Terms of Use

Last updated: 2026-09-07-r2

These terms of use (hereinafter the "Terms") constitute a legally binding contract between you (hereinafter the "Client" or "you") and BorealHost.ai, a company established in Quebec, Canada (hereinafter "BorealHost", "we" or "our"). They govern your access to and use of all services offered by BorealHost, including web hosting, artificial intelligence modules, the AI model marketplace and related services accessible via the site borealhost.ai and its subdomains.

1. Acceptance of terms

By creating an account, accessing our services or using them in any way, you acknowledge that you have read, understood and agreed to be bound by these Terms in their entirety. If you do not accept these Terms, you must not use our services.

1.1 Legal capacity

In accordance with the Civil Code of Quebec (art. 153 and following C.C.Q.), you must be at least eighteen (18) years of age and have full legal capacity to enter into this contract. If you are acting on behalf of a legal entity, you represent and warrant that you have the necessary authority to bind that entity to these Terms.

1.2 Documents incorporated by reference

The following documents form an integral part of these Terms and are incorporated by reference:

• The Acceptable Use Policy (AUP), which defines permitted and prohibited uses of our services;
• The Service Level Agreement (SLA), which sets out our availability objective, our performance objectives and the applicable service credits;
• The Privacy Policy, which describes the collection, use and protection of your personal data;
• The AI Terms of Use, which govern access to artificial intelligence modules;
• The Refund Policy, which sets out the conditions for obtaining a refund;
• The Data Processing Agreement (DPA), which governs the processing of personal data and lists the subprocessors;
• The Copyright Policy, which describes the notice and takedown procedure.

In the event of a conflict between these Terms and any of the incorporated documents, the provisions of the more specific document shall prevail to the extent of the conflict.

2. Description of services

BorealHost offers a full range of web hosting services and integrated artificial intelligence solutions. Services are provided from infrastructure located in Canada.

2.1 Hosting services

• Shared hosting — A shared environment in which several sites, including those of other customers, are hosted in one container; the number of sites allowed and the resources depend on the plan (Starter, Plus, Pro, Business, Freelance, Agency and Studio ranges);
• WordPress hosting — WordPress is installed as an application on a shared hosting plan or on a virtual private server; it is not sold as a separate plan with a dedicated container;
• Cloud VPS (Cloud VPS) — Virtual private server with shared resources and bursting capacity; processor cores are shared between customers and sustained use is subject to our fair use policy (1 to 16 GB of RAM);
• Dedicated VPS (Dedicated VPS) — Virtual private server whose processor cores are allocated without oversubscription on our part; sustained use at full load remains subject to our fair use policy, for demanding workloads (2 to 16 GB of RAM).

Shared hosting plans place several sites in one container. Plans with a dedicated container provide a container for the customer. Access permissions and resource limits depend on the plan.

2.2 Artificial intelligence modules

The integrated AI modules offered are SEO optimization, automatic translation, and content generation.

2.3 [Deleted]

This section is deleted. The numbering of the following sections is unchanged.

2.4 AI Model Marketplace

The AI model marketplace (AI Marketplace) allows the Client to discover, compare and use a variety of artificial intelligence models from different providers (OpenAI, Anthropic, Google Gemini, DeepSeek, among others). Model usage is billed on a consumption basis according to the tokens used.

2.5 Domain Name Registration

BorealHost offers a domain name registration and management service through accredited registrars. Domain registration is subject to the policies of the relevant registrar as well as the rules of ICANN and the Canadian Internet Registration Authority (CIRA), where applicable.

A non-premium domain is included for the first year only with annual plans marked “Free domain” at checkout. Eligibility depends on the plan, not a price threshold. Domain renewal is billed separately at the displayed rate.

2.6 Third-party infrastructure

BorealHost operates its platform using infrastructure (data centres, physical and virtual servers, network, storage, protection against denial-of-service attacks) provided by third-party providers, whose facilities used to host production workloads are located in Canada. BorealHost remains the Client's sole contracting party and assumes the obligations towards the Client set out in these Terms. However, the Client acquires no direct rights against these providers and may not invoke a breach by them against BorealHost except within the limits set out herein.

