Terms of Use

These terms of use (the "Terms") govern access to and use of the website and the pre-payroll and scheduling platform operated by Clic Horaire inc. ("Clic Horaire", "we"). By accessing the site or using our services, you agree to be bound by these Terms as well as our Privacy Policy.

If you use our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Clic Horaire provides a software platform for configuring labour decrees and standards (CCQ, CPEEP, LNT, CNESST, among others), managing schedules and geolocated time tracking, generating a forensic audit trail, and exporting data to third-party payroll software (Nethris, Employeur D). The service is provided "as is" and may evolve over time.

• You must be at least 18 years old and have the legal capacity to contract in order to create an account.
• You are responsible for the confidentiality of your credentials and for any activity carried out under your account.
• You agree to provide accurate and up-to-date information when creating and managing your account.

Access to certain features is offered as a paid subscription, on the terms described on the Pricing page at the time of purchase and in Section 5 of these Terms. Unless stated otherwise, fees are billed in advance and are non-refundable. A trial period may be offered at our discretion; it ends automatically on the stated date unless cancelled beforehand.

We reserve the right to change our pricing with reasonable notice, which will not apply retroactively to a period already billed.

5.1 Pay-for-what-you-use billing. The Service is billed on a recurring monthly basis. The invoice includes a fixed monthly Service access fee (the LNT base), payable per account whatever its size, plus a variable amount calculated according to the number of Active Users recorded in the account during the current billing cycle and, where applicable, the flat price of any optional sector compliance modules subscribed to. Employee, Supervisor and Administrator profiles are subject to billing, at the same rate; the rate per Active User is degressive and applied through marginal brackets, in the manner of income tax bands: each Active User is billed at the rate of the bracket they fall into, rather than all Active Users at a single band's rate. The same person (the same login account) enrolled in several Organizations of the account counts as ONE (1) SINGLE Active User per cycle, whichever Organization their activity took place in; only records without a login account, which no identifier can link from one Organization to another, are counted per Organization. The account holder (the first Administrator, who manages billing) is never billed for their own seat. The number of Administrator profiles is not limited. Compliance modules are billed at a flat price per account, regardless of the number of Active Users and regardless of how many Organizations are attached to it. No implementation, installation or configuration fees are charged, and no minimum billing amount applies.

5.2 Definition of an Active User. The rule fits in one sentence: ANY WRITE MAKES A USER ACTIVE; VIEWING IS ALWAYS FREE. An "Active User" for a given monthly billing cycle means any employee, staff member, supervisor or subcontractor profile registered in the Organization for which at least one (1) of the following actions or conditions is recorded during that cycle:

• Schedule planning: one or more shifts were created or assigned for that profile in the scheduling module, or an absence (leave, sick day, vacation) was recorded there, whether the profile is the subject or the author: being scheduled makes a user active, and scheduling others does too;
• Time recording: at least one clock-in/clock-out punch (GPS, mobile time clock) or timesheet was generated, edited or submitted for that profile;
• Any other write performed from that profile in a module of the Service, as recorded in the audit trail: filing or distributing a document, an electronic signature, a leave request, availability entered, a shift swap or release, an application for a posted shift, the creation or modification of a record, project or client, the generation of an export or report, or any equivalent operation;
• Sustained messaging use: more than ten (10) messaging actions were performed by that person during the cycle. A messaging action means sending a message, editing a message, or adding a reaction. The first ten actions of each cycle are free and never make a profile active: so an employee can reach their employer without being billed. The allowance is counted PER PERSON, across all Organizations in the account, and the count starts over on the first day of each cycle. The read receipt for an urgent instruction requested by the employer, along with receiving and reading messages, are never counted.

5.2.1 Messaging between companies. Where two organizations are joined by an inter-company link (principal and subcontractor), messaging actions exchanged in shared threads are counted ON THE SIDE OF WHOEVER WRITES, in the account they belong to. People from the other company never become Active Users of your account and are never billed to you, however much they send. The free allowance of ten (10) actions per cycle is still counted per person, across all Organizations in your account, whether the thread is internal or belongs to the link.

