Terms & Conditions
BOSS SOFTWARE AS A SERVICE (SaaS) TERMS OF USE
January 1st 2026
These Terms of Use, along with our Privacy Notice, which is incorporated by reference and available at https://www.m3-tech.ca/en/privacy-policy, govern your access to and use of the BOSS SaaS and related websites and mobile applications (the “Service”).
By clicking the “I accept” button at login or by using the Service, you agree to the following Terms of Use. If you are entering into these Terms of Use on behalf of a corporate entity or as an employee or agent of a corporate entity, you represent that you have the authority to bind such entity, in which case “you” also refers to such entity.
If you do not agree with any part of the following Terms of Use, you may not use the Service. If you have any questions about these Terms of Use or about the Service, please contact us at:
1. Scope of Use
Subject to any agreement between your licensee brokerage firm and 10292206 Canada Inc. (“M3 Tech”), and subject to your compliance with these Terms of Use, M3 Tech hereby grants you a non-exclusive, non-transferable, limited and revocable right to use the Service, solely for your mortgage business operations in Canada.
2. Term
These Terms of Use begins when you click the accept button in the Service or when you begin using the Service, and will continue for as long as you keep using the Service. Some provisions of these Terms of Use may continue to apply after you have stopped using the Service.
3. Your Obligations
3.1
You will not disassemble, decompile, reverse-engineer, copy, translate or make derivative works of the Service.
3.2
You will not circumvent any security measures of the Service or disrupt its operation.
3.3
You will not upload, process or transmit any data that is unlawful or infringes any third party rights, including intellectual property and privacy rights.
3.4
You will comply with all laws and mortgage brokerage regulations applicable to Client Data and your use of the Service.
3.5
You will not remove, alter, or obscure any copyright, trademark or other intellectual property rights notice displayed by or in the Service.
3.6
You will not sell, distribute, rent, lease or otherwise commercialize the Service.
3.7
You are responsible for your equipment, network and internet connectivity required to access the Service.
3.8
You will maintain appropriate security measures for your equipment and your use of the Service.
3.9
You are responsible at all time for your use of the Service and will use reasonable means to protect your account credentials, including username, passwords and access codes, from unauthorized disclosure or use by third parties.
3.10
You will promptly notify M3 Tech if you become aware of any unauthorized use of your account.
3.11
Any registration information you provide to use the Service will be accurate and you will keep such information current and up to date.
4. Client Data
4.1
“Client Data” means any data that you enter into the Service, including Personal Data. “Personal Data” means any information which relates to a physical person and directly or indirectly allows that person to be identified.
4.2
You grant to M3 Tech, its affiliates and subcontractors a non-exclusive right to host, copy, process, transmit and display Client Data solely to provide, support, secure and improve the Service and to perform its obligations under these Terms of Use.
4.3
You will collect, use and communicate all Personal Data in compliance with applicable data privacy and protection laws. More specifically, you must obtain consent from all your potential or existing clients, before collecting, using and communicating their Personal Data, and must clearly inform them that the Personal Data they provide or give access to will be shared with and processed by M3 Tech, its affiliates and subcontractors, in compliance with M3 Tech’s Privacy Notice.
5. Data Analysis
5.1
M3 Tech may perform data analysis, using in part Client Data and information derived from your use of the Service, for lawful business purposes, including:
- Product improvement and development
- Improving support, resource allocation and planning demand
- Generating trends, indices and bench marking
- Information security and fraud prevention
- Training
5.2
Client Data will only be used for Data Analysis if it is first anonymized, meaning that it irreversibly can no longer be used to identify you or a physical person directly or indirectly.
6. Artificial Intelligence
6.1
M3 Tech may use artificial intelligence (“AI”) tools and models, including third party models, to provide, maintain, secure, and improve the Service. This includes processing Client Data to generate outputs, but only as necessary for the Service and in accordance with these Terms of Use, our Privacy Notice and applicable law.
6.2
Although aggregated, anonymized Client Data may be used for general AI model improvement, M3 Tech will not use Client Data to train AI models without prior written consent of the licensee brokerage firm and the individuals concerned, in which case the use of AI in the Service will be clearly identified.
6.3
Any AI output generated automatically may contain errors, biases, inaccuracies, or inappropriate content. You are responsible for reviewing and verifying all AI outputs before use, and M3 Tech does not warrant their accuracy, completeness, or suitability. The Warranty and Limitation of Liability Sections of these Terms of Use apply to the use of AI in and by the Service.
7. Protection of Client Data and Personal Data
7.1
M3 Tech has implemented and maintains industry standard data security measures to protect the confidentiality, integrity and availability of Client Data, including human resources security, physical and logical access controls, multi-factor authentication, encryption of Client Data at rest and in transit, network security measures, vulnerability management, incident response, business continuity and disaster recovery plans, secure software development, third-party risk management and yearly independent security audits.
7.2
For information on how M3 Tech processes and protects Personal Data, you may consult our Privacy Notice, available at https://www.m3-tech.ca/en/privacy-policy.
