Terms of Use
Table of Contents
Last update : April 1, 2026
Please read these Terms of Use (the “Terms”) carefully, as they govern your use of and access to the ProgressionLIVE software platform (the “Platform”), including all user guides relating to the Platform and, where applicable, any materials that may be provided to you by Diffusion Solutions Intégrées inc. (hereinafter “Progression”) (respectively, the “Documentation”, “we” or “our”). For clarity, these Terms apply to any user of the Platform (“you” or “your”), whose access is provided through an agreement concluded between Progression and any person who legally controls the association of your user account with a business account (the “Business Account Holder”).
To the extent permitted by law, we reserve the right, in our sole and absolute discretion, to modify these Terms, or any part thereof, at any time. In such case, Progression will provide you with at least thirty (30) days’ prior notice before the modified Terms come into effect. The modified Terms will take effect upon publication and will apply to your use of the Platform from that point forward.
1. ACCESS TO THE PLATFORM
Subject to your strict compliance with these Terms and in accordance with the Documentation, access to the Platform is granted to you for the internal business needs of the Business Account Holder. Your access will terminate upon the earliest of the following: (i) the agreement between Progression and the Business Account Holder terminates or is terminated; (ii) you cease using the Platform and delete your account; or (iii) you cease to be authorized by the Business Account Holder to use the Platform for any reason. For clarity, the termination of your business and/or employment relationship with the Business Account Holder, or the expiration or termination of the agreement between Progression and the Business Account Holder, automatically revokes your access rights to the Platform. In such case, and subject to compliance with these Terms, your user account will, within thirty (30) days following any such event, be removed from the Business Account Holder’s business account and you will automatically lose access to your Content (as defined below) and the various features available on the Platform (as defined in Article 4.2).
2. USER ACCOUNT
2.1 Account Creation.
Access to the Platform’s features requires the creation of a user account. To create an account, you must complete the registration process by providing current, complete and accurate information as requested by the applicable registration form, or following an invitation received from the Business Account Holder. You must also provide an email address or telephone number and choose a secure password. In the event of a breach of this paragraph, Progression may terminate your right to access and use the Platform, at its sole and absolute discretion.
2.2 Account Responsibility.
You are entirely responsible for maintaining the confidentiality of your password and account. In addition, you are entirely responsible for all activities that occur under your account. Where applicable, you agree to immediately notify the Business Account Holder of any unauthorized use of your account or any other security breach.
2.3 Privacy Policy.
Any collection and use of your personal information through the Platform is governed by our Privacy Policy available at: https://www.progressionlive.com/en/privacy-policy/, which forms an integral part of these Terms. In the event of a conflict between the terms of the Terms and those of the Privacy Policy with respect to the collection and use of your personal information, the terms of the Privacy Policy shall prevail.
2.4 Account Security.
Although we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to breach the Platform’s security measures or make inappropriate use of your personal information.
2.5 Liability for Account Misuse.
To the extent permitted by law, Progression will not be liable for any loss, including loss of data associated with your account, that you may suffer as a result of another person’s use of your password or account (whether or not with your knowledge), including any loss of data associated with your account, provided that such losses do not result from a breach of Progression’s obligations under these Terms or applicable law.
2.6 Use of Other Accounts.
You may not, at any time, use another person’s account, except, where applicable, with the account holder’s authorization as their duly authorized agent.
2.7 Account Deletion.
Progression reserves the right to delete any account that is no longer needed following notice to that effect by you, or that has been inactive for a period of more than six (6) months. For the avoidance of doubt, the deletion of an inactive account does not affect the Personal Information retention obligations set out in the Privacy Policy and applicable law. An account is considered inactive if it is no longer linked to any business account held by a Business Account Holder, or if you have not logged into the Platform for more than six (6) months. Where applicable, Progression reserves the right to delete any account that has become unnecessary and is linked to the Business Account Holder’s account, upon notification to the Business Account Holder.
3. USE OF THE PLATFORM
3.1 Access and Use.
Subject to your strict compliance with these Terms, you are authorized to access and use the Platform in accordance with the Documentation, solely in compliance with Article 1 above.