VIEWING, for its part, never makes a profile billable: simply logging in to the web or mobile application, viewing one's schedule, timesheets or file, reading messages and notifications, and managing one's own account (photo, preferences, password, email address) do NOT make a profile an Active User. Furthermore, a write remains recorded for the cycle in which it took place even if the item created is later modified, cancelled or moved to the trash: deleting one's shifts before the end of the month does not erase the use that was made of them.

5.3 Exclusion of inactive profiles. Any profile that accumulates none of the actions listed in Section 5.2 over the entire billing cycle is not billed for that period, and may be placed in a temporarily inactive status depending on the account's settings. No variable per-user fee will be charged to the Organization for inactive profiles during the cycle concerned, and no manual intervention (deleting or archiving the profile) is required from the Organization. A temporarily inactive profile remains registered in the Organization and retains all of its data (history, schedules, settings); it automatically regains Active User status as soon as an action listed in Section 5.2 is recorded again, with no reactivation steps or fees.

5.4 System records and disputes. The number of Active Users is calculated automatically at the end of each billing cycle from the system's activity logs (shifts, absences, punches, timesheets, the audit trail of writes and the messaging action counter), which serve as the authoritative record of the count between the parties, subject to proof to the contrary. Any dispute regarding the number of Active Users billed must be submitted in writing within thirty (30) days of the issue date of the invoice concerned; upon request, we will then provide a summary of the count so its accuracy can be verified.

6.1 What it is. The Service includes a conversational assistant named “Charlie”, which carries out operations in the application on request, in plain language, typed or spoken. Its use is optional: an administrator may switch it off for one person, for an Organization, or for the entire account.

6.2 Access rights. The assistant has NO rights of its own. Every operation it performs replays an application operation with the rights of the signed-in user's account, and meets exactly the same refusals. It gives access to no information that this user could not obtain themselves through the screens of the Service.

6.3 Confirmation, reversibility and traceability. Every write operation is suspended until the user explicitly confirms it on screen. The assistant performs no permanent deletion. Every operation carried out in a conversation is recorded in the audit trail under the user's name, marked “via the assistant”.

6.4 Governance by the Organization. The administrator determines, per person and per role: permission to use the assistant, the data surfaces it may consult (the “scopes”), the monthly usage cap, and whether a password is required when the assistant opens or before each write. These settings never widen a user's rights: they only restrict them within the assistant.

6.5 NO WARRANTY ON RESPONSES. The assistant runs on a language model. Its answers, summaries, calculations and suggestions MAY CONTAIN ERRORS OR OMISSIONS. They are provided for guidance only and constitute neither legal advice, nor accounting or tax advice, nor labour relations advice. The Organization remains solely responsible for verifying the data before using it for a pre-payroll run, a payroll, a filing, a parity committee report, or any decision affecting an employee. It is the screens and registers of the Service that govern, never the text of a conversation.

6.6 Acceptable use of the assistant. In addition to the undertakings in the “Acceptable use” article, you undertake not to use the assistant to attempt to circumvent the permissions of the Service, to extract data in bulk, to produce unlawful, misleading or defamatory content, or to automate requests by any means other than the interfaces provided for that purpose.

6.7 Processing by a third-party provider. The text of conversations, together with the portion of the record needed to answer them, is transmitted to a language-model provider acting as a service provider on our behalf, under written agreement, and that processing takes place outside Québec. The Privacy Policy describes this transfer and the measures that frame it.

6.8 Availability. The assistant depends on third-party services. Its temporary unavailability does not constitute a failure of the Service within the meaning of the article on availability and support, and gives rise to no credit or reduction of the subscription.

7.1 Nature. Using the assistant consumes units called “tokens”. Tokens are not currency and carry no monetary value outside the Service: they may not be resold, converted into money, or assigned to a third party outside the Service. They may, however, be GIVEN to another user of the Service, under the conditions of section 7.10.

7.2 One wallet per person. Each user has their own token wallet: the Holder as well as Administrator, Supervisor and Employee profiles. Tokens are counted neither per Organization nor per billing account. A person enrolled in several Organizations has a single wallet, which they spend from each of them. Since the assistant acts with the permissions of the person speaking to it, it is a personal tool, and its spending follows the person.

7.3 Welcome batch. When an account is opened, 250,000 tokens are credited once, free of charge, to the Holder's wallet. It is up to them to give some to their collaborators if they wish (section 7.10).

