Terms and Conditions

Preamble

These terms and conditions (the "Agreement") govern access to and use of the Snow Guardians website and participation in the Snow Guardians certification program and contractor directory (together, the "Service"), operated by 9263-7040 Québec Inc., doing business as FolloSoft (the "Operator").

By accessing or using the Service — whether to browse the directory, submit a quote request, or apply to and participate in the program as a contractor — you (the "User") acknowledge that you have read, understood, and agreed to be bound by this Agreement, together with the Operator's Privacy Policy, which forms an integral part of it. The Operator may modify this Agreement in accordance with the section titled "Amendments"; continued use of the Service after notice of a modification constitutes acceptance of the amended terms. If you do not agree to all the terms and conditions herein (including any future modifications), you must not access or use the Service.

1. Definitions

The following definitions apply throughout this Agreement and shall have the same meaning whether used in the singular or plural:

• Agreement: These terms and conditions and any documents incorporated by reference, including the Privacy Policy.
• Operator: 9263-7040 Québec Inc., doing business as FolloSoft, which operates the Snow Guardians program.
• Program: The Snow Guardians certification program (in French, Gardiens de la neige), including its verification, accreditation and certification tiers and the related criteria and audits.
• Site: The Snow Guardians websites, including snow-guardians.com and gardiensdelaneige.com and their associated domains.
• Directory: The public listing of Contractors published on the Site.
• Contractor: A snow-removal business that applies to or participates in the Program and holds a profile in the Directory.
• Homeowner: A person using the Site to find a Contractor or to submit a Quote Request.
• User: Any person or entity accessing or using the Service, including Homeowners and Contractors.
• Badge: The Snow Guardians marks, seals and tier designations (such as Verified, Accredited or Certified) made available to Contractors under this Agreement.
• Quote Request: A request for a service quote submitted by a Homeowner through the Site and relayed to one or more Contractors.
• User Content: Any information, documentation, media, files, or data uploaded, submitted, or otherwise made available through the Service by a User, including Contractor profile content.
• Third-Party Services: Any services, software, applications, websites, platforms, content, tools, or data sources provided by entities other than the Operator, including the services performed by Contractors.

2. The Service

The Service consists of a public directory of snow-removal contractors and a certification program that evaluates participating businesses against published criteria. Browsing the Directory and submitting Quote Requests is free of charge for Homeowners.

The Operator is a software company, not a snow-removal business. The Operator is not a party to any contract between a Homeowner and a Contractor, does not perform, supervise or guarantee any snow-removal work, and acts neither as an agent nor as a broker for either party. Any agreement for services, including its price, scope, schedule and performance, is concluded directly and exclusively between the Homeowner and the Contractor.

3. Certification Is Not an Endorsement or Guarantee

The Program's tiers reflect checks performed on documents and information provided by the Contractor at the time of evaluation — such as proof of insurance, licences and registrations — according to the criteria published on the Site. Those checks are periodic, not continuous; a Contractor's situation may change between evaluations.

A listing, tier or Badge is therefore not a guarantee of the quality, safety, legality, availability or price of any Contractor's services, and does not constitute an endorsement or recommendation. Homeowners remain responsible for their own due diligence, including verifying current insurance and credentials and entering into a written contract with the Contractor of their choice.

4. Quote Requests

When a Homeowner submits a Quote Request, the information it contains is relayed to the participating Contractor or Contractors whose service area matches the address provided, as described in the Privacy Policy, so that they can respond directly.

The Operator does not guarantee that any Contractor will respond to a Quote Request, be available, or offer any particular price. A Quote Request creates no obligation on the Homeowner to retain any Contractor, and no obligation on any Contractor to provide services. Users agree to submit only genuine Quote Requests containing accurate information.

5. Contractor Accounts and Applications

A Contractor applying to the Program must provide information that is accurate, current and complete, and keep it so for the duration of its participation, including notifying the Operator without delay if its insurance coverage, licences or other qualifying credentials lapse or materially change. The Operator may verify any information submitted and may refuse an application at its discretion.

