General Terms of Use

Last updated: February 6, 2025

1. Introduction

These General Terms of Use (“Terms”) define the rights and responsibilities of “Users”, “Organizations” (both “you” or “your”), and Optania Éducation inc. (“Optania”, “us”, “our”, or “we”), the owner of the Psylio platform (“Platform”).

These Terms apply to all uses of the Platform, whether conducted individually, on behalf of an Organization (such as a clinic or nonprofit organization), or as a member of such an organization.

By accessing the Platform, you acknowledge that you have read, understood, and accepted these Terms. If you do not agree to these Terms, you must immediately cease all use of the Platform.

For any questions regarding the processing of personal data, please refer to our Privacy Policy.

2. The Psylio Platform

2.1 Definitions

Platform: The Psylio web application (website, web platform, and mobile version) provided by Optania.
User: Any individual using the Platform, either independently or as part of an Organization.
Organization: An entity comprising multiple Users, such as a clinic or nonprofit organization.
Active account: A paid account or a free account that has been accessed within the past twelve (12) months.
Inactive account: A free account that has not been accessed for more than twelve (12) months.
Active organization: A paid group Organization or a free group Organization with at least one associated account marked as active.
Inactive organization: A free group Organization for which all associated accounts have been marked as inactive.
User content: Data entered, uploaded, or generated by Users on the Platform, including but not limited to personal information about Users and their clients.
Third-party provider: An external organization or service used by the Platform to deliver specific features (e.g., hosting, backups, online payments).
Force majeure: Unpredictable events beyond Optania’s control (e.g., natural disasters, cyberattacks, internet outages).
Special use: Any use of the Platform that exceeds the scope outlined in these Terms, including use in contexts, for purposes, or with expectations not defined or approved by Optania.

2.2 Description

Psylio is a web application designed to allow professionals in the helping fields to securely record, manage, store, and share data as part of their professional practice.

3. General Conditions

3.1 Registration Conditions

Registration on the Platform is restricted to individuals of legal age (18 years or older).

Users must be authorized to act on behalf of an Organization or to engage in a professional practice that complies with applicable laws.

3.2 Management of Login Credentials

Optania assumes no responsibility for verifying the eligibility or confirming the identity of any User.

Any activity carried out using these credentials is the responsibility of the User or the associated Organization.

Users must promptly report any unauthorized access to their account to the following address: prp@optania.com.

3.3 Management of Roles and Permissions

Organizations are responsible for:

Configuring and verifying the roles and permissions granted to authorized Users.
Ensuring that only members with the necessary authorizations access sensitive or confidential data.

Optania disclaims any responsibility for breaches of confidentiality resulting from the Organization’s improper configuration of permissions or access.

3.4 Legal and Ethical Compliance

Users agree to comply with the laws, regulations, and ethical standards applicable to their profession and activities. Any claims, complaints, or disputes related to their use of the Platform are their sole responsibility.

4. Subscriptions and Payments

4.1 Subscription Plans

The features available to a User or Organization are determined by the selected subscription plan. Plans may include:

Limits on the number of Users
Defined storage capacity
Access to specific features
Integrations with third-party services

4.2 Plan Modifications

Any changes to pricing or discontinuation of the paid subscription plan to which the User or Organization is subscribed will be communicated with at least 30 days’ notice.

Users or Organizations may refuse these changes by ceasing to use the Platform.

Optania reserves the right to modify any Platform feature without notice.

4.3 Payments and Renewals

On both monthly and annual plans, subscriptions are automatically renewed the day after the covered period ends.

Users or Organizations may cancel the subscription at any time. Automatic renewal for the next period will be disabled. No refunds will be issued for the current paid period.

In the case of invalid payment, a grace period of fourteen (14) days will be granted to update payment information. After this period, access to the Platform will be limited to the free mode.

4.4 Limitations on Discounts

Discounts, promotions, or special offers granted by Optania are strictly limited to the specific conditions that accompany them. Unless explicitly stated otherwise:

Discounts only apply to one billing period or transaction.
Discounts cannot be combined with other offers and are neither transferable nor cumulative.

Optania reserves the right to suspend, modify, or cancel any discount at any time, without prior notice, for any of the following reasons:

Violation of these Terms
Fraudulent or improper use of discounts
Any other reason deemed valid by Optania

Discounts are not applied retroactively and cannot be redeemed once their validity period has expired.

5. Hosting and Third-Party Providers

5.1 Data Hosting

All Platform data is hosted exclusively on servers located in Canada. Optania is committed to selecting hosting providers that comply with applicable security standards for handling sensitive data.

5.2 Use of Third-Party Providers

The Platform may use services provided by third parties, such as payment solutions or integration tools. These services are subject to the terms of use of the respective providers, and Optania disclaims all responsibility for their operation or policies. For more information about our third-party services, please consult our security page.

5.3 Backups

Optania instructs its hosting provider to perform a backup of User and Organization data once every 24 hours. These backups are strictly intended for data restoration purposes in the event of a technical incident.

6. Intellectual Property

6.1 User Ownership

Users and Organizations retain full ownership of the content they generate or store on the Platform. However, by using the Platform, they grant Optania a limited, non-exclusive license necessary to:

Securely host data
Perform regular backups
Apply updates or improve Platform features
Delete inactive accounts after five (5) years of inactivity

6.2 Data Accessibility and Export

User Content remains accessible to the responsible User on the Platform, subject to the availability criteria outlined in these Terms.

Users and Organizations may request the export of their data for off-platform backups or upon termination of services. Requests must be submitted to the technical support team and will be processed:

During business hours (9 AM to 5 PM Eastern Time, Monday through Friday, excluding holidays)
Within a reasonable timeframe after the request is received

To prevent excessive requests, Optania may impose a limit of two (2) export requests per User within a thirty (30) day period.

