own schedule, which forms part of these Terms:
Schedule A — Post-Production Services: culling, editing, retouching, PROFILE, Ai Profile Setup, and Find My Style.
Schedule B — Web Design Services: website design, build, hosting, and the associated subscription.
Where a schedule conflicts with these Terms, the schedule governs for that Service only. Our Privacy Policy and Cookie Notice are incorporated by reference; by accepting these Terms you confirm you have read both.
You accept these Terms by creating an account, placing an order, or otherwise using a Service. If you do not agree to them, in whole or in part, do not use the Website or the Services.
2. Who these Terms are for
The Services are provided to photography professionals and businesses. They are not intended for consumers. In these Terms, “you” refers both to you as an individual and to the entity you represent, and you confirm you have authority to bind that entity.
You must be at least 18 years old.
3. Accounts
When you create an account you must provide information that is accurate, complete, and current. Failure to do so is a breach of these Terms and may result in termination of your account.
You are responsible for safeguarding your password and for all activity under it. Do not disclose it to any third party. Notify us immediately if you become aware of any unauthorised use of your account.
Data exchanged between the Website and your browser is protected by encryption in transit (TLS 1.2, AES-256, or equivalent). We will make commercially reasonable efforts to ensure that data exchanged between you and the Website is not intercepted or altered fraudulently.
4. Purchases and payment
If you purchase a Service, you may be asked to supply information relevant to that purchase, including your payment card number, expiry date, and billing address.
You represent and warrant that (i) you have the legal right to use any payment method you use, and (ii) the information you supply is true, correct, and complete. By submitting it you grant us the right to provide that information to third parties for the purpose of completing the transaction.
Payments are processed by an external platform — Stripe or PayPal — which accepts Mastercard, Visa, and American Express. Card details are handled by that platform and are not stored on our servers. Your use of that platform is subject to its own terms.
Prices are those shown on the purchase order or, for subscriptions, in the applicable schedule. We reserve the right to refuse or cancel an order where a Service is unavailable, where the description or price was displayed in error, where the order contains an error, or where we suspect fraud or an unauthorised transaction.
Prices are denominated in CAD for the Canadian market and USD for the United States market, using the same numerical amount rather than live exchange-rate conversion. Clients outside Canada and the United States are billed as the United States market, in USD, here and in every schedule. The currency must be shown beside every amount before you approve a purchase. The Platform billing system determines and discloses applicable tax at checkout. The prices for the Service are those indicated on the Purchase order.
Refund terms differ by Service and are set out in the applicable schedule.
5. Your content
The Services allow you to upload, and have us modify, photographic material, text, logos, and other material. They also let you write and publish material yourself, through your website toolbar and admin access. All of it is your “Content”, however it reached us: what you sent at the start, what you have sent since, and what you wrote in the tools we gave you.
You are responsible for your Content, including its legality and appropriateness. You represent and warrant that (i) you own the copyright in your Content or otherwise have the right to use it and to grant the licences in these Terms, and (ii) making it available through the Services does not violate the privacy, publicity, contract, or intellectual property rights of any person.
You retain all rights in your Content. The licence you grant us differs by Service and is set out in the applicable schedule. Nothing in these Terms transfers ownership of your Content to us.
What we deliver to you from post-production is yours too. Your edited images, and the catalogs, settings or XMP files, and presets we deliver with them, including a Find My Style preset pack, belong to you. You may use them for any purpose, including to train an editing profile or model in any software. Section 7 does not apply to them.
If we think your Content would be useful for our own marketing, we will ask for your approval on a per-order basis, which you may refuse at your discretion.
We reserve the right to block or remove material we determine to be illegal, abusive, defamatory, obscene, fraudulent, deceptive, misleading, or infringing.
Material you send us before you subscribe
Our onboarding asks for photographs, brand material, and answers to questions before there is any subscription in place. That material is Content and it is yours.
We use it to prepare for your build, and to build if you go ahead. If you do not go ahead:
we keep it for three (3) months, so you can pick up where you left off;
we do not use it to develop or train models; and
we delete it at any point you ask us to.
