Terms of use

Mon Système Fourrager Inc («MSF», «we», «us», «our»), headquartered at 7-2244 rue De Chambly, Montreal, Quebec H1W 3J5, welcomes you to its website. www.bergere.ca (the «Site») and the following software and applications:

herd management software BerGère (French version) ;
its English version EweManage ;
mobile applications Caprilog, Androvin and Androvin Mini (collectively, the «Applications»).

The Site, the BerGère / EweManage software and the Applications (together the «Services») are intended for professional users, mainly producers and managers of sheep and goat flocks, wishing to efficiently manage their farms and their breeding data («you», «your», or «user»).

Please read all of the following terms and conditions carefully before proceeding, as your access to and use of the Site, the BerGère / EweManage software and the Applications are subject to these Terms of Use.

1. Acceptance of Terms of Use

These Terms of Use are between you and MSF and govern your access to and use of the Site and all content, information, products and services available on or through the Site, the BerGère / EweManage software and the Applications.

Each time you use the Site, the BerGère / EweManage software or the Applications, you represent and warrant that you agree to be bound by the then current version of these Terms of Use and represent and warrant that you are legally authorized to accept these Terms of Use on behalf of yourself and any person or company you purport to represent.

Finally, to use the Services, you must reside in Canada and be at least 18 years of age or have the authorization of a parent or guardian.

2. Site content

Through the Site, MSF provides users with access to content related to sheep and goat flock management, including, without limitation, technical information, user guides, help documents, articles and other resources (the «Content»).

The Content consists of :

content accessible publicly and free of charge on the Site (the «Public Content»), and
where applicable, reserved content accessible to users having acquired a license or benefiting from specific access provided by MSF (the «Reserved Content»).

The nature and quantity of Content may vary over time and according to the level of access MSF grants you.

WARNING. Certain elements of the Content displayed on the Site, such as articles or other documents, express the point of view of their respective authors, which may not be the point of view of MSF, its shareholders, affiliates, directors, officers, employees, representatives or partners. The Content is made available for informational purposes only and does not and shall not constitute advice or recommendations that may engage MSF's liability in any manner whatsoever. You are solely responsible for ensuring that the Content and its use are acceptable to you and for deciding whether or not to use it. MSF makes no representations or warranties with respect to the Content and its use as set forth in Section 14.

3. Description of Services

Services include :

the Site www.bergere.ca ;
BerGère / EweManage software installed locally on the user's computer; ;
Caprilog, Androvin and Androvin Mini mobile applications.

3.1 BerGère / EweManage software

The BerGère / EweManage software is a sheep and goat flock management tool that allows you to :

record and track animal identification information; ;
document reproductive events (matings, diagnoses, births, abortions); ;
monitor growth, performance, mortality and reforms ;
manage animal inventories and movements; ;
generate technical, monitoring and management reports; ;
prepare data that can be transmitted, when you choose, to external associations or programs.

The BerGère / EweManage software is installed locally on your computer. The data you enter is stored on your own devices and can be retrieved at any time. are not automatically forwarded to MSF.

3.2 Mobile applications (Caprilog, Androvin, Androvin Mini)

The Caprilog, Androvin and Androvin Mini mobile applications enable data to be entered in the field (e.g. during farrowing, weighing or intervention) and transferred manually or synchronized locally with the BerGère / EweManage software, depending on the features specific to each application.

3.3 Modifications to the Services

MSF may modify these Terms of Use and the features of the Services at any time. In the event of a change to the Terms of Use that increases your obligations or reduces MSF's obligations, MSF may send you a notice to that effect to the e-mail address you have provided, at least thirty (30) days prior to the effective date of the change, informing you, among other things, of the upcoming changes, their effective date, as well as your option to refuse such change and cease using the Services.

4. Accounts

Access to BerGère / EweManage software and Applications does not require the creation of an online user account for local operation.

However, for :

purchase a license,
download software or certain updates,
access a customer area,
or get technical support,

it may be necessary to create an account on the Site www.bergere.ca or on the associated store (e.g. via WooCommerce).

You are responsible for :

the accuracy of the information provided when creating your account; ;
confidentiality of your identifiers (e-mail, password); ;
any activity occurring via your account.