7.4 Sale. Tokens are bought in packs, independently of the monthly subscription: they are added neither to the fixed Service access fee, nor to the variable amount per Active User, nor to the price of compliance modules. Purchasing is open to any user, each paying with their own payment method; it is not reserved to the Holder. Only the Holder may not purchase during the free trial period, the welcome batch having already been granted to them. Prices are denominated in Canadian dollars, before applicable taxes. A volume discount may apply according to the quantity bought in a single transaction, and the number of packs per transaction is capped.

7.5 No expiry. Tokens do not expire: each purchase and each grant constitutes a batch that remains valid for as long as the account is open. Debits are charged to open batches from the oldest to the most recent.

7.6 No refund, and clawback. Purchased tokens are not refundable, except to the extent required by applicable law. Where a payment is nonetheless refunded, or is disputed with the issuer of the payment method, the corresponding tokens are taken back; if they have already been spent, the wallet becomes indebted by that amount, and that negative balance is charged against the next purchase.

7.7 Counting and overdraft. The cost of an interaction is only known once the answer has been produced. The assistant refuses to begin a new interaction when the wallet is exhausted, but an interaction already begun is carried through, which may take the balance slightly below zero; this overdraft is absorbed by the next purchase. The token ledger, kept append-only, is evidence of the count between the parties, subject to proof to the contrary. Any dispute must be sent to us in writing within thirty (30) days of the transaction concerned.

7.8 Automatic top-up. The Holder may enable an automatic top-up: when their wallet falls below a threshold they set, a pack is purchased using the registered payment method. This feature is DISABLED BY DEFAULT, can only be enabled once the trial period has ended, and gives rise to only one attempt per hour. Refusal of the payment method, or its absence, disables the top-up; the Holder is notified.

7.9 Exhaustion. An exhausted wallet suspends the assistant for that person, and nothing else: the other functions of the Service remain accessible and the subscription continues unchanged.

7.10 Gifts between users. A user may give tokens from their wallet to another user of the Service, from the messaging feature, provided the recipient takes part in the conversation. A gift carries a minimum number of tokens, may not exceed the available balance, and takes effect IMMEDIATELY: there is nothing to accept, and the act cannot be taken back. This is, in particular, how an employer equips its teams.

7.11 End of employment and termination. The deactivation of a record by an Organization causes the person to lose neither their tokens nor access to their wallet: they retain a restricted access allowing them to view its balance and to give tokens away, and their tokens become spendable again if they join an Organization. On termination of an account, however, the unused tokens of the wallets depending on it are forfeited without compensation.

By using our services, you agree not to:

• circumvent or attempt to circumvent the platform's security measures;
• use the service for unlawful purposes or to infringe a third party's rights;
• reverse-engineer, decompile or copy the software, except to the extent permitted by law;
• deliberately overload our infrastructure or attempt to access data that does not belong to you;
• resell or redistribute access to the service without our written authorization.

The platform, its code, interface, trademarks and content remain the exclusive property of Clic Horaire or its licensors. These Terms grant you only a limited, non-exclusive, non-transferable right to use the service for the duration of your subscription.

Data you upload or generate within the platform (schedules, attendance, configured decrees) remains your property or that of your organization.

In delivering the service, Clic Horaire may process personal information about your employees (schedules, attendance, pre-payroll data) as a processor, in accordance with our Privacy Policy and, where applicable, a data processing agreement entered into with your organization. As the data controller, you remain responsible for the lawfulness of collecting and disclosing this information.

The mobile app may ask an employee to confirm their identity before a punch is recorded, using their own device's features (Face ID, Touch ID, fingerprint or unlock code). This feature is OPTIONAL and is set from the employee's profile.

Clic Horaire collects, transmits, processes and stores no biometric data. The check is performed locally by the device's operating system, inside its secure chip; the app receives a verdict only (identity confirmed or not). No bank of biometric data is created, either by Clic Horaire or on the customer's behalf.

The customer remains responsible for how they use this feature with their staff: informing employees, keeping it optional, complying with applicable collective agreements and with any obligation incumbent on them under Law 25 and the Act to establish a legal framework for information technology. Clic Horaire provides no legal advice in this respect.