Login credentials are personal, confidential, and for the exclusive use of the Contractor and the persons it authorizes under its account. The Contractor is responsible for maintaining the confidentiality of its credentials and for all activity conducted under its account, and must notify the Operator immediately of any unauthorized access or use.

6. Certification and Badge Use

Certification tiers are granted, renewed, suspended and revoked by the Operator based on the Program criteria in effect, which are published on the Site and may evolve. The Operator may re-evaluate a Contractor at any time, and may suspend or revoke a tier or listing where criteria are no longer met, where submitted information proves inaccurate, or where the Contractor's conduct harms the integrity of the Program.

A Contractor may display its Badge only while its corresponding tier is active, only in the form provided by the Operator, and only in connection with the business that earned it. Misrepresenting a tier, displaying a Badge after suspension or revocation, altering a Badge, or using the Program's marks in any other unauthorized way is prohibited and may result in removal from the Program in addition to any other available remedies.

7. User Content

To the extent a User uploads, submits, or otherwise makes available User Content — including profile descriptions, photos and logos — the User represents, warrants, and agrees that:

• All User Content is free from viruses, malware, disabling code, and any other harmful elements;
• No User Content is unlawful, misleading, offensive, defamatory, obscene, or otherwise objectionable;
• The User owns or has all necessary rights, licenses, and consents to submit and use such User Content and to grant the rights specified herein;
• The User Content does not infringe the intellectual property rights, privacy rights, or any other legal rights of any third party;
• The User grants the Operator a limited, non-exclusive, royalty-free, worldwide license to host, store, display, reproduce and use the User Content solely for the purpose of providing and operating the Service, including displaying Contractor profiles in the Directory.

The Operator may remove or decline to publish any User Content at its discretion. User Content is handled in accordance with the Privacy Policy.

8. Acceptable Use

The User shall not, and shall not permit or assist any third party to:

• Submit false, misleading or fraudulent information, including fake Quote Requests or misrepresented credentials;
• Copy, scrape, harvest, or systematically extract data from the Site or the Directory, whether manually or by automated means;
• Circumvent or attempt to circumvent any technical limitations, access restrictions, authentication mechanisms, or anti-abuse measures of the Site;
• Reverse engineer, decompile, disassemble, modify, adapt, or attempt to derive source code from the Site;
• Use the Service to create a competing directory, program or service, or otherwise use it in a manner that competes with the Operator;
• Engage in any activity that degrades, disrupts, interferes with, or compromises the Service or the experience of other Users;
• Upload, transmit, or introduce into the Service any malicious code, malware, disabling code, or harmful content;
• Impersonate any person or entity, or misrepresent an affiliation with any person or entity;
• Breach any applicable laws, rules, or regulations, or infringe on the intellectual property, privacy, publicity, or other rights of any third party;
• Use the Service for any purpose not expressly authorized under this Agreement.

9. Intellectual Property

The Site, the Program and all related materials — including the Snow Guardians and Gardiens de la neige names, logos, Badges, designs, text, graphics, software and documentation — are and shall remain the sole and exclusive property of the Operator and/or its licensors, and are protected by intellectual property laws.

Subject to compliance with this Agreement, the Operator grants the User a personal, revocable, limited, non-exclusive, non-transferable licence to access and use the Site for its intended purpose. Nothing in this Agreement transfers any ownership rights to the User; except for this limited licence and the Badge rights expressly set out in Section 6, no other rights are granted, whether by implication, estoppel, or otherwise.

10. Third-Party Services and Links

The Service may include links, integrations, or access to Third-Party Services — including Contractor websites, phone numbers and the services Contractors perform — that are not owned, operated, or controlled by the Operator. These are provided solely for the convenience of the User.