6.3 Ownership of the Platform

The Psylio Platform, including its source code, design, algorithms, documentation, logo, and trademark, remains the exclusive property of Optania. This ownership is protected under applicable intellectual property laws.

6.4 Usage Restrictions

Any unauthorized reproduction, modification, distribution, or use of the elements constituting the Psylio Platform is strictly prohibited without prior written permission from Optania. Violations of these rules may result in appropriate legal action.

7. Data Protection and Privacy

7.1 Optania’s Commitments

User data is secured using protocols that comply with industry standards.

Optania is committed to adhering to the principles outlined in its Privacy Policy.
Optania complies with applicable data protection laws, including Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and Law 25in Québec.

7.2 Responsibilities of Organizations

Organizations are responsible for managing User Content on behalf of their members. They must inform members of their intentions and obtain any necessary consents for the use of such content.

7.3 Data Retention

Personal information collected is retained until a User or Organization requests its deletion or until a User or Organization account remains inactive for a continuous period of five (5) years.

When an account is identified as inactive for a continuous period of five (5) years, the associated data will be securely deleted within fifteen (15) days, unless a legal or contractual obligation requires its retention.

7.4 Advance Notifications

Optania commits to notifying Users and Organizations in writing, within a reasonable timeframe, before any account or associated data is deleted due to prolonged inactivity.

8. Availability and Maintenance

8.1 Availability

Optania will make reasonable efforts to maintain the availability of the Platform. However, temporary interruptions may occur due to maintenance, updates, or technical improvements aimed at optimizing services.

8.2 Incident Management

In the event that an incident resulting in a service interruption is detected by Optania or reported by a User or Organization, Optania undertakes to:

Provide an initial response, if applicable, within a reasonable timeframe during business hours.
Take appropriate steps to address the issue and resolve the incident as promptly as possible.

For incidents reported outside of business hours, Optania will make reasonable efforts to respond quickly, taking into account the availability of the technical team and the urgency or severity of the incident.

8.3 Maintenance Notifications

Optania commits to informing Users of any scheduled maintenance with reasonable prior notice. In the case of urgent maintenance, a notification will be sent as soon as possible through one or more of the following methods:

Messages displayed directly on the Platform
Posts in the Psylio Facebook community
Notices on Psylio’s official website and login page
Emails sent to Users

8.4 Limitations on Availability

Optania is not responsible for service interruptions resulting from circumstances beyond its control, including:

Internet or network infrastructure outages
Cases of Force majeure

9. Limitations of Liability

9.1 Warranty Disclaimer

The Platform is provided “as is” without any explicit or implied warranties, including those related to its performance or suitability for a Specific use.

9.2 Limitation of Damages

To the extent permitted by applicable law, Optania disclaims any liability for indirect, consequential, punitive, incidental, or special damages arising from the use or inability to use the Platform, including interruptions or suspensions of software services, even if Optania has been advised of the possibility of such damages.

Optania’s total liability to a User or Organization is strictly limited to the amount paid for the use of the Platform during the preceding twelve (12) months, up to a maximum of $1,500.

9.3 Technical Support

Technical support is provided solely at Optania’s discretion and does not constitute a contractual obligation.

Support requests may be submitted via email through our ticketing system and will be handled:

During business hours (9 AM to 5 PM Eastern Time, Monday through Friday, excluding holidays)
Within a reasonable timeframe, as determined by Optania

9.4 Specific Exclusions

Optania cannot be held liable for damages or losses resulting from:

Misuse of the Platform by the User or Organization
Errors in configuring permissions by the Organization
Service interruptions caused by Force Majeure events or incidents attributable to third parties (e.g., hosting providers or internet network issues)

10. Termination

10.1 Termination by the User

As outlined in Clause 4.3, the User or Organization may terminate their subscription at any time. Termination will take effect at the end of the current paid subscription period.

10.2 Termination by Optania

Optania reserves the right to suspend or terminate an account, with or without notice, in cases of:

Violation of these Terms
Misuse of the Platform
Any behaviour that compromises the security, integrity, or reputation of the Platform

10.3 Data Retention

As outlined in clause 7.3, data associated with terminated accounts will remain inactive for a period of five (5) years unless an express request for earlier deletion is submitted.

11. Modification of the Terms

Optania reserves the right to update these Terms of Use with a written notice provided at least thirty (30) days prior to the effective date of the changes.

Any request for modification can be submitted to Optania no later than thirty (30) days after the modification takes effect, provided the modification increases an obligation of the User or Organization, or reduces an obligation of Optania.

Optania reserves the right to accept or reject any such modification requests.

If a User or Organization disagrees with the modifications, they may reject them by ceasing use of the Platform, as outlined in Clause 10.1.

12. Governing Law and Jurisdiction

These Terms are governed by the applicable laws of the Province of Québec. Any dispute arising from or related to these Terms shall be subject to the jurisdiction of the courts located in the Province of Québec.

13. Additional Provisions

13.1 Notices to Users

Notices intended for a User or Organization will be delivered through the Psylio Platform or sent to the email address associated with the account(s). Users and Organizations are responsible for ensuring that their account information remains accurate and up to date.

13.2 Section Titles and Interpretation

The section titles in these Terms are included for convenience only and shall not affect the interpretation of the provisions. Additionally, the terms "including" or "includes" shall always be understood to mean "including without limitation."

13.3 Waiver of Rights

The failure of a party to enforce any right or take action in response to a breach by another party shall not constitute a waiver of that party’s right to enforce such rights or take action regarding future or similar breaches.

14. Contact Information

For any questions, concerns, or requests related to these Terms, you can contact Optania through the following means:

By email: prp@optania.com
By certified mail, postage prepaid, with acknowledgment of receipt to the following address:

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