Terms and Conditions
These Terms govern your access to and use of the platform, products and services of DAZZM Inc. (“DAZZM”, “we”, “us”). By accessing or using them, you (the “Customer”, “you”) accept these Terms. Our Privacy Policy forms an integral part of them; they include a Data Processing Addendum (section 9), which applies when the platform processes personal information. This document is written in plain language while remaining a legally binding contract.
Shared responsibility model
DAZZM is a development platform. You — or our specialists, at your request — build applications on it and define your own business rules. The allocation of responsibilities follows directly from this.
Our commitments (DAZZM)
- Protect the environment where your data is stored — including sensitive or health data — according to the principles of confidentiality, integrity and availability: hosting and infrastructure security, protection against unauthorized access at the platform level, and resilience (backups and recovery).
- The platform will perform materially as described in our documentation (docs.dazzm.com). If we must remove or materially reduce functionality, we will notify you in advance.
- Permanently delete your data when you ask us to (residual backup copies are purged according to the normal backup cycle).
- Act as a processor of your data and process it in accordance with our Privacy Policy and the Data Processing Addendum, where applicable.
Your responsibilities (Customer)
- The nature of the data you manage in your applications.
- The access rules you impose on that data.
- The retention rules you program (or ask us to program).
- The business rules and application logic you put in place.
- Quality control and validation of your applications: verifying that each deliverable (for example an access control, a retention rule or a business rule) meets your expectations and works correctly before it goes live.
- Obtaining all necessary rights and consents over your data and complying with the laws that apply to you.
- Identifying and authenticating your users, protecting credentials, and notifying us of any unauthorized access.
- Granting and revoking our employees’ access to your production application. Such access is normally granted after implementation, when a support request requires in-depth investigation, and should only be granted temporarily.
- When you process sensitive or health information on the platform, holding the required rights and consents and complying with applicable laws (health, protection of personal information). The platform is designed to host such data securely.
Important: even when our specialists develop or implement at your request, you define the requirements and remain responsible for their nature and consequences. It is up to you to validate that the deliverable meets your expectations, whether the development was carried out by you or by our specialists. We are responsible for carrying it out in accordance with the agreed request.
The boundary — data security
In plain terms: we secure the container; you are responsible for the content and its governance. DAZZM is not responsible for the nature of the data you manage, nor for the access or retention rules you define or ask us to apply. We are responsible for the integrity, confidentiality and availability of the environment that hosts that data.
1. Use of the platform
Subject to these Terms, DAZZM grants you a limited, non-exclusive and non-transferable right to access and use the platform for internal purposes. You represent that you have the authority to bind your organization. You are responsible for the security of your account and all activity that occurs under it, and must notify us without delay of any unauthorized access. APIs and integrations may be used in accordance with our standards. We may modify, limit or temporarily suspend the platform, in particular for maintenance and upgrades.
2. Prohibited use
You must not, and must not allow any third party to:
- use the platform for unlawful purposes, or to submit content that is illegal, abusive, defamatory, hateful or otherwise objectionable;
- copy, reverse engineer, decompile or recreate the platform, or build a competing product;
- introduce viruses or malicious code, circumvent security, or attempt unauthorized access (including unauthorized penetration testing);
- overload the platform or threaten its integrity, performance or availability.
In the event of a suspected violation, we may suspend access without notice. DAZZM assumes no liability for unacceptable use of the platform or for the conduct of users. You indemnify us against any third-party claim related to your data or your use of the platform.
3. Your data and confidentiality
You retain ownership of your data. You grant us a limited licence to access and process it solely to provide, maintain and improve the platform, to resolve service or security issues, and to create anonymized and aggregated data (which, no longer being linked to a customer, belongs to DAZZM). The processing of your data is governed by our Privacy Policy. Each party protects the other’s confidential information and uses it only to perform the contract; this obligation survives for three (3) years after the end of the contract.
4. Fees, billing and payment
- Fees are those of the selected plan or order form (monthly, annual or multi-year), and may be based on usage or on the number of active users.
- Monthly: payable on the billing date. Annual or multi-year: payable within 30 days of invoicing.
- Automatic renewal. For annual/multi-year plans, we notify you at least 60 days in advance and you may cancel up to 30 days before renewal.
- Payments are non-refundable. If fees are overdue, we may suspend access without notice; access is restored within one business day after payment.
- Fees are exclusive of taxes. Any billing dispute must be raised within 30 days.
5. Warranties and limitation of liability
We warrant that the platform does not infringe the intellectual property rights of any third party and that we have the right to offer it to you.
Otherwise, the platform is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or free of errors or defects. You are responsible for evaluating the results obtained and the decisions you make based on the platform.
