Terms of Use

*We need to make modifications based on Claude

*NB: The privacy policy for Troubadour can be found at https://www.nanomonx.com/info/politique-confidentialite/fr-CA

The one for Boreal Tales can be found at https://www.nanomonx.com/info/politique-confidentialite-cdo/fr-CA​

V2.4 September 2025

This Agreement (as defined herein) is a legal agreement between you, the Manager, and Nanomonx inc. ("Nanomonx"), located at 8955 André-Grasset, suite 201, Montreal, Quebec, H2M 2E9.

IMPORTANT INFORMATION – PLEASE READ CAREFULLY

THIS AGREEMENT GOVERNS THE USE OF THE SERVICES, NAMELY THE BOREAL TALES SERVICE CONSISTING OF SOFTWARE APPLICATION DESIGNED FOR THE EDUCATION DOMAIN, AS WELL AS ITS ASSOCIATED WEB INTERFACE AND THE TROUBADOUR SERVICE CONSISTING OF A WEB INTERFACE FOR STUDENTS AND MANAGERS AS WELL AS AN ADMINISTRATOR WEBSITE.

THIS AGREEMENT COVERS THE USE OF THE SERVICES AND ALL RELATED RESOURCES INCLUDING, WITHOUT LIMITATION, DOCUMENTATION, HELP, GUIDELINES AND ANY OTHER SERVICE OFFERED BY NANOMONX, INCLUDING THE DOWNLOADING OF PROGRAM UPDATES.

THIS AGREEMENT DESCRIBES THE FULL SCOPE OF NANOMONX'S RESPONSIBILITY AS WELL AS THE EXCLUSIVE EXTENT OF YOUR REMEDIES REGARDING THE SERVICES. IT CONSTITUTES A COMPLETE FORMULATION OF THE AGREEMENT CONCLUDED BETWEEN YOU AND NANOMONX.

NO PERSON, INCLUDING NANOMONX EMPLOYEES, IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO CONCLUDE CONTINGENT AGREEMENTS ON BEHALF OF NANOMONX, EXCEPT UNDER AN EXPLICIT DOCUMENT FOR THAT PURPOSE AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NANOMONX.

BY COMPLETING THE PROCESS OF CREATING YOUR MANAGER ACCOUNT, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS AND PROVISIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH CREATING YOUR MANAGER ACCOUNT.

Please read carefully the terms of this Agreement before using the Services (as defined herein) offered by Nanomonx, which is the owner and operator of the Website and Application (as defined herein). By registering to use the Services in any way, you acknowledge having read and agree to be unconditionally bound by the terms of this Agreement. If you do not unconditionally accept all the terms of the Agreement (as defined herein), you are prohibited from accessing or using the Services. Use of the Services is expressly conditional upon your consent to all the terms of the Agreement. If the conditions of this Agreement are considered an offer, acceptance is expressly limited to the agreed conditions.

You represent and affirm to Nanomonx that: (i) you are an individual and not a corporation; (ii) you are of legal age to establish a contract; (iii) you are a teacher in a classroom or an education professional and all information submitted during registration is accurate and truthful; (iv) you will maintain the validity of this information; (v) if you accept this agreement on behalf of an institution, company or any other legal entity, you have the necessary authority to bind this institution or company or any other legal entity to this agreement. You certify that you have legal authorization to use and access the Services. This Agreement is not valid where prohibited by law and the right to access the Services is revoked in these jurisdictions.

1. DEFINITIONS

As used in this Agreement, the following terms have the following definitions, regardless of whether they are used in singular or plural forms:

1.1. "Agreement" refers to this terms of use agreement;

1.2. "Content" shall mean any material displayed or accomplished within the Services, including, but not limited to, texts, images and illustrations;

1.3. "Manager" shall mean you, as manager of all aspects of the use of the Services by you and your students;

1.4. "Privacy Policy" shall mean Nanomonx's current privacy policy according to the platform(s) you use, updated to ensure compliance with Quebec's Law 25, FERPA, COPPA and other applicable regulations, which can be consulted at https://www.nanomonx.com/info/politique-confidentialite/fr-CA for Troubadour or at https://www.nanomonx.com/info/politique-confidentialite-cdo/fr-CA for Boreal Tales, and which may be amended, supplemented, rewritten and/or updated from time to time;

1.5. "Services" shall mean the Boreal Tales service and the Troubadour service, including applications and websites under the domains nanomonx.com, troubadour.nanomonx.com and constellation.nanomonx.com;
Please note that only these three domains and subdomains are covered by this document. If Nanomonx uses other subdomains or domains for different reasons or products, these subdomains will have their own privacy policy and terms of use.