2.6.1 Compliance with provider policies

The Client's use of the services must remain in compliance with the acceptable use policies of BorealHost's infrastructure providers. These policies are reflected in our own Acceptable Use Policy. When a provider changes its policies or imposes a new restriction, BorealHost may apply that restriction to the Client's services after reasonable notice, or without notice when the provider imposes it with immediate effect or when maintaining the service would expose BorealHost to suspension.

2.6.2 Maintenance, migration and replacement

BorealHost may migrate the Client's services to other infrastructure, another data centre or another provider, including when a provider stops offering a service, ceases operating a facility or substantially changes its terms. BorealHost undertakes to give the Client at least fifteen (15) days' notice of a planned migration, or the longest notice reasonably possible when the timeframe imposed by the provider does not allow this. The Client acknowledges that a maintenance window imposed by a provider may occur outside North American business hours.

2.6.3 Upstream fair use

Infrastructure providers apply their own fair use policies and may, at their discretion, limit the processor capacity, bandwidth or throughput of a server whose sustained use affects the shared platform. BorealHost designs its offerings to avoid such limitations and will intervene with the provider where applicable, but cannot prevent them or have them lifted unilaterally. A limitation of this nature does not entitle the Client to a service credit.

3. User account

3.1 Account creation

To access our services, you must create an account by providing accurate, complete and up-to-date information. You agree to keep this information up to date throughout the duration of your use of the services. Providing false, inaccurate or misleading information constitutes a breach of these Terms and may result in the suspension or termination of your account.

3.2 Account uniqueness

Each natural or legal person may only hold one account. Creating multiple accounts for the purpose of circumventing service limitations, abusing promotional offers or for any other fraudulent reason is strictly prohibited.

3.3 Account security

You are entirely responsible for the confidentiality of your login credentials and for all activity conducted under your account. You must notify us immediately of any unauthorized use of your account or any other security breach. BorealHost shall not be held liable for any loss or damage arising from the failure to protect your credentials.

3.4 Two-factor authentication

BorealHost offers two-factor authentication (2FA) via time-based one-time password (TOTP) and backup codes. We strongly recommend enabling this feature to strengthen the security of your account. BorealHost reserves the right to make two-factor authentication mandatory for certain types of accounts or service levels.

3.5 Verification, sanctions and export controls

BorealHost and its infrastructure providers are subject to applicable economic sanctions and export control regimes, including those of Canada, the European Union and the United States. The Client represents and warrants, on its own behalf and on behalf of its beneficial owners, affiliates and own end users:

• That it is not established, incorporated or resident in a country or territory subject to a comprehensive embargo, nor controlled by a person who is;
• That it does not appear on any list of designated persons or entities maintained by a competent authority;
• That it will not use the services for military purposes, nor for the design or manufacture of weapons of mass destruction;
• That it will not re-export or make the services available, directly or indirectly, for the benefit of any person or destination subject to such restrictions.

BorealHost may at any time require supporting documents establishing identity, residence or beneficial ownership. It may refuse an order, suspend services without notice or terminate the account when it has reasonable grounds to believe that this section is not being complied with, or when an infrastructure provider requires it. A suspension or termination on these grounds does not entitle the Client to any refund or service credit.

4. Billing and payment

4.1 Plans and pricing

Plans, pricing and included features are described on our pricing page and may be modified in accordance with section 12 of these Terms. Displayed prices are in Canadian dollars (CAD) and do not include applicable taxes, unless otherwise indicated.

4.2 Automatic renewal

Subscriptions are automatically renewed at the end of each billing period (monthly or annual), at the then-current rate, unless previously cancelled by the Client in accordance with section 5. By subscribing to a plan, you authorize BorealHost to automatically charge the applicable fees to your registered payment method at each renewal.

4.3 Payment processor

Payments are processed by Stripe, Inc., a third-party payment processor. By using our services, you also agree to Stripe's terms of use. BorealHost does not directly store your credit card information. All transactions are secured by the TLS protocol and compliant with the PCI DSS standard.