Drafts and unfinished work in your account
Your account holds work you have started and not sent: part-completed orders, saved requests, unsent messages, and, for Web Design clients, unpublished material on your website. It is yours. We do not act on it or publish it until you send or publish it.
Our team can see it, because it sits in the systems we run and support, and we may need to in order to help you with it. It stays available for as long as your account is open and is deleted with your account, subject to the backups described in our Privacy Policy. Drafts on your website are dealt with in Schedule B, section 12.
6. Acceptable use
You may not use the Services or the Website: (a) for any unlawful purpose; (b) to induce or participate in unlawful acts by third parties; (c) to violate any law, rule, or regulation; (d) to infringe our intellectual property rights or those of third parties; or (e) for obscene or immoral purposes.
You also may not: (f) scrape, crawl, harvest, or use any automated means to extract material from the Website, the client dashboard, a preview, or any website we build or host; (g) reverse engineer, decompile, or disassemble any part of the Services, or attempt to derive their source code, design system, or underlying structure; or (h) use the Website, the Services, or anything we produce for you to develop or train any model, tool, or service, or to build or assist in building a competing or substantially similar service.
Limbs (f) to (h) do not restrict your own Content, including copying it from a website we host for you, or the post-production deliverables that section 5 says are yours.
We may suspend or prevent your use of the Services if you fail to comply with these Terms. If we disable your account you may lose access to the Services, your account details, and any files held in your account. Any right to a content export under the applicable schedule continues.
7. Our intellectual property
The Website, the Services, and all content we generate — including text, images, graphics, design work, and software code — are our property and are protected by copyright, trademark, and other intellectual property rights. This does not include your Content or the post-production deliverables that section 5 says are yours.
You may display, download, or print portions of this material only in connection with using a Service or placing an order. Any other use is prohibited. These Terms do not grant you a licence to use any Image Salon trademark. Do not remove or alter any proprietary notices.
Copying or recreating our design and code is prohibited
This restriction applies to everything we design, build, or run, including the Website, the client dashboard and website toolbar, our design system, templates, and component library, any design direction, concept, mock-up, or preview we show you, any website we build or host for you, and any website we build or host for another client.
Whether or not you hold an account, place an order, subscribe, or go on to subscribe, and both during and after any relationship with us, you may not, yourself or through any employee, contractor, developer, agency, or other third party:
copy, export, scrape, download, decompile, or otherwise reproduce the design, layout, markup, styling, or code of that material;
rebuild or recreate it — including by working from screenshots, recordings, exported files, or a saved copy of the pages — on another platform, website builder, theme, template, or hosting service;
use it as the basis of a derivative design, or as reference or input material for any design tool or model; or
instruct or engage any person to do any of the above.
This does not restrict your own Content. Your photographs, logo, text, and other material remain yours under section 5, and you may use them anywhere, including on a website built by someone else. It also does not restrict you from describing your preferences, requirements, or taste to another supplier in your own words. What you may not take is our design and our code.
Where we believe this section has been breached we will pursue the matter to the full extent available under copyright and other applicable law, including injunctive relief, delivery-up, an account of profits, and damages. A schedule may add to this section for a particular Service, and Schedule B, section 9 does so for the Web Design Service; no schedule narrows it.
8. Availability, errors, and inaccuracies
We update the Services from time to time. We do not guarantee the accuracy or completeness of any information on the Website, including prices, images, specifications, availability, and service descriptions, and we may correct errors or omissions at any time without notice.
Support and response times
Our support hours are Monday to Friday, 10am to 6pm Eastern time (Montreal), excluding Quebec statutory holidays. The support page shows any change to them.
An urgent request means a production outage, a security or privacy concern, or a delivery-blocking file or access failure near a committed deadline. A request for new work or an ordinary content, design, billing, or account change is not urgent merely because it is important to you.