Limitation of liability. Neither party is liable for indirect, incidental, consequential or punitive damages, or for loss of profits, revenue or data. Each party’s total liability is capped at the amount you paid in the previous 12 months (or $100 in the case of an individual user). These limits do not apply in cases of fraud, bodily injury or death, gross or intentional fault, or to intellectual property indemnification obligations.
If you use an external consultant for implementation, DAZZM is not responsible for that consultant’s services.
6. Intellectual property
Everything that makes up the platform, the products, telemetry data, anonymized data and generated reports remains the property of DAZZM or its licensors — except your data. No rights to our trademarks or logos are granted to you. If you provide us with feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use them. We will defend you against any third-party claim alleging that the platform software infringes its intellectual property, unless the claim arises from your data, a third-party product or a modification not made by DAZZM.
7. Term, suspension and termination
- These Terms remain in effect as long as at least one subscription is active.
- Either party may terminate for a material breach not cured within 15 days of notice. DAZZM may also terminate for non-payment (15 days after notice) or for convenience (30 days’ notice for monthly plans, 90 days for annual/multi-year plans).
- If DAZZM terminates for the Customer’s breach before the end of the term, the remaining fees become payable as termination fees.
- No refunds, except if you terminate for our breach or we terminate for convenience (prepaid fees refunded pro rata).
- Where Quebec law applies, the Customer expressly waives the application of articles 2125 to 2129 of the Civil Code of Québec.
- Clauses which by their nature must survive (confidentiality, limitation of liability, intellectual property) remain in effect after the end of the contract.
8. Miscellaneous
These Terms are governed by the laws of the Province of Quebec, Canada. If any provision is held invalid, the remainder remains in effect. We may revise these Terms by publishing an update. The Privacy Policy forms an integral part of these Terms, as does the Data Processing Addendum (section 9).
9. Data Processing Addendum
This section applies whenever the platform processes personal information contained in your data. In the event of any inconsistency regarding the processing of personal information, it prevails over the rest of the Terms.
Who does what. You are the controller: you decide what data is collected and for what purposes. DAZZM is your processor: we process that data on your behalf, according to your instructions. For information related to your account (billing, support), DAZZM acts as an independent controller.
Our instructions. We process your personal information only on your documented instructions, unless the law requires us to act otherwise (in which case we will inform you, where the law permits). If one of your instructions appears to us to be unlawful, we will tell you.
Sensitive and health data. The platform may process sensitive or health information that you submit to it. You are responsible for having the right and legal basis to process it; we secure it in the same way as your other data.
Confidentiality. Our personnel who handle your personal information are bound by confidentiality.
DAZZM access to your data. Our consultants who work on your application access it through the same mechanisms as your own users and are therefore subject to your application access management. A limited number of system administrators hold privileged access to the underlying infrastructure: they could access your data through those mechanisms (for example directly in the database), without going through application access, solely for support, investigation or recovery purposes — for example if you have lost your own access. This access is restricted, logged and subject to confidentiality.
Security. We implement appropriate technical and organizational measures: encryption (and anonymization or pseudonymization where needed), ongoing confidentiality, integrity, availability and resilience, the ability to restore access after an incident, and regular testing of the effectiveness of these measures.
Sub-processors. We use sub-processors (hosting, etc.) listed below. We will notify you at least 30 days before adding a new one. Each is bound by obligations equivalent to ours, and we remain responsible for their work.
Personal data breach. In the event of an incident affecting your personal information, we will notify you without undue delay and help you meet your obligations to notify affected individuals and authorities.
Data subject requests. We help you, to the extent possible, respond to requests from data subjects (access, rectification, deletion) and carry out your data protection impact assessments.
Audit. Once a year (or if a breach is reasonably suspected), we provide you with reasonable information to demonstrate our compliance and allow an audit by you or an independent third party that is not a competitor of DAZZM.
Deletion. At the end of the contract, we securely delete your personal information in accordance with our retention policy, or sooner at your request, unless retention is required by law.
International transfers. When personal information is transferred outside its territory of origin, we use recognized transfer mechanisms (EU standard contractual clauses, UK addendum) and comply with applicable requirements (GDPR, UK GDPR, California CCPA and CPRA). We do not sell or share your personal information.
What we process (summary):
- Data subjects: all of your users.
- Categories: identifiers (email addresses, password hashes), profile data (name, contact information, title, etc.), user properties you configure (which may include sociodemographic data), and any sensitive or health data you choose to process.
- Frequency: continuous. Retention: as long as necessary for the purposes described, in accordance with our Privacy Policy.
Our sub-processors:
| Sub-processor | Nature of processing | Country | Transfer mechanism |
|---|---|---|---|
| Amazon Web Services (AWS) | Cloud hosting of data | Canada | Standard contractual clauses |
| MongoDB, Inc. | Database management | Canada | Standard contractual clauses |