4.4 Currency and taxes

All transactions are conducted in Canadian dollars (CAD). The following taxes are applicable in accordance with Canadian and Quebec tax legislation:

• Goods and Services Tax (GST): 5%, collected by the federal government of Canada;
• Quebec Sales Tax (QST): 9.975%, collected by Revenu Québec.

Taxes are calculated and added to the subscription amount at the time of billing. The applicable rate is the one in effect at the time of billing.

4.5 Usage-based billing for AI

The use of AI modules, as well as the AI model marketplace, is billed on a consumption basis according to the number of tokens used. Per-token rates vary by model and provider used and are displayed in the AI model marketplace. Consumption is measured in real time and charges are added to your invoice at the end of each billing period.

4.6 Thresholds and spending limits

BorealHost may apply consumption thresholds and spending limits for AI consumption billing. The Client may configure their own spending limits via the dashboard. When a threshold is reached, the Client is notified. BorealHost reserves the right to suspend access to AI services in the event of exceeding established limits or payment default.

4.7 Price adjustments

Plan rates may be adjusted from time to time. Any adjustment takes effect at the next renewal of the Client's billing period and is subject to at least thirty (30) days' notice. A Client who refuses an adjustment may cancel their subscription before it takes effect, in accordance with section 5.

As an exception, when an infrastructure provider, AI model provider, registrar or public authority imposes a cost increase, levy, surcharge or new tax on BorealHost during a period, BorealHost may pass this increase on to the Client's fees with thirty (30) days' notice, including within an annual period already billed. The amount passed on is limited to the amount actually imposed on BorealHost and includes no markup. A Client who refuses such a pass-through may terminate the affected service on the effective date and obtain a prorated refund of the unused prepaid portion, by derogation from section 5.2 and the Refund Policy.

Fees related to measured overages (bandwidth, data traffic, backup storage, AI consumption) are billed at the rate published at the time of the overage and do not constitute a rate adjustment within the meaning of this section.

5. Cancellation

5.1 Cancellation by the Client

The Client may cancel their subscription at any time via the management dashboard, in the "Billing" section. Cancellation is a self-service process that does not require any technical support intervention.

5.2 Effective date

Cancellation takes effect at the end of the current billing period. The Client retains access to their services until that date. No prorated refund is granted for the remaining period, except in cases provided for in our Refund Policy.

5.3 Grace period and decommissioning

Upon expiry of the billing period following cancellation, a grace period of seven (7) calendar days is granted. During this period, services are suspended but data is preserved. The Client may reactivate their subscription via the dashboard during this period. Upon expiry of the grace period, services are permanently decommissioned, including the deletion of files, databases and configurations. A final backup (same scope as the daily backups) is retained for thirty (30) days.

5.4 Refund policy

Refund conditions are detailed in our Refund Policy, accessible from the "Legal Documents" section of our website. The Client is invited to consult it before proceeding with a cancellation.

5.5 Backups and data retention by the Client

BorealHost performs automatic daily backups of the Client's sites and databases (web directories, web configuration, certificates, /home and /opt for servers; the site folder for shared hosting), excluding in particular Docker volumes, email and scheduled tasks, and provides the Client with backup and snapshot tools. The exact list is shown in the Backups tab of the panel. These backups constitute a recovery measure offered subject to availability and do not replace the Client's independent copies. Despite our checks, BorealHost does not guarantee that a given backup will be complete, free from corruption or restorable, or that a specific recovery point can be reached.

The Client remains responsible for keeping, outside BorealHost's infrastructure, their own copies of any content whose loss would cause them harm. Subject to article 1474 of the Civil Code of Québec, BorealHost's liability for data loss is limited in accordance with section 8.

The Client is encouraged to export their data before any cancellation. The retention periods applicable after the end of the service are specified in sections 5.3 and 10.3.

6. Acceptable use

The use of all BorealHost services is subject to compliance with our Acceptable Use Policy (AUP). The Client agrees to use the services in compliance with all applicable laws and regulations, as well as the provisions of the AUP.