The User acknowledges and agrees that:

• The Operator makes no representation, warranty, or endorsement of any kind regarding such Third-Party Services, including their accuracy, availability, reliability, legality, or security;
• Access to and use of any Third-Party Services is entirely at the User's own risk and subject to the terms and privacy practices of such third parties;
• The Operator shall have no responsibility or liability whatsoever arising from or related to the User's dealings with Third-Party Services, including any loss, damage, or other harm of any kind incurred as a result;
• Any issues, disputes, or claims arising in connection with Third-Party Services — including disputes between a Homeowner and a Contractor — shall be resolved solely between the User and the relevant third party, and the User agrees not to involve the Operator in any such disputes.

11. Privacy

The Operator's practices regarding the collection, use, retention, disclosure, and protection of personal information — including how Quote Requests are relayed to Contractors — are described in its Privacy Policy, which forms an integral part of this Agreement. By using the Service, the User acknowledges having read and agreed to the terms of the Privacy Policy, as amended from time to time.

Contractors are solely responsible for ensuring that they have the necessary rights, authorizations, and consents to collect and process any personal information they receive through the Service, including the contents of Quote Requests.

12. Warranty Disclaimer

The Service is provided on an "as is", "as available", and "with all faults" basis. To the fullest extent permitted by applicable law, the Operator makes no representations, warranties, or conditions, express, implied, statutory, or otherwise, regarding the Service, including but not limited to any implied warranties or conditions of:

• merchantability;
• fitness for a particular purpose;
• title or non-infringement;
• availability, accuracy, completeness, usefulness, reliability, or timeliness of the Directory or of any Contractor information;
• uninterrupted or error-free operation;
• or that defects will be corrected.

Without limiting the foregoing, the Operator does not warrant the quality, safety, legality or results of any services performed by a Contractor. Verification performed under the Program is limited to the documents and information provided at the time of review, as described in Section 3.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights. To the extent that applicable law prohibits such exclusions or limitations, they shall not apply, and this clause shall be construed to limit the Operator's liability only to the maximum extent permissible by applicable law.

13. Limitations on Liability

The entire risk as to the use of the Service rests solely with the User. The User expressly acknowledges that use of the Service is at their own risk and that the Operator does not guarantee that the Service will operate without interruption or error, nor the results that may be obtained from its use.

The Operator, its affiliates, licensors, suppliers, subcontractors, employees, shareholders, administrators or representatives, as well as any person involved in the creation, production, supply, or distribution of the Service, cannot be held liable for any damages, direct or indirect, incidental, consequential, special, punitive, exemplary, or otherwise — including without limitation loss of revenue, loss of profit, loss of opportunity, loss of goodwill, loss of data, business interruption, property damage, bodily injury, or cost of replacement services — whether arising in contract, tort, strict liability, equity or otherwise, even if advised of the possibility of such damages and even if such damages are foreseeable, including any damages arising from:

• The acts, errors, omissions, or workmanship of any Contractor, or any failure by a Contractor to perform, complete, or properly perform services;
• Any dispute between a Homeowner and a Contractor, including over pricing, scheduling, or the condition of a property;
• Any inaccuracy in Directory or certification information, including a change in a Contractor's situation after its last evaluation;
• Interruption, unavailability, or malfunction of the Site, loss or destruction of data, or unauthorized access to communications.

If the User is dissatisfied with the Service or with any of its terms and conditions, the sole and exclusive remedy is to discontinue using the Service. The User acknowledges and agrees that the limitations and exclusions of liability set out in this section constitute an essential basis of the bargain between the parties and shall continue to apply even upon termination or expiry of this Agreement.

14. Indemnification

The User agrees to indemnify, defend, and hold harmless the Operator, its affiliates, officers, directors, employees, agents, licensors, service providers, and subcontractors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:

• Any breach of this Agreement by the User;
• Any User Content submitted, uploaded, stored, processed, or transmitted through the Service, including claims of intellectual property infringement, defamation, invasion of privacy, or violation of applicable laws;
• Any violation by the User of applicable laws, rules, regulations, or third-party rights;
• In the case of a Contractor, any services performed for, or dispute with, a Homeowner or any other third party, and any use of the Badge or of the Program's marks;
• Any misrepresentation, negligence, gross negligence, or willful misconduct on the part of the User or its employees, contractors, or representatives.