3.2 Features.
Subject to your strict compliance with these Terms, the Platform allows you, among other things and where applicable, to: (i) manage quotes and invoicing; (ii) plan and optimize tasks; (iii) generate dispatch schedules; (iv) create print templates; (v) automate certain tasks or notifications; or (vi) evaluate and improve customer satisfaction. Progression may also offer new services and/or features through the Platform (including the publication of new tools and resources); such new services and/or features will then be subject to these Terms.
3.3 Accuracy of Information.
Progression makes commercially reasonable efforts to ensure that the information available on the Platform is accurate and up to date. However, it may happen that certain information displayed on the Platform contains typographical errors, inaccuracies or minor omissions. In such case, and to the extent permitted by law, we reserve the right to correct any errors, inaccuracies or minor omissions on the Platform without affecting your current use of the Platform.
3.4 Restrictions.
You shall not, directly or indirectly: (i) copy, modify or create derivative works from the Platform or Documentation, in whole or in part; (ii) rent, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Platform or Documentation available; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform or Documentation (if any); or (v) use the Platform or Documentation as a service bureau, on a time-shared basis or in any other manner allocated to third parties; (vi) use the Platform contrary to the Documentation; (vii) provide passwords or other Platform login information to third parties; (viii) share Platform content features with third parties; (ix) probe, scan, test the vulnerability of or circumvent any security mechanism used by websites, servers or networks connected to the Platform; (x) take any action that imposes an unreasonable or disproportionate burden on the websites, servers or networks connected to the Platform; (xi) access (or attempt to access) or use the data of other authorized users through the Platform; (xii) knowingly diminish or impede access to the Platform; (xiii) access or use the Platform to create a similar or competing platform or service; (xiv) copy personal and/or confidential information without rights that may be viewed on the Platform; or (xv) use the Platform or Documentation in a manner or for a purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, including applicable personal information protection laws. Failure to comply with the obligations set out in these Terms may result in termination of Platform use privileges and deletion of the offending user’s account.
3.5 Platform Suspension.
Notwithstanding any other provision of these Terms, Progression may temporarily suspend your access to all or part of the Platform if Progression reasonably determines that: (i) there is a threat or attack on any component of the Platform; (ii) your use of the Platform disrupts or poses a security risk to the Platform or any other user of the Platform; (iii) you are using the Platform for fraudulent or illegal activities; (iv) your use of the Platform is prohibited by applicable laws; or (v) your use of the Platform is in violation of the provisions of these Terms (each, a “Suspension”). Progression will endeavor to notify the Business Account Holder in writing, to the extent possible, of any Suspension and to provide updates regarding the resumption of access to the Platform following a Suspension. Subject to the rights and remedies available to Progression under these Terms and applicable law, Progression will use commercially reasonable efforts to make access to the Platform available as soon as reasonably possible after the event giving rise to the Suspension has been remedied or after the maintenance period has ended. To the extent permitted by law, Progression is not liable for any damages, losses (including any loss of profits) or any other consequences you may suffer as a result of a Suspension.
3.6 Compliance Measures.
The Platform may contain copy protection technology or other security features designed to prevent unauthorized uses of the Platform, including features protecting against uses of the Platform: (i) beyond the scope of the access rights granted under these Terms; and/or (ii) prohibited under Article 3 hereof. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to such copy protection or security features.
4. COLLECTION AND USE OF INFORMATION ; AGGREGATED DATA
4.1 Collection and Use of Information.
Progression may, directly or indirectly, through third-party services, collect, record and store information, including Content (as defined below) relating to the use of the Platform and the equipment through which the Platform is accessed and used, by means of: (i) the provision of maintenance and support services; (ii) the security measures included in the Platform as described in paragraph 3.6 above; and (iii) transmission over the Internet. You agree that Progression may use this information for any purpose related to your use of the Platform, including, without limitation: (a) the provision of support services; (b) improving Platform performance, studying trends, or developing updates and/or new features; and (c) verifying compliance with the terms of these Terms and enforcing Progression’s rights, including all intellectual property rights in and to the Platform.