1.6. "Manager Account" shall mean the account you created for yourself on the Website, allowing you to manage your use of the Services;

1.7. "Student Account" shall mean a student's account as created by the Manager, the Student or an account created by a Manager to act as a Student;

1.8. "Account" shall mean one and/or the other of Manager Accounts and Student Accounts;

1.9. "Boreal Tales Application" shall mean all versions of the Boreal Tales game on all platforms where it is available, including Windows, iOS, Mac OSx, or others;

1.10. "Boreal Tales Management Site" shall mean the website for managing the use of the game by your students, accessible through the following link https://constellation.nanomonx.com;

1.11. "Troubadour Site" shall mean the website accessible to Students and Managers to use Troubadour, accessible through the following link https://troubadour.nanomonx.com;

1.12. "Administrative Site" shall mean the website used by Managers to access the Services, accessible through the following link www.nanomonx.com;

1.13. "Public Bulletin Board" shall mean Troubadour's functionality allowing public publication of student work, making these creations visible on the Internet to a broader audience.

2. GAME ACCESS

2.1. Nanomonx owns and operates the Services.

2.2. Nanomonx may change, suspend or discontinue, in whole or in part, the Services at any time. Nanomonx may impose limits on certain features or services or limit access, in part or in whole, to the Services without notice or compensation.

2.3. Nanomonx reserves the right, at its sole discretion, to modify this Agreement at any time by sending you an email in advance. It is your responsibility to reread and familiarize yourself with the modifications made. Your use of the Services following such modifications signifies your consent to these same modifications.

2.4. It is your responsibility to obtain and maintain any auxiliary equipment or service necessary for connection, accessibility or use of the Services including, but not limited to, modem, hardware, software, projection equipment, Internet access and telephone services. The compatibility of your equipment and auxiliary services with Nanomonx's Services is also your responsibility.

3. SCOPE AND DURATION

This Agreement is valid as long as you use Nanomonx's Services. You may terminate it by notifying Nanomonx in writing, in which case your Manager account and associated Student accounts will be deleted, and you will no longer be able to use the Services unless you re-register by accepting the terms of this Agreement again and creating a new Manager Account.

4. COPYRIGHT

4.1. Nanomonx owns and retains all rights, titles, and interests relating to the Services, including intellectual property rights.

4.2. The Services and all related resources are protected by Canadian laws and relevant provisions of international copyright treaties, and you agree not to remove or otherwise conceal any copyright identification or other similar property notice appearing thereon.

4.3. No material available in the Services or on Nanomonx's website may be copied, reproduced, republished, downloaded, transmitted or distributed in any way without the explicit written consent of Nanomonx.

4.4. No material available in the Services or on Nanomonx's website may be modified in any way without the explicit written consent of Nanomonx. Such action would constitute a direct violation of Nanomonx's copyrights, trademarks and other related rights.

4.5. You are strictly prohibited from reverse engineering, decompiling or disassembling the Services or any of their components.

4.6. You agree not to disclose to any of Nanomonx's potential competitors any trade secrets or others that you may have become aware of concerning the Services.

4.7. The Services and related resources may have been designed and/or developed by third parties, in whole or in part, and may contain software with the authorization of these third parties, which may hold you responsible for any copyright violation or breach of this agreement.

4.8. This Agreement in no way limits the rights of Nanomonx or its partners under laws relating to trade secrets, copyrights, patents or others.

4.9. "Nanomonx", "Boreal Tales" and "Troubadour" are trademarks of Nanomonx Inc. The display of these trademarks in the Services neither conveys nor creates any license or other right to these trademarks, trade names and presentations, nor to related products and services. Any use of these, without prior written authorization from Nanomonx, is strictly prohibited.

5. YOUR ROLE

5.1. As a Manager, you acknowledge being responsible for granting Students access to the Services. You are responsible for creating and assigning Student Accounts to each of your students as well as installing the Application on devices used by students in the case of the "Boreal Tales" service.

5.2. As a Manager, you are responsible for authorizing access to the "Boreal Tales" Service and/or the "Troubadour" Service by creating and managing Students' usernames and passwords.