6.1 General prohibitions

Without limiting the scope of the AUP, the Client shall notably refrain from:

• Using the services for any illegal, fraudulent activity or one that infringes on the rights of others;
• Distributing malware, spam or phishing content;
• Attempting to compromise the security, integrity or availability of the infrastructure;
• Using resources excessively to the detriment of other users (in shared hosting);
• Hosting content that violates the intellectual property rights of third parties.

6.2 Consequences of violations

BorealHost reserves the right, at its sole discretion, to immediately suspend or terminate the Client's services in the event of a violation of the AUP or these Terms, with or without notice depending on the severity of the violation. Suspension or termination for violation does not entitle the Client to any refund.

7. Intellectual property

7.1 Client Content

The Client retains all intellectual property rights to the content they create, upload or publish through BorealHost's services, including but not limited to text, images, files, databases and source code developed by the Client. BorealHost acquires no ownership rights to the Client's content by virtue of providing the services.

The Client grants BorealHost a limited, non-exclusive and revocable license to host, store, transmit and display their content solely to the extent necessary for the provision of the services.

7.2 BorealHost Property

BorealHost holds all intellectual property rights relating to the platform, software, source code, interfaces, trademarks, logos, documentation and any other element constituting the services, excluding the Client's content. Nothing in these Terms constitutes a transfer or assignment of these rights to the Client.

7.3 AI-generated content

Ownership and rights of use of content generated by AI modules are governed by the AI Terms of Use. Generally, the Client holds the rights of use on content generated by AI from their instructions, subject to limitations arising from the rights of third-party AI model providers and applicable copyright legislation.

8. Limitation of liability

8.1 Liability cap

To the maximum extent permitted by law, BorealHost's total and cumulative liability towards the Client, regardless of the cause and the legal basis invoked (contractual, extracontractual or otherwise), is limited to the total amount of fees actually paid by the Client to BorealHost for the affected service during the twelve (12) months preceding the event giving rise to the claim, excluding taxes, domain name fees and amounts paid to third parties on the Client's behalf.

8.2 Exclusion of damages

In no event shall BorealHost be liable for any indirect, incidental, consequential, special, exemplary or punitive damages whatsoever, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption or the cost of acquiring replacement services, even if BorealHost has been advised of the possibility of such damages.

8.3 Quebec civil law

The limitations and exclusions of liability set forth herein are valid and enforceable under the civil law of Quebec, subject to article 1474 of the Civil Code of Quebec, which prohibits the exclusion or limitation of liability in cases of intentional fault or gross negligence. Nothing in these Terms shall be construed as excluding or limiting BorealHost's liability for bodily injury or for intentional or gross fault.

8.4 Force majeure

BorealHost shall not be held liable for any delay or failure in the performance of its obligations resulting from a force majeure event within the meaning of article 1470 of the Civil Code of Quebec, including but not limited to natural disasters, network or power outages, acts of war or terrorism, large-scale cyberattacks, pandemics, governmental or regulatory decisions, or any other unforeseeable, irresistible event beyond BorealHost's control. BorealHost commits to making reasonable efforts to mitigate the effects of any force majeure event and to resume the performance of its obligations as soon as possible.

8.5 Exclusive remedy for availability

The service credits provided for in the Service Level Agreement constitute the Client's sole and exclusive remedy for any unavailability, interruption or performance degradation of the services, as well as BorealHost's entire liability in this regard.

8.6 Deadline for notifying an incident or claim

The Client must report to BorealHost, in writing and without delay, any incident, failure or event likely to give rise to a claim, and no later than seven (7) days after the time when the Client became aware of it or should reasonably have become aware of it. This period allows BorealHost to preserve its own remedies against its infrastructure providers, which impose very short notification periods.

Failure to report an incident within this period does not deprive the Client of their rights, but BorealHost's liability is reduced to the extent of the harm this delay has caused it, particularly when it has prevented BorealHost from pursuing an upstream remedy or establishing evidence of the incident. Any claim must also be submitted within twelve (12) months of the event giving rise to it.