4.2 Aggregated Data.
You acknowledge and agree that Progression may: (i) monitor your use of the Platform, collect and compile aggregated data based on such use, provided that such data does not contain personal information; and (ii) compile and anonymize (within the meaning of applicable personal information protection laws, including irreversibly) personal information in accordance with generally recognized best practices and the criteria and terms determined by applicable laws and regulations, where applicable (collectively, the “Aggregated Data”). All rights, title and interests in and to the Aggregated Data belong to Progression. You acknowledge and agree that Progression may generate Aggregated Data based on the data you have created, uploaded, submitted, used or otherwise disclosed to Progression or its representatives in the course of your use of the Platform.
5. USER CONTENT
5.1 Ownership of Content.
Your user account is associated with a business account through an agreement between Progression and a Business Account Holder. In this regard, you acknowledge that all content and information entered, uploaded, imported or created (such as text, personal information or any other material) that you import or communicate through the Platform, or that you otherwise provide to Progression hereunder (the “Content”), with the exception of Feedback (as defined below), belongs to the Business Account Holder.
5.2 Content License.
By submitting Content on the Platform, you grant the Business Account Holder a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable license to reproduce, adapt, translate, share, publish, modify and generally use the Content in connection with the Platform, whether for commercial or non-commercial purposes, on any platform and any media known or unknown to date, limited however to the use necessary to operate the Platform in accordance with these Terms and the Privacy Policy. You agree and acknowledge that neither Progression nor the Business Account Holder has any obligation to identify you as the author of such Content. You further agree to complete and execute any documents that Progression or the Business Account Holder may reasonably request in order to give full effect to this provision.
5.3 Netiquette; Deletion.
At any time, when providing any Content hereunder, you agree not to make any statement that could be considered, at Progression’s sole and absolute discretion, as: (i) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language); (ii) involving vulgar, obscene or malicious language; and (iii) disclosing the personal information or confidential information of others. At any time, Progression may, in its sole discretion, delete any Content that does not comply with these Terms or that may, at Progression’s discretion, be inappropriate.
5.4 Content Responsibility.
You agree and accept that you are responsible for all Content you provide hereunder. Accordingly, you represent and warrant to Progression that: (i) you are the sole and exclusive owner of the Content, or that you have all the rights, licenses, permissions, consents and releases necessary to grant Progression rights in such Content; and (ii) neither the Content, nor its publication or transmission, nor Progression’s use of the Content will violate the rights of any third party, including intellectual property rights, personality rights and the right to privacy, or any law or regulation, Canadian or foreign.
5.5 Platform Management.
Progression reserves all rights relating to the administration of the Platform, including the right to remove without notice any Content that, at Progression’s sole and absolute discretion, does not comply with the rules set out in these Terms.
5.6 Content Review.
You acknowledge and agree that Progression has no obligation to review Content posted on the Platform, or to monitor your access to or use of the Platform, but that it has the right to do so, in order to ensure compliance with these Terms, applicable laws, court orders, governmental directives or other requirements.
5.7 Third-Party Content.
Through the Platform, you may use and/or access Content provided by third parties. Progression cannot guarantee that such Content will be free of material or information that you may find objectionable. Progression disclaims all liability in connection with your access to any third-party Content.
5.8 Complaints.
In the event that you discover Content that violates any of the provisions of this Article 5, Progression invites you to file a complaint, which will be handled confidentially, at the following email address: legal@progressionlive.com, and, where applicable, through the internal processes and hierarchy of the Business Account Holder. Notwithstanding the foregoing, you acknowledge and agree that Progression has no obligation to review content posted on the Platform, including your Content, or to monitor your access to or use of the Platform, but has the right to do so, in order to ensure compliance with these Terms, applicable laws, court orders, governmental standards or any other applicable requirement. Progression reserves all rights relating to the administration of the Platform, including, without limitation, the right to remove without notice any Content that, at Progression’s sole and absolute discretion, does not comply with the rules set out in this Article.