5.3. As a Manager, you are responsible for monitoring and managing all content generated by Students. Nanomonx does not monitor or manage published content and is not responsible for published content. You accept full responsibility and ensure that published content conforms to the following guidelines:

5.3.1. Displayed elements may not include communications or solicitations intended to obtain passwords, account numbers or private information from Service users.

5.3.2. Displayed elements must not include illegal material, including any material that may be deemed threatening, inappropriate or obscene.

5.3.3. Displayed elements must not include software or software code that could be executed from within the Services.

5.4. Specific Responsibilities for the Public Bulletin Board

As a Manager, you acknowledge that Troubadour's Public Bulletin Board constitutes a public publication visible on the Internet. You agree to:

5.4.1. Obtain appropriate consent before any publication on the bulletin board:

• In Quebec: Mandatory consent from legal guardian or parent for minor students (in accordance with Quebec's Law 25)
• Other jurisdictions: Consent according to local laws for protection of minors and privacy

5.4.2. Clearly inform parents and students that the bulletin board makes work visible publicly on the Internet

5.4.3. Respect any refusal or withdrawal of consent for public publication

5.4.4. Distinguish educational use in class (which does not require special consent) from public publication on the bulletin board (which does require it)

5.4.5. Preferably use pseudonyms rather than students' real names for public publications

5.5. Compliance with Quebec's Law 25

For users in Quebec, you agree to respect the principles of Law 25:

5.5.1. Free and informed consent: You will obtain specific consent for any use of student creations beyond the strictly educational framework

5.5.2. Right of withdrawal: You will respect parents' right to withdraw their consent at any time

5.5.3. Data minimization: You will preferably use pseudonyms rather than students' real names to protect their privacy

5.5.4. Specific purposes: You will clearly specify the purposes of use when requesting consent

6. PRIVACY POLICY

For information regarding Nanomonx's treatment of your personal information, please refer to the Privacy Policy, to which this agreement refers.

7. PARENTAL CONSENT AND PUBLIC PUBLICATION

7.1. Publication on the Bulletin Board: Publishing student work on Troubadour's Public Bulletin Board constitutes a public online posting visible on the Internet. This functionality requires:

• Informed and specific consent from the legal guardian (minor students)
• Clear information about the public nature of the publication
• Respect for the right to withdraw consent

7.2. Consent Form: A parental consent form is available to facilitate this process, but institutions may use their own forms compliant with their jurisdiction.

7.3. Compliance Responsibility: It is the responsibility of the educational institution to ensure that consents obtained comply with applicable laws in its jurisdiction.

7.4. Distinction of Uses:

• Educational use (within the classroom): Authorized under normal pedagogical authority
• Public publication (bulletin board): Requires specific parental consent

8. YOUR WARRANTIES

8.1. You accept and acknowledge that any suggestion you propose to Nanomonx to improve, increase, diversify or otherwise modify the Services belongs to Nanomonx without Nanomonx being obligated to compensate you anything. You hereby assign and agree to assign to Nanomonx all rights and interests relating to suggestions, and waive and agree not to exercise any moral rights in connection with suggestions.

8.2. You certify, represent and agree that you will not provide any Content or use the Services in a way that (i) infringes or violates intellectual property or property rights, publicity and privacy rights or any other right of a third party; (ii) goes against any law, decree or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene or reprehensible; or (iv) compromises the security of your Account in any way, such as allowing someone else to access your Account and password.

8.3. Nanomonx reserves the right to revoke any content from its Services at any time and for any reason (including, but not limited to, upon requests or claims from a third party or authority in relation to this content or if Nanomonx fears that you have violated the preceding statement) or without any reason. You, and not Nanomonx, remain responsible for any content you upload, display, email, broadcast or propagate using, or in connection with, the Services and you certify that you possess all necessary rights to provide this content to Nanomonx and you assign to Nanomonx the rights to use this information in connection with the Services and in accordance with the provisions hereof.

8.4. You must defend, indemnify and hold harmless Nanomonx, its parents, subsidiaries, affiliates, officers and employees against any damage, loss, cost or expense (including attorney fees) claim or commitment, which may be exercised at any time, arising from your access to the Services, use of the Services, violation of this agreement or an infringement by you, or a third party using your interpretation, regarding intellectual property or any other right of the person or legal entity.

9. RESTRICTIONS

9.1. You are responsible for any activity related to the Services. Any fraudulent, abusive or illegal activity may justify termination of the right to access or use the Services.