A device without a sensor or a screen lock never prevents an employee from punching: the feature is then inoperative, and the punch is recorded normally.

The platform lets an employee file documents into their own employment record (competency card, licence, ID document, other document), together with a note addressed to management. The content uploaded belongs to the customer, who remains responsible for it as for any other document in the record.

These uploads are subject to fair-use caps designed to prevent abuse and protect the infrastructure: a maximum number of uploads per day and in total per employee, a maximum size per file and a maximum storage space per record. Those caps are stricter during the free trial period. They are set at a level normal use does not meet, and may be adjusted; the customer is informed when an adjustment concerns them.

Clic Horaire may refuse, remove or cap any upload manifestly unrelated to the purpose of the service, and may suspend this feature for an account making abusive or automated use of it, in accordance with the acceptable use section.

The platform allows a PDF document to be signed electronically, either by one of the client's employees or by someone outside their organization. Clic Horaire acts as a technical third party: the request is sent as a single-use link, the document's SHA-256 fingerprint is frozen when the request is sent and verified again before sealing, and the sealed document carries an attestation page showing the signer's mark, the fingerprint of the original, the IP address of the request and the server's UTC timestamp.

13.1 Scope of the attestation. The attestation produced by Clic Horaire covers THE ACT OF SIGNING and THE INTEGRITY OF THE DOCUMENT presented to the signer. It does not cover the CONTENT of the document, its lawfulness, its enforceability, or the signer's legal capacity. The client remains solely responsible for what they have signed, for the choice of recipients, for the timing of the request and for the consequences they draw from it, in particular under applicable labour laws and any collective agreement or decree binding them.

13.2 Content of documents. The client warrants that they hold the rights and authorizations required for the documents they upload and send for signature, and that these contain no information they are prohibited from collecting. Clic Horaire does not read, index or analyse the content of documents: it makes them available to the designated signer, seals them and stores them on the client's behalf. The client is answerable for that content as for any other item in the employment file.

13.3 Declining, and paper copies. A signer may decline to sign and must give a reason. Where that reason is a request for a PAPER VERSION, it is the exercise of the right set out in section 29 of the Act to establish a legal framework for information technology: no one may be required to accept a document on a medium other than paper. It then falls to the client to provide the paper version and have it signed by hand. Declining is final; starting over requires sending a new request.

13.4 Access code. The client may protect a request with an access code. The code is hashed and can never be read back, not even by the client: it is for them to convey it to the signer through a channel other than the email carrying the link, and to keep it for as long as needed. A lost code is replaced by sending a new request.

13.5 Third-party verification. A sealed document can be verified by anyone holding it, using its fingerprint, with no account and no identification. The document itself is never transmitted to Clic Horaire during that verification: only its fingerprint is. The answer is limited to confirming what already appears on the attestation page of the document being checked.

13.6 Retention. Signature requests, sealed documents and the event trail follow the retention periods applicable to employment file records, as described in our Privacy Policy. Deleting a request is a soft delete: the evidence remains, in keeping with the client's own retention obligations.

We use commercially reasonable efforts to ensure the service remains continuously available, without guaranteeing uninterrupted or error-free operation. Planned maintenance interruptions may occur, with advance notice where reasonably possible.

To the extent permitted by law, Clic Horaire will not be liable for indirect, incidental, special or consequential damages arising from the use or inability to use the service. Our total liability to you, for any cause whatsoever, will not exceed the amounts you paid for the service during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable Quebec law.

You agree to indemnify and hold Clic Horaire harmless from any claim, loss or reasonable expense arising from a breach of these Terms or a use of the service in violation of the law.

You may cancel your subscription at any time, in accordance with the terms set out on the Pricing page or your service agreement. We may suspend or terminate your access in the event of a material breach of these Terms, with reasonable notice where circumstances permit.

Upon termination, you will be able to export your data for a reasonable period, after which it may be deleted in accordance with our retention policy.

These Terms are governed by the laws of the Province of Quebec and applicable federal laws of Canada, without regard to conflict of law principles. Any dispute will be subject to the exclusive jurisdiction of the courts of the judicial district where Clic Horaire has its head office.

We may amend these Terms from time to time. Any material change will be announced on this page, along with an update to the date shown above. Your continued use of the service after changes take effect constitutes acceptance of those changes.