The User shall not settle any claim subject to indemnification under this section without the prior written consent of the Operator, which shall not be unreasonably withheld. The Operator reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and the User agrees to cooperate fully with the Operator in the defense of any such claim.

15. Suspension and Termination

The Operator may, in its sole discretion and without prior notice, suspend, limit, or terminate a User's access to the Service, remove a listing from the Directory, or suspend or revoke a certification tier, if the User breaches this Agreement, provides inaccurate information, no longer meets the Program criteria, misuses the Service, or conducts itself in a manner that harms the integrity of the Program or the Operator's ability to deliver the Service. The Operator shall have no liability to the User or any third party for any such suspension or termination, without prejudice to any other rights or remedies available to it.

A Contractor may withdraw from the Program at any time by written notice to the Operator. Upon withdrawal, suspension or termination, the Contractor's right to display the Badge ceases immediately and its profile may be removed from the Directory. Personal information is then handled in accordance with the Privacy Policy.

16. Amendments

The Operator reserves the right to modify the terms of this Agreement, the Privacy Policy, or the Program criteria at any time, at its sole discretion. The current version of this Agreement, along with its last-updated date, is always published on this page; where a modification is material, the Operator may also give notice by email or through the Service. Continued use of the Service following such publication or notice constitutes acceptance of the amended terms.

17. Entire Agreement

This Agreement, including any documents expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, proposals, communications, understandings, or representations — whether oral or written — relating to its subject matter. In the event of any conflict between a clause and its heading, the heading shall be deemed to have no interpretive effect.

18. Cumulative Rights

All rights, remedies, and powers of the Operator under this Agreement are cumulative and not alternative, and the exercise of one does not preclude the exercise of any others.

19. Waiver

No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of such right or remedy or preclude any further or future exercise thereof.

20. Interpretation

Headings are for convenience only and do not affect interpretation. Each provision of this Agreement shall be interpreted fairly and not strictly for or against either party.

21. Severability

If any provision of this Agreement is found to be invalid, unenforceable, or contrary to law by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

22. Assignment and Transfer

This Agreement binds the parties and their respective successors, heirs, executors, legal representatives, administrators, and permitted assigns. The User may not assign, transfer, delegate, or otherwise dispose of any of its rights or obligations under this Agreement without the prior written consent of the Operator. Any unauthorized assignment shall be null and void.

23. Use of Commercial Identity

Publishing a Contractor's business name, logo and profile in the Directory is the object of the Program. In addition, the Operator may make general reference to a Contractor's participation in the Program for promotional or marketing purposes, including in proposals, presentations, and other commercial materials, unless the Contractor provides written notice objecting to such use beyond its Directory listing.

24. Notices

All notices or other communications required or permitted under this Agreement must be in writing and delivered by email to support@follosoft.com with confirmation of receipt.

25. Governing Law and Jurisdiction

This Agreement shall be governed by and construed exclusively in accordance with the laws of the Province of Québec, without regard to conflict of law principles. The parties irrevocably agree that any dispute, claim, or controversy arising out of or relating to this Agreement, including its interpretation, validity, performance, or termination, shall be submitted to the exclusive jurisdiction of the competent courts sitting in the judicial district of Laval or Montreal, Province of Québec. The parties expressly waive any objection based on lack of jurisdiction or forum non conveniens.

26. Reservation of Rights

All rights not expressly granted to the User under this Agreement are reserved by the Operator.

27. Survival of Rights

Notwithstanding the termination or expiration of this Agreement for any reason, any provision of this Agreement which by its nature should survive termination shall so survive. These provisions shall remain in full force and effect and shall continue to bind the parties in accordance with their respective terms.

28. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations attributable to an event of force majeure within the meaning of the Civil Code of Québec, including without limitation natural disasters, fires, floods, pandemics, labour disputes, failures of electrical or telecommunications networks, acts of government, or cyberattacks. The affected party must notify the other party within a reasonable time and use commercially reasonable efforts to resume performance of its obligations.