6. INTELLECTUAL PROPERTY
6.1 Platform and Documentation.
You acknowledge and agree that your access to the Platform is provided to you by the Business Account Holder and that you therefore acquire no ownership interest in or to the Platform or Documentation under these Terms, nor any other right in or to the Platform or Documentation, other than the right to access and use the Platform and Documentation in accordance with these Terms. Progression reserves and retains all of its rights, title and interests in and to the Platform and Documentation and all intellectual property rights arising from or related to the Platform and Documentation, subject to the agreement entered into with the Business Account Holder. You are required to protect the Platform and Documentation (including all copies thereof) against any infringement, misappropriation, theft, unauthorized use or unauthorized access.
6.2 Trademarks; Domain Names.
All trademarks, domain names, logos, trade names and other designations of Progression and the Platform (collectively, the “Marks”) are the exclusive property of Progression. All other domain names, trademarks, logos, trade names and other designations are trademarks of their respective owners. You agree to (i) respect Progression’s corporate identity, the Marks and the accompanying marking and symbol standards (i.e., the symbols: ™, ® or others) in accordance with the instructions provided by Progression from time to time; (ii) not use the Marks; (iii) not harm or affect, in any way, directly or indirectly, the image, goodwill and/or reputation enjoyed by Progression in connection with the Marks; (iv) not use Progression’s Marks to promote your products and/or services or those of the Business Account Holder, without Progression’s prior written authorization (which may be withheld at its sole and absolute discretion); and (v) not use or apply for the registration of any trademark, domain name, corporate or business designation, sign or logo that is identical to, similar to, or likely to create confusion with Progression’s Marks.
6.3 Feedback.
If you send or transmit to Progression any communications or materials suggesting or recommending changes to the Platform, including, without limitation, new features or functionalities related thereto, or any comments, questions, suggestions or other (collectively, “Feedback”), Progression will have the right (but not the obligation) to use such Feedback. You hereby assign to Progression, on your behalf, all rights, title and interests in and to the Feedback, and such assignment takes effect as of the date of creation of such rights, title and interests. You agree to waive any moral rights you hold or may hold in and to the Feedback. Without limiting the foregoing, you acknowledge and agree that Progression is free to use, without attribution or compensation to any party, the ideas, know-how, concepts, techniques or other intellectual property rights contained in the Feedback for any purpose whatsoever. You also agree to complete and sign all documents that Progression may reasonably require in order to give full effect to this provision, although Progression is not required to use the Feedback.
6.4 Third-Party Products.
Progression may distribute certain third-party products provided or integrated into the Platform (collectively, “Third-Party Products”). For the purposes of these Terms, such Third-Party Products are subject to their own terms and licenses. If you do not agree to comply with the terms applicable to these Third-Party Products, you must not install or use them. You acknowledge and agree that, as between the parties, the relevant third-party providers hold all rights, title and interests, including all intellectual property rights, in and to the Third-Party Products. Without limiting the generality of the foregoing, you acknowledge and agree that it is your responsibility to comply with the terms of use of the various Third-Party Products whose data may be imported into the Platform under the contract with the Business Account Holder, where applicable.
7. NO WARRANTY
The Platform is provided to you “as is” and “as available” without warranty of any kind. To the fullest extent permitted by law, Progression disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, adequacy of content or availability. Although Progression makes every effort to ensure that the information presented on the Platform is complete and accurate, Progression cannot guarantee that such information is free from errors, omissions and inaccuracies. Progression makes no warranty as to the quality of the content viewed or obtained through the Platform.
8. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Progression, its affiliates (if any), and related entities, as well as their respective directors, officers, employees, agents, representatives, contractors and licensors, be liable to you for your access to and use of Third-Party Products, for the use, interruption, delay or inability to access or use the Platform, including in the event of a failure, network issues, force majeure or any event beyond our control, or for any damages that may result therefrom. Progression may, at any time and without notice, temporarily interrupt access to the Platform for maintenance purposes aimed at its proper operation, without having to provide compensation. To the fullest extent permitted by law, and without limiting the foregoing, Progression will in no event be liable for any direct, indirect, incidental, consequential or punitive damages of any kind relating to your access to and use of Third-Party Products, your relationship with the Business Account Holder, the use or performance of the Platform, the information and data provided through the Platform or their accuracy, or any decision made by you on the basis of such information and data provided through the Platform, including any reports and analyses arising from the use of the Platform. You agree and acknowledge that it is your responsibility to make appropriate decisions based on your own expertise and knowledge. The Platform is provided to you pursuant to the contract between Progression and the Business Account Holder. For clarity, your access to the Platform is solely for the benefit of the Business Account Holder and at the Business Account Holder’s discretion, and you acknowledge and agree that you have no rights under the Terms, including the right to enforce any of its terms. Any obligation or liability that Progression or its affiliates (if any) may have with respect to your use or inability to use the Platform will be solely under these Terms and solely towards the Business Account Holder pursuant to the agreement entered into with Progression and subject to all limitation of liability provisions contained therein. For the avoidance of doubt, Progression’s aggregate liability towards the Business Account Holder remains subject to the monetary cap set out in the applicable master subscription agreement.