8. Third-Party Services
8.1
The Service may contain links to, or enable integration with, third-party websites, services, products, or content (collectively, “Third-Party Services”) that are not owned or controlled by M3 Tech. M3 Tech does not endorse, monitor, or take responsibility for any Third-Party Services.
8.2
Use of any Third-Party Services is at your own risk and may require separate agreements, terms of use and privacy policies. M3 Tech is not a party to these agreements and is not liable for any loss or damage arising from your access to, use of, or reliance on such Third-Party Services.
9. Warranty
9.1
M3 Tech warrants that it will provide the Service in substantial conformance with the documentation, and with the degree of expertise and care reasonably expected from an experienced supplier of services similar to the nature and complexity of the Service.
9.2
Except as expressly provided in this agreement, the Service is provided on an “as is” and “as available” basis and M3 Tech expressly disclaims all warranties of any kind, whether statutory, express or implied, regarding the suitability of the Service, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the operation of the Service will be uninterrupted and error free.
9.3
Your sole and exclusive remedies and M3 Tech’s entire liability for breach of the warranty under this Section will be the re-performance of the deficient Service and, if re-performance fails, you may terminate your use of the Service, pursuant to the Termination Section of these Terms of Use.
10. Limitation of Liability
10.1
To the maximum extent permitted by applicable law, neither M3 Tech nor its affiliates or suppliers will be liable for any loss of profit, revenue, business, goodwill, data, or for any indirect or consequential loss, arising out of or in connection with the Service or these Terms of Use.
10.2
In any case, the total aggregate liability of M3 Tech or its affiliates, arising out of or in connection with the Service or these Terms of Use will be limited to the amount paid by you for the Service during the 12 months immediately preceding the claim or cause of action. This limitation does not apply to wilful misconduct, gross negligence or where liability cannot be excluded or limited under applicable law.
11. Indemnification
11.1
Indemnification by M3 Tech. M3 Tech will defend, indemnify, and hold you harmless from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from any allegation that the Service, when used in accordance with these Terms of Use, infringe a third party’s intellectual property rights.
11.2
Indemnification by you. You will defend, indemnify, and hold harmless M3 Tech, its affiliates and suppliers from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: i) Client Data, including any allegation that Client Data infringes or violates any third-party right, including intellectual property and privacy rights, or ii) your use of the Service in breach of these Terms of Use or applicable law.
11.3
Indemnification Procedure. The Party seeking indemnification will: i) promptly notify the other Party in writing of any third-party claim, ii) provide reasonable assistance to the other Party at the other Party’s cost, iii) give the other Party sole control of the defence and settlement, provided that any settlement does not impose liability or obligations on the Party seeking indemnification without its prior written consent.
12. Intellectual Property
12.1
M3 Tech owns all intellectual property rights in and related to the Service, including the documentation, related designs, know-how, trademarks, processes and derivative works or is duly licensed by third parties to use such intellectual property. All rights not expressly granted to you in these Terms of Use are reserved to M3 Tech. You will not assert against M3 Tech, its subsidiaries and suppliers any rights or any claims to any rights, in any part of the Service.
12.2
Subject to the agreement between your licensee brokerage firm and M3 Tech, the agreement between you and your licensee brokerage firm, and subject to applicable privacy laws, you retain all rights in and to Client Data.
12.3
M3 Tech retains all rights to aggregated anonymized Client Data, meaning that it irreversibly can no longer be used to identify you or a physical person directly or indirectly.
12.4
You grant to M3 Tech a perpetual, irrevocable and royalty-free right to use and incorporate into the Service any suggestion, enhancement request or the feedback you provide, without any obligation to you.
13. Termination
13.1
You may terminate your use of the Service at any time by notifying your brokerage firm and no longer using the Service.
13.2
M3 Tech may suspend or terminate your use of the Service immediately if you do not comply with these Terms of Use.
13.3
Use of the Service will be terminated automatically in the event the existing agreement between you and your licensee brokerage firm is terminated, or if the existing agreement between your licensee brokerage firm and M3 Tech is terminated.
14. General Provisions
14.1
Changes. M3 Tech may change parts of these Terms of Use at any time. By clicking the “I accept” button at login or by continuing to use the Service, you agree to be bound by any such revisions. You should therefore periodically review these Terms of Use.
14.2
Severability. If any part of these Terms of Use is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
14.3
No Waiver. The failure or neglect by M3 Tech to enforce any of the rights under these Terms of Use will not be deemed a waiver of its rights.
14.4
Survival. Any Section of these Terms of Use which should by law or by its nature survive the termination of these Terms of Use, will survive regardless of the reasons for their termination.
14.5
Force Majeure. M3 Tech will not be liable for any failure or delay in the performance of these Terms of Use for the period that such failure or delay is beyond the reasonable control of M3 Tech and could not reasonably have been foreseen or provided against. Force majeure events include war, terrorist attacks, civil unrest, pandemics, or natural disasters that fall under the act of God category, such as a flood, earthquake or hurricane.
14.6
Governing Law and Jurisdiction. These Terms of Use will be governed in accordance with the laws of the Province of Quebec and applicable laws of Canada. All disputes will be subject to the exclusive jurisdiction of the courts located in Montreal.