These are initial-response targets, not guarantees or resolution times. We triage first and then provide a resolution estimate where we can. We do not guarantee when a request will be completed or resolved, and a target we do not meet is not a breach of these Terms. Where a schedule states a specific time, that schedule governs.
9. Third-party links
The Website may link to third-party sites or services we do not control. We assume no responsibility for their content, privacy policies, or practices, and are not liable for any loss caused by your use of or reliance on them. We recommend you read their terms and privacy policies.
10. Promotions
Contests, sweepstakes, and other promotions may be governed by separate rules. Where those rules conflict with these Terms, the promotion rules apply.
11. Indemnification
You agree to indemnify and hold harmless 9327-2920 Québec inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from any claims, damages, losses, obligations, costs (including reasonable legal fees), actions, or demands arising from (a) any breach of your obligations under these Terms, (b) any Content you upload, or (c) any negligent or illegal conduct by you or any person accessing the Services through your account.
12. Limitation of liability
9327-2920 QUÉBEC INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT LOSS OR DAMAGE (INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES UNDER ANY LEGAL THEORY, AND INCLUDING WITHOUT LIMITATION ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM (A) YOUR ACCESS TO OR USE OF THE SERVICES; (B) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES; OR (D) UNAUTHORISED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
NOTWITHSTANDING ANY DAMAGES YOU MIGHT INCUR, OUR ENTIRE LIABILITY AND ANY OF OUR SUPPLIERS’ LIABILITY UNDER ANY PROVISION OF THESE TERMS, AND YOUR EXCLUSIVE REMEDY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Disclaimer
9327-2920 QUÉBEC INC. MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND ASSOCIATED TECHNOLOGY. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ALL ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER MALWARE; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
14. Term and termination
These Terms remain in effect until terminated by you or by us.
We may terminate or suspend access to the Services immediately, without notice or liability, if you breach these Terms. Termination rights specific to a subscription are set out in the applicable schedule.
All provisions that by their nature should survive termination do survive it, including ownership provisions, the restrictions on copying or recreating our design and code in section 7, warranty disclaimers, indemnity, and limitations of liability. On termination your right to use the Services ceases immediately.
We may also terminate a Service without liability at any time on two (2) days’ notice, at our sole discretion. Where we do so during a paid subscription period, we will refund the unused portion. For the Web Design Service the notice is fourteen (14) days instead (Schedule B, section 15).
15. General
Governing law. These Terms are governed exclusively by the laws applicable in the Province of Quebec, without reference to conflict of laws provisions. Any dispute arising from them shall be decided exclusively by the courts of the Province of Quebec.
Changes. We may change these Terms (i) to reflect changes to a Service or how we do business, (ii) for legal, regulatory, or security reasons, or (iii) to prevent abuse or harm. If we materially change them during an active subscription or an order in progress, we will give you reasonable advance notice and the opportunity to review; if you do not agree, you may cancel. Any amount the applicable schedule says falls due on cancellation, such as unpaid Designer add-on or PROFILE instalments, still falls due. Read the Terms each time you place a new order, as they may change between orders.
No waiver. If you breach these Terms and we do not act immediately, or at all, we remain entitled to all rights and remedies at any later date.
Force majeure. We are not responsible for any breach of these Terms caused by circumstances beyond our control, including any cyber security incident limiting our ability to provide a Service in a timely fashion.
No third-party rights. A person who is not a party to these Terms has no rights of enforcement. You may not assign, sub-license, or otherwise transfer your rights under these Terms.
Modifications. No modification or waiver of these Terms, for you specifically or in general, binds us unless published on the Website or signed by an officer of 9327-2920 Québec inc.
Language. These Terms, and all related policies and documents, have been written in English at the express wish of the parties, the parties acknowledging having first read the French version available on our website.
Cette entente, ainsi que toutes les politiques et tous documents y étant rattachés, ont été rédigés en anglais selon la volonté expresse des parties, les parties reconnaissant avoir d’abord pris connaissance de sa version française disponible sur notre site internet.
16. Contact
Email: info@imagesalon.com
Phone: 1 888 351-6731