Terms of Service

Last updated: March 30, 2026

These Terms of Service (“Terms”) govern your use of the website and services provided by Xerxes Systems Inc. (“we,” “us,” “our”). By accessing or using our services, you agree to be bound by these Terms.

1. Description of Service

Xerxes Systems provides an AI-powered business automation platform, including Mon Espace (a bilingual client portal), document management, communication tools, financial calculators, and related services (“Services”). Some features may be offered as beta or early-access releases.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization.

3. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose.
• Attempt to gain unauthorized access to any part of the Services.
• Interfere with or disrupt the integrity or performance of the Services.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Use automated tools to scrape or extract data without express written consent.
• Upload malicious files, viruses, or harmful code.
• Use the Services to store or process information that violates applicable laws.

4. Intellectual Property

All content, software, designs, and technology comprising the Services are the exclusive property of Xerxes Systems Inc. or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Services in accordance with these Terms. This licence terminates upon expiry or termination of your subscription.

5. Personal Information Processing and Security

Data controller vs. processor

• When we collect information for our own purposes (e.g., your account details), we act as data controller.
• When you upload personal information to Mon Espace for your professional services, you act as data controller and we act as data processor.

Our processing obligations

When processing personal information on your behalf, we:

1. Process personal information only for purposes specified in our agreement.
2. Implement industry-standard technical and organizational security measures.
3. Restrict access to authorized personnel only.
4. Do not use personal information for our own purposes.
5. Do not retain personal information longer than necessary.
6. Comply with PIPEDA, Quebec Law 25, and CASL.
7. Notify you promptly of any security incidents involving your data.

Data Processing Agreement

Upon request, Xerxes Systems Inc. will execute a written Data Processing Agreement (DPA) that complies with Law 25 and PIPEDA requirements.

Security measures

• Encryption of data in transit (TLS) and at rest.
• Access controls and authentication.
• Regular security assessments.
• Secure backup and recovery procedures.
• Incident response and breach notification procedures.

Your responsibilities

You are responsible for:

• The accuracy and legality of personal information you upload.
• Obtaining necessary consents from individuals whose information you process.
• Maintaining strong passwords and access credentials.
• Maintaining backups of critical documents.
• Promptly notifying us of suspected security breaches.

6. Privacy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect personal information.

7. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

AI-generated outputs

• Not professional advice. AI-generated outputs (summaries, suggestions, analyses) are for informational purposes only. They are not professional, legal, financial, tax, or accounting advice.
• No accuracy guarantee. We do not warrant that AI outputs are accurate, complete, current, or error-free.
• Your responsibility. You must have qualified professionals review AI outputs before using them in business decisions.

Service availability

• We do not guarantee uninterrupted or error-free service.
• During beta or early-access releases, we make no guarantees regarding performance, data retention, or future availability.

Document upload

• While we implement industry-standard security, we do not guarantee that uploaded documents will be free from unauthorized access.
• You are solely responsible for maintaining backups of critical documents.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Xerxes Systems Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

Total liability cap: Our total liability for all claims shall not exceed the fees paid by you in the 12 months preceding the claim.

Exceptions: These limitations do not apply to:

• Death or personal injury caused by our negligence.
• Fraud or willful misconduct.
• Liability that cannot be excluded under applicable law.

This clause is interpreted in accordance with Quebec’s Civil Code. If any limitation is found unenforceable, it will be reformed to the maximum extent permitted.

9. Termination and Data Deletion

Termination by us

• With cause: For violation of these Terms, security breaches, or illegal activity — immediately.
• Without cause: With 30 days’ written notice to your registered email.

Termination by you

You may terminate your account at any time by contacting legal@xerxessystems.com.

Effect of termination

• Your access to the Services ceases immediately.
• You remain liable for any outstanding fees.
• We will delete your personal information within 60 days, except information required by law (tax records: 7 years) or related to pending disputes.
• Backup copies are deleted within 90 days.

Data export

Upon termination, you may request a copy of your data in machine-readable format (CSV, JSON). We will provide this within 30 days at no cost. You are responsible for downloading your data before account deletion.

Survival

Sections 3 (Acceptable Use), 4 (IP), 7 (Warranties), 8 (Liability), 10 (Governing Law), and any indemnification obligations survive termination.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.

You and Xerxes Systems Inc. consent to the exclusive jurisdiction of the courts of the Province of Quebec, District of Montreal, for any disputes arising from these Terms.

Privacy and data protection disputes may also be brought before the Commission d’accès à l’information du Québec (CAI) or the Office of the Privacy Commissioner of Canada.

Before initiating formal proceedings, we encourage you to contact legal@xerxessystems.com to attempt informal resolution within 30 days.

11. Changes to These Terms

We may modify these Terms from time to time. For material changes (privacy practices, liability, fees, your obligations), we will:

1. Post the updated Terms with a new “Last updated” date.
2. Send you written notice by email at least 30 days before the change takes effect.

If you do not accept the changes, you may terminate your account before they take effect. Continued use after the notice period constitutes acceptance.

12. Contact Us

Xerxes Systems Inc.
Email: legal@xerxessystems.com