9.2. You may not publish or transmit, or cause the publication or transmission of, communication or solicitation intended or designed to obtain passwords, account numbers or private information from users.

9.3. Using the services to violate the security of any computer network, crack passwords or encryption codes, transfer or store illegal material (including material that may be deemed threatening or obscene) or participate in any illegal activity is strictly prohibited.

9.4. You are prohibited from decompiling or reverse engineering or attempting to obtain the source code of the Services.

9.5. You are responsible for all withholding, production and declaration of taxes, duties and other government contributions in association with your activities in the Services.

9.6. If you share access to your account with another person, you remain responsible for the use of your account made by that person to the same extent as if you had used it yourself personally.

10. WARRANTY DISCLAIMER

10.1. Nanomonx has no privileged relationship with you or fiduciary obligation to you. You acknowledge that Nanomonx has no control over and no duty to act regarding: which user gets access to the Services; what Content you access from the Services; what effect this Content may have on you; how you might interpret or use the Content; or what action you might take following use of the Content.

10.2. The Services, Content and programs are provided "as is", without warranty of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for particular functions, non-infringement or that use of the Services will be uninterrupted or error-free.

11. REGISTRATION

11.1. One of the conditions for using the Services is that you must register with Nanomonx and select a username. In addition to your declaration and warranty in the preamble of the agreement, you must provide Nanomonx with information during registration that is valid, complete and updated. Failure to do so constitutes a violation of the agreement which may cause immediate termination of your account.

11.2. You must not (i) select or use another person's username with the intention of impersonating that person; or (ii) use as a username a name subject to the rights of a person other than you without appropriate authorization.

11.3. At its discretion, Nanomonx reserves the right to refuse registration or cancel a username. You are responsible for maintaining the confidentiality of your password.

11.4. Nanomonx reserves the right to modify its pricing for certain services and to implement new fees at any time, after informing you by email or posting this information on its website. If you continue to use these services after receiving such notification, this use constitutes your acceptance of the new increased fees.

11.5. PAYMENTS ARE NON-REFUNDABLE AND THERE IS NO REFUND OR CREDIT FOR PARTIAL USAGE PERIODS. Following cancellation of your subscription, you will continue to have access to the Services until the end of your prepaid period. At any time, for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credit"). The amount and form of these credits, and the decision to provide them are at our sole and absolute discretion. Receiving a credit does not grant you the right to receive others in the future for similar circumstances nor does it oblige us to provide you with such credits in the future, under any circumstances.

11.6. You may cancel your subscription at any time and you will continue to have access to our Services until the end of your prepaid period.

11.7. Nanomonx reserves the right to cancel this agreement at any time when payment is, for any reason, late.

11.8. If you or your students use the Services on a mobile device or via the Internet, you may incur additional charges from your mobile and/or Internet service providers. These additional charges are the sole responsibility of the user and Nanomonx cannot be held responsible for them.

12. TERM AND TERMINATION

12.1. Nanomonx may suspend or terminate your access to the Services or your Account, at any time, regardless of reason (without cause or due to your violation of terms of this Agreement), and without warning or notice, which may result in loss or destruction of any information related to your subscription. Following termination of your Account, your rights to use the Services, access to the Website and any content will cease immediately.

12.2. All provisions of this Agreement, which by their nature could survive termination shall survive termination including, but not limited to, ownership provisions, warranty disclaimers and liability limitations.

12.3. In the event of cancellation of this Agreement by Nanomonx, Nanomonx cannot be held responsible for any damage exceeding the amount paid for use of the services.

12.4. Nanomonx shall not be liable in any way for any indirect, special or incidental damages (including damages for loss of business opportunities, loss of profits or investments or other similar loss) arising from breaches of contract, warranty violations, tort liability (including negligence), manufacturer liability or otherwise, even if Nanomonx was previously advised of the possibility of such damages, and even if a remedy provided herein proved unsuccessful and unable to satisfy its specific purposes.

12.5. Early termination or expiration of this Agreement shall not serve to limit the rights and remedies available to Nanomonx that were acquired before said terminations or expirations.

13. APPLICABLE LAW

13.1. This Agreement is deemed to have been concluded in Montreal, Province of Quebec.

13.2. The validity and enforcement of this Agreement are governed by the laws of the Province of Quebec. This Agreement shall be interpreted fairly and not strictly in favor of either party.