9. INDEMNIFICATION
By using the Platform, you agree to indemnify and hold harmless Progression, its affiliated companies (if any), its directors, officers, shareholders, employees, agents and licensors (collectively, the “Progression Indemnitees”) from all damages, claims, liabilities, losses, costs, fines, penalties and debts, including reasonable legal fees, that the Progression Indemnitees may incur or be required to pay, directly or as a result of a third-party claim arising from: (i) your use of the Platform; (ii) any use of your Content authorized by these Terms; (iii) any third-party complaint regarding solicitation emails sent by you; and (iv) any other alleged breach of these Terms by you, including non-compliance with the terms of use of Third-Party Products.
10. EXTERNAL SITES
The Platform may contain hyperlinks to external websites that take you away from the Platform (the “External Sites”). You acknowledge and agree that Progression is not responsible for the availability of these External Sites or for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not signify that Progression endorses or sanctions such External Sites. You acknowledge and agree that you assume all risks arising from your use of External Sites. By using the Platform, you expressly release Progression from any and all liability arising from your use of any External Site, and you are bound by the terms of use and privacy policy applicable to such External Sites.
11. GENERAL PROVISIONS
11.1 Survival.
Provisions that, by their nature, should survive the termination of these Terms will survive termination, including provisions relating to ownership, disclaimer of warranties, limitation of liability and indemnification.
11.2 Notices.
We may send you all required legal notices (including service of legal process) by any lawful method, including posting notices on the Platform or sending notices to any email address you provide when setting up your account on the Platform or that you provide during any other interaction with us or the Platform. You agree to send us notices by transmitting them to: admin@progressionlive.com.
11.3 Waiver; Severability.
Progression’s failure to enforce any right or provision of these Terms does not constitute a waiver of the right to enforce such right or provision in the future. A waiver of any such right or provision will only be effective if made in writing and signed by a duly authorized representative of Progression. Except as expressly provided in these Terms, Progression’s exercise of any of its remedies under these Terms is without prejudice to its other remedies. If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
11.4 Force Majeure.
Progression is not liable to you, and will not be deemed to be in default or in breach, due to a failure or delay in the performance of its obligations under these Terms where such failure or delay is due to unforeseeable events beyond its control, such as strikes, labour disputes, civil unrest, riots, rebellions, invasions, hostilities, wars, terrorist attacks, embargoes, natural disasters, epidemics, pandemics, floods, tsunamis, fires, sabotage, fluctuations or unavailability of electrical power, heat, light, air conditioning or the licensee’s equipment, loss and destruction of property, or any other circumstance or cause beyond Progression’s reasonable control.
11.5 Invalidity or Unenforceability.
If one or more provisions of these Terms are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of these Terms. These Terms will then be interpreted as if the invalid or unenforceable provision had never been part of these Terms.
11.6 Governing Law and Jurisdiction.
These Terms are governed, interpreted and enforced in accordance with the laws of the province of Quebec and applicable federal laws, without regard to conflict of laws rules. The parties agree that any dispute of any nature in connection with, arising from or in any way relating to these Terms must be brought and settled exclusively in the judicial district of Trois-Rivières, in the province of Quebec, and waive any objection that such venue is inconvenient or inappropriate, except with respect to seeking and obtaining injunctive relief, in which case such relief may be obtained from any court of competent jurisdiction.
11.7 Contact Us.
Progression welcomes your comments, questions and feedback, which may be sent to: support@progressionlive.com.
