Terms and information applying to the ZOMFY website and its services.
Website use
Terms of Use.
The rules for using zomfy.ca, operated by 9514-5033 Québec inc., doing business as ZOMFY.
1. Purpose and website operator
These terms govern use of zomfy.ca, operated by 9514-5033 Québec inc., doing business as ZOMFY, Québec enterprise number (NEQ) 1179750626.
They cover browsing the site, its content and the use of its contact methods.
Design, development, hosting, maintenance and IT support services are governed by the applicable quotes, contracts and schedules. These terms do not replace those documents or alter their commitments.
2. Information on the site
The site presents ZOMFY’s services, expertise and completed work.
General descriptions, examples, mockups and demonstrations illustrate possibilities. They do not, by themselves, define the features of a commissioned service.
A project’s features, deliverables, timelines, responsibilities and fees are specified in the applicable contractual documents.
ZOMFY may correct or update site content. A site update does not automatically amend an existing contract.
3. Project inquiries and contractual commitments
Sending a form, email or request for information does not automatically create a contract, reserve availability or create an obligation to carry out work.
An acknowledgment confirms only the technical receipt of a communication unless expressly stated otherwise.
An assignment is agreed upon in accordance with the acceptance terms in the applicable quote or contract. Its start remains subject to the conditions stated there.
The person submitting an inquiry must provide information that is sufficiently accurate to allow it to be assessed. When acting for an organization, that person must have the necessary authorization for the steps they take.
4. Permitted use and prohibited conduct
The site may be browsed and used for lawful purposes.
Attempting unauthorized access to accounts, systems or non-public information; bypassing access controls; disrupting the site; or introducing malicious code or content is prohibited.
Forms must not be used to send fraudulent messages, impersonate someone, send spam or communicate information obtained unlawfully.
Abusive automated extraction is prohibited, particularly when it compromises the service or infringes rights holders’ rights. This restriction does not target ordinary browsing, accessibility tools or legitimate indexing of public pages by search engines.
Penetration testing and active interventions on ZOMFY’s systems require prior written authorization defining their scope.
5. Intellectual property
Original content belonging to ZOMFY, including certain texts, graphics, interfaces, illustrations, animations, documents and software, is protected to the extent provided by applicable law.
Browsing the site does not transfer ownership rights in these materials.
Subject to uses permitted by law and applicable licences, reproduction, adaptation, redistribution or exploitation requires the rights holder’s authorization.
Components and content covered by third-party or open-source licences remain governed by their own terms. These terms do not remove rights granted by those licences. (Justice Canada)
Rights in the deliverables of an assignment are determined by the relevant contract.
6. Portfolio and completed work
Projects shown may contain trademarks, logos, screenshots and content belonging to ZOMFY, its clients or other rights holders.
Displaying a project does not transfer rights to visitors or mean that ZOMFY owns every element of that project.
Mockups, prototypes and demonstrations must not be understood as a promise that a feature is included in every assignment.
A screenshot may show an earlier version of a product. A third-party service’s features and availability may have changed since the project was completed.
Mentioning an organization or displaying its trademark does not, by itself, declare a partnership, certification or endorsement by that organization.
7. Content and information you submit
You retain the rights you hold in content sent to ZOMFY.
Sending it allows ZOMFY to review and use it as necessary to understand your inquiry, communicate with you and prepare a proposal, subject to applicable confidentiality obligations.
It does not automatically authorize publication in the portfolio.
You must have the necessary authorization to send content or information about third parties. When real data is unnecessary, use fictional or sufficiently anonymized examples.
Before sending trade secrets, highly sensitive information or technical credentials, agree on appropriate arrangements with ZOMFY. The absence of a specific agreement does not remove confidentiality obligations imposed by law.
8. External links and services
The site may link to resources operated by third parties.
For resources it does not operate or administer, ZOMFY does not necessarily control their content, availability or privacy practices.
You are responsible for reviewing the terms applicable to those resources before providing information or making a transaction.
This provision does not reduce responsibilities ZOMFY expressly assumes under an assignment.
9. Website availability
ZOMFY may modify certain site features, carry out maintenance or temporarily restrict access to protect systems and users.
The public site does not come with a commitment to uninterrupted or error-free availability.
Maintenance, support, backup, monitoring or recovery commitments for a client service are those in its contract. They must not be inferred solely from the existence or accessibility of the public site.
10. Liability
General information on the site does not replace an assessment suited to a particular project.
To the extent permitted by law, ZOMFY excludes liability for indirect material damage arising solely from browsing the public site or making decisions based on general information without verifying the context.
This exclusion does not cover bodily or moral injury, or material injury resulting from intentional conduct or gross fault. It also does not apply where a mandatory rule prohibits such an exclusion. (LégisQuébec)
Mandatory consumer rights, personal information protection obligations and commitments expressly accepted by ZOMFY remain preserved.
Liability limits applicable to services must be set out in the relevant contractual documents. This page does not impose a default financial cap on those services.
11. Specific requirements of clients and their insurers
Specific requirements of a client, its insurer or its industry must be communicated before an assignment is agreed upon or before a new requirement is added.
They may concern security measures, access, backups, processing locations, audits, insurance or response times.
ZOMFY’s specific commitments must be set out and accepted in the applicable documents, without reducing its legal obligations.
A commercial description on the site does not, by itself, constitute proof of insurance, independent certification or a guarantee of compliance with requirements that have not been communicated.
12. Privacy and reports
Personal information processing is explained in the Privacy Policy.
Using the site does not constitute blanket consent to optional processing of personal information.
To report an error, suspected unauthorized content or a security issue, email admin@zomfy.ca.
A security report does not authorize exploitation of a vulnerability, access to non-public information or disruption of a service.
13. Changes, applicable law and remedies
These terms may be updated. The published version states its modification date.
A new version does not retroactively change commitments under an existing contract.
These terms are governed by the applicable laws of Québec and applicable Canadian federal laws, subject to mandatory rules that may protect a person in another jurisdiction.
An attempt at an amicable resolution may be made without waiving available remedies.
If a provision is found unenforceable, the others remain applicable to the extent permitted by law.
Contact: admin@zomfy.ca