13.3. If any provision of this Agreement is invalid or unenforceable under applicable laws, such provision shall be deemed omitted and the other provisions shall remain fully valid, applicable and in force.

14. PERSONAL DATA PROTECTION

14.1. Regulatory compliance: Nanomonx commits to respecting all applicable laws regarding personal data protection, notably Quebec's Law 25, FERPA, COPPA, and other relevant regulations according to jurisdiction.

14.2. Data minimization: We collect only data strictly necessary for the educational functioning of our services and favor the use of pseudonyms to protect students' privacy.

14.3. User rights: Parents and eligible students have rights of access, rectification, deletion and withdrawal of consent in accordance with applicable laws in their jurisdiction.

14.4. Reference to Privacy Policy: For more details on personal data processing, consult our updated Privacy Policy which details our data protection practices.

15. GENERAL PROVISIONS

15.1. Nanomonx is not responsible for any failure to fulfill the obligations mentioned below when these failures are the result of causes beyond Nanomonx's reasonable control, including, but not limited to, mechanical, electronic or communication failures or degradations (including interference due to line noise).

15.2. No negligence or abandonment, by either party, to exercise its rights shall be considered or interpreted, by either party, as abandonment of its rights.

15.3. You may not assign, transfer or sublicense this Agreement without prior written consent from Nanomonx.

15.4. Nanomonx may assign, transfer or delegate this Agreement and Nanomonx's rights and obligations without your consent.

15.5. The parties agree that this Agreement is the complete and exclusive statement of mutual understanding of the parties and supersedes and cancels any prior written and oral agreement or communication and any other understanding relating to the subject of this Agreement, and that subject to section 2.3, any modification must be made in writing by both parties, unless otherwise indicated herein.

15.6. This Agreement and any subsequent version posted on the website will be considered as a writing signed by both parties.

15.7. No agency, association, joint venture or employment is created by this Agreement. You do not have the authority to bind Nanomonx in any way.

Student Copyright Rights - Nanomonx inc

This policy aims to clarify copyright rights relating to student creations produced and shared on Nanomonx inc.'s educational platforms. It seeks to establish a balance between promoting student creativity and appropriate copyright protection. The fundamental principles are as follows:

1. Ownership of Creations

Students retain full intellectual property ownership of their creations made within educational activities using Nanomonx platforms.

2. Educational Use License

For adult students: By using the platform, they grant their educational institution a non-exclusive, free and revocable license.

For minor students: The use of their creations within the educational framework is carried out under the pedagogical authority of the teacher and the institution, in accordance with the educational mandate entrusted by parents during school enrollment.

This educational authorization allows:

• Using, reproducing, displaying and distributing creations strictly within the classroom
• Using creations for evaluation, pedagogical feedback and educational demonstration purposes

3. Public Bulletin Board (Special Consent Required)

Sharing a student creation on Troubadour platform's Public Bulletin Board constitutes a public publication visible on the Internet. This functionality requires specific and informed consent according to applicable legislation:

Consent required according to jurisdiction:

• In Quebec (Law 25):Mandatory consent from legal guardian or parent for minor students
• In other jurisdictions: Consent according to local laws on protection of minors and privacy

The educational institution must:

• Verify the legal requirements of its jurisdiction
• Obtain appropriate consent BEFORE any publication on the bulletin board (a parental consent form is available to facilitate this process, but institutions may use their own forms)
• Clearly inform that the publication will be visible publicly on the Internet
• Respect any refusal or withdrawal of consent

Compliance responsibility: It is the responsibility of the educational institution to ensure that consents obtained comply with applicable laws in its jurisdiction.

4. Consent for Other Non-Educational Uses

Any other use or publication of a student creation outside the strict educational framework follows the same consent requirements according to applicable jurisdiction.

5. Withdrawal and Deletion Rights

Adult students or authorized legal representatives of minor students (according to applicable jurisdiction) may at any time:

• Withdraw their consent for publication on the bulletin board
• Request immediate removal of creations from the public bulletin board
• Request deletion of creations from the platform

6. Personal Data Protection

The collection, use or disclosure of personal information respects data protection laws applicable in each jurisdiction, notably Quebec's Law 25, FERPA, COPPA and other relevant regulations.

This policy is designed to ensure a stimulating educational environment while respecting students' rights as creators. Teachers and students are invited to familiarize themselves with this policy and collaborate to foster a culture of copyright respect within our educational community. For any questions or concerns, please contact us at info@nanomonx.com.