Ocelot – Espace de vente

End-User License Agreement

Effective Date: December 2, 2025

This End-User License Agreement (Agreement) is between the business or individual accepting this Agreement (this business or individual being you) and ProgExpert Inc. (Developer/App Provider). This Agreement is solely between you and ProgExpert Inc., and governs your use of ProgExpert’s software application and the corresponding services it provides (together, along with the associated documentation, proprietary, or intellectual property: the App). Review this Agreement completely. You agree to be bound by the terms of this Agreement when you click "Accept" or otherwise download, install, copy, or use the App, and must accept this Agreement before doing so. If you do not agree to the terms of this Agreement, you must click "Decline" and must not download, install, copy or use the App.

The App

1.1 The App provides you with the ability to manage in-store sales integrated with Clover POS, manage product catalogs and pricing, track inventory and stock movements, manage customer profiles and loyalty information (when applicable), assign staff permissions, and generate operational and sales reports.

1.2 Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term of this Agreement to use the App solely for your internal business purposes. You may not distribute, lease, rent, sublicense, transfer, sell, reverse engineer, modify, copy, or create derivative works from the App. All rights not expressly granted remain with Developer.

1.3 The App may update automatically. Developer may perform maintenance that could cause interruptions. You are responsible for obtaining the equipment and Internet connectivity required to use the App.
Fees
You will pay a monthly fee automatically through the payment method selected during setup. You are responsible for all taxes except those based on Developer’s income. Billing errors must be reported within 120 days.
Term

This Agreement begins when you accept or use the App and continues month-to-month until terminated.
Suspension and Termination

4.1 Developer may suspend or terminate your access if you violate this Agreement, misuse the App, exceed normal usage, cause reputational harm, engage in fraud, or if Developer loses access to required third-party services.

4.2 You may terminate at any time by providing notice. Termination takes effect at the end of the current billing cycle. No refunds are issued for partial periods.
Confidentiality, Data, and Ideas

5.1 Both parties agree not to disclose the other’s confidential information and will maintain reasonable safeguards.

5.2 Confidential Information may be disclosed only to necessary personnel, under court order, or as required by law.

5.3 Developer may use data obtained through the App to provide its services, improve the App, or in aggregated and anonymized form. Developer’s privacy policy is available at: https://progexpert.com/ocelot-politique-de-confidentialite

5.4 You may submit ideas or suggestions. Ideas are not confidential, provide no rights or compensation, and may be used freely by Developer.
Account

You must register for an account and provide accurate information. You are responsible for safeguarding your credentials and for any unauthorized access through your systems. You must notify Developer of any security breach. You are responsible for backing up your data.
Risk Allocation

7.1 The App is provided "as is." Developer disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

7.2 You will indemnify Developer against third-party claims resulting from your misuse of the App or your breach of this Agreement.

7.3 Developer is not liable for lost profits, indirect damages, or consequential damages.

7.4 Developer’s total liability will not exceed the fees you paid in the three months prior to the event giving rise to the claim.
Communications
You authorize Developer to contact you using the information you provide. You are responsible for any communication charges imposed by your provider.
Compliance with Privacy Laws
9.1 Developer will only process personal information on behalf of the Customer and will not “sell” data as defined by applicable laws.

9.2 Developer will not use or disclose personal information for its own purposes.

9.3 Developer will limit use of personal information to what is necessary to provide the services.
Data Subject Rights
10.1 Developer will assist Customer in responding to privacy rights requests.

10.2 If Developer receives a request directly from an end-user, it will redirect the request to Customer.

10.3 Developer will notify Customer of any privacy-related complaints received.
General
11.1 You represent that you are authorized to enter this Agreement.

11.2 Developer may modify this Agreement and will notify you through the App or electronically. Continued use constitutes acceptance.

11.3 Both parties will comply with applicable laws and will not use the App to store or transmit unlawful or harmful content.

11.4 This Agreement is governed by the laws of the Province of Québec and the federal laws of Canada. Venue is Québec City. Jury trial waivers apply to the extent permitted by law.

11.5 This is the entire agreement. Invalid sections do not affect the remainder. Developer’s failure to exercise rights does not constitute a waiver. Both parties remain independent contractors.

11.6 You may not assign this Agreement without Developer’s consent. Developer may assign without notice.

11.7 You may contact Developer at:

ProgExpert Inc.
905, rue de Nemours, Bureau 215
Québec (QC) G1H 6Z5
Canada
Phone: 1-418-476-7886
Email: info@progexpert.com