Terms of use

Created July 3, 2025 — Updated April 3, 2026

Version française — In the event of any discrepancy between the French and English versions, the French version shall prevail.

These Terms of Use (“Terms”) govern your access to and use of the services, website and software applications (collectively, the “Service”) provided by Solutions néSaaSity S.E.N.C., a general partnership registered in Quebec, Canada (“the Company”, “we”, “our” or “us”), through our web application Paymely.app (“Paymely”).

By requesting an account and using the Service, you or the entity you represent (“you”, “the Client”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

Pursuant to section 55 of Quebec's Charter of the French Language, the parties have agreed that the French version of these Terms shall prevail in the event of any discrepancy with any English version.

1. Definitions

  • “Client”: The registered business that subscribes to the Service.
  • “Authorized user”: Any employee or representative of the Client with access to the account.
  • “Client data”: Information relating to clients and debtors that the Client uploads to the platform.
  • “Debtor”: The Client's customer who has an outstanding invoice and is the subject of communications via the Service.
  • “Service”: All features, tools and interfaces provided by Paymely.app.

2. The service

Paymely.app is a software-as-a-service (SaaS) platform that provides Clients with communication tools to assist them in managing their own accounts receivable. The Service enables Clients to send automated and manual communications to their customers regarding outstanding invoices.

2.1. Account enrollment process. The Service is available only to registered and verified businesses. Prospective Clients must apply for an account. A representative of our company will contact you to verify your business information, including but not limited to your official business name, address and business number (NEQ, provincial or federal incorporation number), before an account is approved and provisioned.

2.2. Subscription tiers. The Service is offered in different subscription tiers (Essentiel, Essentiel Plus, Entreprise, Entreprise Plus, Entreprise Max, and custom plans). Features, volume limitations and pricing for each tier are detailed on our official pricing page.

3. Disclaimer regarding collection agency status

You, the Client, explicitly acknowledge and agree to the following:

  • 3.1. Role definition: Paymely is a technology platform and SaaS provider. We provide software tools; we do not perform debt collection services.
  • 3.2. No collection agency status: Solutions nĂ©SaaSity S.E.N.C., its application Paymely.app, and all its partners and employees are not a “collection agency” or “collection agent” as defined by Quebec's Act respecting the collection of certain debts or any other applicable provincial or federal law. We do not hold a collection agency permit from the Office de la protection du consommateur (OPC) and do not carry out any activity that would require such a permit.
  • 3.3. No management of funds: Paymely does not manage, process, receive or take any commission on funds collected by the Client. All payments for outstanding invoices are made directly from the debtor to the Client.
  • 3.4. Communications originate from the Client: All communications sent through the platform are sent by and on behalf of the Client's business. The Client is the sole entity identified as the creditor in all communications.

4. Client responsibilities and acceptable use policy

You are solely responsible for your use of the Service and all data and content you upload or transmit through the Service.

  • 4.1. Authorization and consent (CASL). You warrant and represent that you have a pre-existing business relationship with each individual on any list you upload to the Service. You further warrant that you have obtained all necessary legal rights and consents — including those required by Canada's Anti-Spam Legislation(CASL) — to send them commercial electronic messages and SMS regarding their account with your business. You are solely responsible for CASL compliance for all messages you send through the Service.
  • 4.2. Data accuracy. You are solely responsible for the accuracy and legality of all data you upload, including but not limited to contact names, amounts owed and invoice details.
  • 4.3. Communication content. You are solely responsible for the final content, tone and legality of each message sent through the platform, even when using pre-defined templates or dynamic variables provided by the Service.
  • 4.4. Compliance with collection laws. You acknowledge that certain Canadian provinces regulate communications between creditors and debtors. You are solely responsible for ensuring your use of the Service complies with all applicable laws in your province and in the debtor's province, including restrictions on contact hours, communication frequency and message content.
  • 4.5. Prohibited activities. You agree not to use the Service for the following purposes:
    • Communicating with any person with whom you do not have a pre-existing business relationship or who has not given legal consent.
    • Sending messages that are harassing, intimidating, threatening, profane, defamatory, obscene, or otherwise illegal.
    • Misrepresenting the amount, nature or status of a debt, or falsely implying that a law firm, court or Paymely is involved in collection.
    • Performing debt collection on behalf of a third party (which would require a collection agency permit).
    • Using the Service to send unsolicited messages, spam, or for any purpose other than communication regarding legitimate, outstanding invoices of your own business.
    • Attempting to circumvent security measures, rate limiting or access controls of the Service.
    • Contacting a debtor who has exercised their right to unsubscribe through the mechanism provided by the Service.

5. Fees, payment and subscription terms

  • 5.1. Billing. Subscription fees are billed on a recurring monthly basis and will be automatically charged to the payment method on file via Stripe. No annual subscriptions are offered.
  • 5.2. Price changes. We reserve the right to modify our pricing. Any pricing change will be communicated to you by email at least thirty (30) days before taking effect. Changes will apply at the start of the next billing cycle following the notice period.
  • 5.3. Cancellation. You may cancel your subscription at any time from your account. Cancellation takes effect immediately. Your account will enter read-only mode for a period of ninety (90) days, after which your data will be permanently deleted (see section 8).
  • 5.4. No refunds. All payments are non-refundable. No refunds or credits will be issued for partial months of service, subscription downgrades or unused periods of a cancelled subscription.
  • 5.5. Upgrades and downgrades. You may upgrade your subscription plan at any time, with fees prorated for the current billing cycle. Downgrades take effect at the start of the next billing cycle.
  • 5.6. Credit packs. You may purchase additional message credits (SMS, emails). All such purchases are final and non-refundable.
  • 5.7. Payment default. In the event of payment default, we reserve the right to suspend access to the Service after a reasonable grace period and automated retry attempts. An account in payment default will be treated the same as a cancellation if payment is not regularized.