You agree to provide and maintain accurate and up-to-date information, including a valid email address, so that we can send you license information, invoices, support notifications and other important information related to the Services.

5. Access to Services and Licenses

To be able to use BerGère / EweManage software beyond a possible trial period, you must :

acquire a valid license from MSF, in particular via the Site or the online store; ;
install the software on your device according to the instructions provided ;
comply with these Terms of Use.

The purchase of a license mainly takes the form of annual payment by company, notably via WooCommerce or any other payment method indicated on the Site at the time of purchase.

Pricing, billing, renewal and license term terms are as stated at the time of purchase and may be updated by MSF for future periods in accordance with applicable law.

Unless otherwise specified, payments are non-refundable and no refund or credit is given for partial use or non-use of the Services.

6. Accessibility to Services for consultants and collaborators

The Services may be used by advisors, consultants, veterinarians or others (collectively, the «Collaborators») when the Producer or the main user of the software wishes to give them access to the farm data, by file sharing or local access to the computer on which the software is installed.

Any contractual or financial relationship between you and your Associates is independent of MSF. MSF is not responsible for:

services provided by your employees; ;
advice given ;
nor any fees you may be charged by them.

You remain responsible for managing access to your herd's data and for the confidentiality of this information.

7. Ownership and intellectual property rights

You acknowledge that the Site, the BerGère / EweManage software, the Applications (Caprilog, Androvin, Androvin Mini), as well as any material, information in text, graphic, audio and video form, image, report, article, publication, data, database, table, graph, photograph, illustration, map, interface, Internet page, text, file, software, product name, company name, trademark, logo and trade name incorporated therein, including the manner in which such elements are presented or appear, are protected by Canadian and international copyright, trademark and other intellectual property laws, and are the exclusive property of MSF, its partners, licensors, co-contractors or any other person who has authorized MSF to use such information.

No ownership or other implied right is granted to you in these elements. You may not reproduce all or part of the software, Applications or Content, whether for personal, professional or commercial purposes, except as expressly provided in these Terms of Use.

«BerGère», «EweManage», «Caprilog», «Androvin» and «Androvin Mini», as well as other trademarks and logos appearing on the Site, in the Software or in the Applications, are trademarks and trade names owned by MSF or its partners. The use of these trade names, trademarks and logos (collectively, the «Marks») without the express written consent of MSF is strictly prohibited.

The data you enter in the software or Applications (animal information, events, performance, etc.) remains your property. This data is stored locally on your devices and is not automatically collected by MSF. They are not subject to the data license granted to MSF, unless you voluntarily transmit them to MSF (for example, as part of technical support or a specific project).

8. Authorized uses of the Site, Software and Applications

MSF grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to:

access the Site and its Content to inform you about the software and its features; ;
to install and use the BerGère / EweManage software and Applications, solely for the management of your herds and your farm, in accordance with these Terms of Use and applicable laws.

You can generate, view and print reports or data extracts from the software and Applications for your internal management, compliance or communication needs with partners of your choice.

9. Unauthorized use of the Site, Software and Content

Without limiting the foregoing, you agree not to, and will not permit any person, directly or indirectly, to:

reproduce, modify or remove any copyright or other proprietary notices from the Content or any copy of the Content; ;
sell, modify or attempt to modify by any means the Software, the Applications or the Content, or reproduce or publicly display, perform or distribute any of the same, in whole or in part, or otherwise use any of the Content for any public, commercial or non-personal purpose, except as authorized in writing by MSF ;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software or ;
use the Site, the Software or the Applications in any manner that could damage, disable, overburden, impair or interfere with the security or proper working of MSF's systems or the devices on which they are installed; ;
use mechanisms designed to circumvent technical protection or license validation mechanisms.

10. Uninstallation, termination and de-registration

You may stop using the BerGère / EweManage software and/or the Applications at any time, in particular by uninstalling them from your devices.

If you have created an account on the Site or the online store, you may request that this account be closed in accordance with the mechanisms provided on the Site or by contacting MSF.

Uninstalling the software or closing your account does not automatically delete local data stored on your computer or devices; you remain responsible for backing up and deleting such data.

11. Deletion of personal data

If, in the course of your dealings with MSF (technical support, billing, communications), you have provided us with personal information, you may request that we delete the personal information we hold about you, in accordance with the Act respecting the protection of personal information in the private sector (R.S.Q., c. P-39.1) and Bill 25.