9. Indemnification

The Client agrees to indemnify, defend and hold harmless BorealHost, its officers, directors, employees, agents and sub-contractors from any claim, demand, lawsuit, loss, liability, damage, cost and expense (including reasonable attorney's fees) arising from or related to:

• The use of services by the Client or any person accessing their account;
• Content created, uploaded, published or transmitted by the Client through the services;
• The Client's violation of these Terms, the AUP or any document incorporated by reference;
• The Client's violation of any law, regulation or third-party right;
• Any third-party claim alleging that the Client's content infringes on their intellectual property rights or any other right.

This indemnification obligation survives the termination or expiry of these Terms.

10. Termination

10.1 Termination by the Client

The Client may terminate their subscription at any time via the management dashboard. Termination takes effect in accordance with the provisions of section 5 of these Terms.

10.2 Termination by BorealHost

BorealHost reserves the right to suspend or terminate the Client's services in the following circumstances:

• Violation of the Acceptable Use Policy — Immediate suspension, with possible permanent termination depending on the severity and recurrence of the violation;
• Payment default — If the Client fails to pay amounts due within thirty (30) days of the due date, after at least one reminder notice has been sent;
• Illegal activity — Immediate suspension without notice when services are used for illegal activities or when BorealHost is credibly informed of such use;
• Court order — In accordance with any order, injunction or decision issued by a competent court or regulatory authority;
• Sanctions and export controls — Immediate suspension or termination where section 3.5 is not complied with or where an infrastructure provider so requires;
• Discontinuation of a service — Where a service is discontinued, or where an infrastructure provider ceases to offer a necessary component and no reasonable replacement is available, on at least thirty (30) days' notice.

10.2.1 Termination for discontinuation of a service

When BorealHost terminates a service on the grounds of discontinuation provided for above, without any breach attributable to the Client, it undertakes to: (i) give at least thirty (30) days' notice, or the longest notice reasonably possible when a provider imposes a shorter period; (ii) offer the Client, where possible, migration to an equivalent offering; (iii) refund on a prorated basis the unused prepaid portion of the affected service; and (iv) maintain the Client's access to their data throughout the notice period to allow them to export it.

10.3 Effects of termination

Upon termination, regardless of the reason, the Client loses access to their services and data. BorealHost retains a final backup (same scope as the daily backups) for thirty (30) days following termination, after which all data is permanently deleted. Payment obligations for services used prior to termination remain due.

11. Governing law and dispute resolution

11.1 Governing law

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 laws principles.

11.2 Jurisdiction

Any dispute arising from or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, Province of Quebec, Canada. The parties irrevocably waive any objection based on forum non conveniens.

11.3 Amicable settlement

Before initiating any legal proceedings, the parties agree to attempt to resolve their dispute in good faith through direct negotiation for a minimum period of thirty (30) days following written notification of the dispute by the complaining party.

12. Modifications to terms

BorealHost reserves the right to modify these Terms at any time. In the event of a substantial modification, BorealHost commits to notifying the Client at least thirty (30) days before the changes take effect, by one or more of the following means:

• Notification by email to the address associated with the Client's account;
• Notice displayed in the management dashboard;
• Publication on the BorealHost website with the update date indicated.

Continued use of the services after the changes take effect constitutes acceptance of the modified Terms. If the Client does not accept the changes, they must stop using the services and cancel their subscription before the effective date of the changes.

13. Severability and entirety

13.1 Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, shall be deemed severed from the Terms. The invalidity or unenforceability of any provision shall in no way affect the validity and enforceability of the other provisions, which shall remain in full force and effect.

13.2 Entire agreement

These Terms, together with the documents incorporated by reference in section 1.2, constitute the entire agreement between the Client and BorealHost with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties on this subject.

13.3 Waiver

The failure of BorealHost to exercise or delay in exercising any right or remedy provided under these Terms shall not constitute a waiver of that right or remedy. Any waiver must be made in writing to be valid.

13.4 Assignment

The Client may not assign or transfer these Terms or the rights and obligations arising therefrom without the prior written consent of BorealHost. BorealHost may assign these Terms in the context of a merger, acquisition, reorganization or the sale of all or substantially all of its assets, subject to reasonable notice to the Client.