6. Intellectual property

  • 6.1. Ownership of the service. The Service, including all its software, interfaces, designs, algorithms, templates, text, images and trademarks, is the exclusive property of Solutions nĂ©SaaSity S.E.N.C. or its licensors. Nothing in these Terms grants you any ownership right in the Service.
  • 6.2. License to use. Subject to compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Service for your internal business purposes.
  • 6.3. Ownership of client data. You retain full ownership and all intellectual property rights in your Client Data. We do not own your Client Data.
  • 6.4. Anonymized data. You grant us the right to use Client Data in aggregated and anonymized form for our own internal business purposes, such as improving the Service and generating usage statistics. Such anonymized data will not contain any personally identifiable information and will never be sold to third parties.

7. Data protection

  • 7.1. Data residency. All Client Data is stored on secure servers hosted by Supabase on Amazon Web Services (AWS) in the ca-central-1 region (Montreal, Canada).
  • 7.2. Respective roles. Regarding Client Data (debtor data), the Client acts as data controller and Paymely acts as data processor, in accordance with Quebec's Law 25.
  • 7.3. Sub-processors. The list of our sub-processors is available in our Privacy policy. We will notify you of any changes to this list at least thirty (30) days before they take effect.
  • 7.4. Privacy policy. Our collection and use of personal information in connection with the Service are described in our Privacy policy, which is incorporated by reference into these Terms.
  • 7.5. Incident notification. In the event of a privacy incident affecting Client Data, we will notify you as soon as possible, in accordance with the obligations under Law 25.

8. Account termination and data deletion

8.1. Termination by the client. You may terminate your account at any time from your account settings. Upon termination:

  1. Your account will be immediately suspended (read-only mode).
  2. Your Client Data will be retained for a grace period of ninety (90) days, during which you may request account reactivation or data export.
  3. We will send you email notifications before permanent deletion (at 30, 15, 7, 5, 3 and 1 day before the deadline).
  4. After these 90 days, all your Client Data will be permanently and irreversibly deleted from our systems, except for data we are required to retain by law (billing data for 7 years).

8.2. Termination by Paymely. We reserve the right to suspend or terminate your account, with or without notice, in the event of:

  • Violation of these Terms or the acceptable use policy
  • Unresolved payment default
  • Use of the Service for illegal purposes
  • Court order or request from a competent authority

9. Indemnification

You agree to indemnify, defend and hold harmless Solutions néSaaSity S.E.N.C., its partners, employees and agents from any claim, loss, damage, liability, cost and expense (including reasonable attorney fees) arising from or related to:

  • Your use of the Service in violation of these Terms
  • Your violation of CASL or any other applicable law
  • The content of communications you send through the Service
  • The inaccuracy of data you upload
  • Any claim by a debtor resulting from communications you sent

10. Limitation of liability

  • 10.1. Disclaimer of warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS.
  • 10.2. Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLUTIONS NÉSAASITY S.E.N.C., ITS PARTNERS OR EMPLOYEES BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL OR REVENUE.
  • 10.3. Liability cap. OUR TOTAL AND CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
  • 10.4. Exceptions. In accordance with the Civil Code of Quebec, nothing in these Terms limits our liability for gross or intentional fault, bodily injury or death.
  • 10.5. Important notice. Paymely is not responsible for: the Client's inability to collect amounts owed by its debtors; disputes between the Client and its debtors; the Client's non-compliance with applicable laws, including collection and CASL laws; any damage resulting from incorrect or abusive use of the Service by the Client.

11. Force majeure

Neither party shall be held liable for any delay or failure in the performance of its obligations under these Terms when such delay or failure results from a force majeure event, including but not limited to: natural disasters, pandemics, wars, acts of terrorism, strikes, power or telecommunications outages, cyberattacks, legislative or regulatory changes, or any other event beyond the reasonable control of the affected party.

12. Changes to the terms

We reserve the right to modify these Terms at any time. Any substantial modification will be communicated to you by email at least thirty (30) days before taking effect. The modified version will be published on our website with the update date. Continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms. If you do not accept the changes, you must stop using the Service and cancel your subscription.

13. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Longueuil, Quebec.

14. General provisions

  • 14.1. Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy and Disclaimer, constitute the entire agreement between you and us regarding the Service.
  • 14.2. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • 14.3. Waiver. Failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.
  • 14.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition or sale of all or substantially all of our assets.
  • 14.5. Language. Pursuant to Quebec's Charter of the French Language, the French version of these Terms is the official version. In the event of any discrepancy between the French version and any translation, the French version shall prevail.

15. Contact information

If you have any questions about these Terms, please contact us at:

Solutions néSaaSity S.E.N.C.

Chambly, Quebec, Canada

privacy@nesaasity.ca

(514) 500-5405