To exercise this right, you must submit a written request to the following address: mleduc@msfourrager.com

The application must include :

your full name ;
the e-mail address associated with your exchanges or your account ;
a clear statement that you wish to have your personal data deleted.

We will acknowledge receipt of the request within a maximum of 30 days and proceed to delete the data in accordance with applicable legal requirements. Some data may be stored temporarily to comply with legal or contractual obligations (e.g. invoicing, tax obligations).

As the data stored in the BerGère / EweManage software or the Applications are stored locally on your devices and not on MSF servers, you are directly responsible for deleting them.

12. Privacy and communications

MSF may collect, use and disclose certain personal information that you provide to MSF in connection with the purchase of a license, requests for technical support or commercial communications, and may send commercial electronic messages, all in accordance with applicable legislation and MSF's privacy policy, which may be accessible on the Site.

13. Other websites

The Site may include links to other websites or applications operated by third parties over whom MSF exercises no control. MSF assumes no responsibility for the content of any such linked sites or applications. These links and applications are provided for information purposes only.

When you access such third-party sites or applications, you do so at your own risk and are responsible for compliance with the terms, conditions and policies of use of such third-party sites or applications. MSF does not endorse or guarantee the products, services or content offered on such sites or applications.

14. Exclusion and limitation of liability

MSF uses reasonable efforts to ensure that the General Content provided on the Site is accurate and reliable, but provides the Content for informational purposes only. HOWEVER, MSF, ITS SHAREHOLDERS, AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE SITE, SOFTWARE OR APPLICATIONS.

THE SITE, BERGÈRE / EWEMANAGE SOFTWARE AND APPLICATIONS ARE PROVIDED TO YOU «AS IS» AND «WHEN AVAILABLE», WITHOUT WARRANTY OF ANY KIND.

MSF CANNOT BE HELD RESPONSIBLE FOR ANY LOSS OF DATA STORED IN THE SOFTWARE OR APPLICATIONS, WHICH ARE STORED LOCALLY ON YOUR DEVICES AND UNDER YOUR EXCLUSIVE CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MSF, ITS SHAREHOLDERS, AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE, APPLICATIONS OR CONTENT.

15. Compensation

You agree at all times to indemnify, defend and hold harmless MSF, its shareholders, affiliates, agents, licensors and suppliers and their respective directors, officers or employees from and against any action, proceeding, claim, damage, liability or expense (including reasonable attorneys' fees) resulting from:

your use of the Site, Software or Applications in violation of these Terms of Use; ;
or any negligence or fault on your part.

16. Interruption of access to the Site or Services

MSF reserves the right, at its sole discretion, to terminate, restrict or suspend access to all or any part of the Site, software downloads or updates to the Applications, without notice and without liability, for any reason whatsoever, including breach of these Terms of Use.

17. Termination of the Terms of Use

If either you or MSF terminate these Terms of Use, the provisions which by their nature are intended to survive such termination will continue to apply, including those relating to intellectual property, limitation of liability and indemnification.

18. Applicable law and settlement of disputes

The Site, Software and Applications are controlled, operated and administered by MSF from the Province of Quebec.

These Terms of Use are governed by the laws of the province of Quebec and the federal laws of Canada applicable in Quebec. You agree to submit to the exclusive jurisdiction of the courts of Quebec for any dispute arising out of or relating to these Terms of Use or your use of the Site, the Software or the Applications.

19. Miscellaneous

Error or omission. MSF reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the Site, Software, Applications or their Content at any time without notice.

No waiver. MSF's failure to exercise any right under these Terms of Use shall not be construed as a waiver of such right.

Divisibility. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

Modifications. MSF may at any time revise and modify these Terms of Use by updating this posting. If you do not agree to any modification, you must cease using the Site, the Software and the Applications.

Assignment. MSF may assign its rights and duties under these Terms of Use to any third party. You may not assign your rights and obligations without MSF's prior written consent.

20. Contact us

If you have any questions or comments about these Terms of Use, you can contact us as follows:

by e-mail to : mleduc@msfourrager.com
by telephone at : 819-440-9128

In the event of an irreconcilable conflict between the English and French versions of the Terms of Use, the French version shall prevail.