Terms of Service

These Terms govern:

• The use of this Application, and,

• Any other related Agreement or legal relationship with the Owner In a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided by:

Propty Inc. or “Propty”

Owner contact email: [email protected]

"This Application" refers to:

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart device systems;

• the Application Program Interfaces (API);

• the Service;

• any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

DEFINITIONS AND LEGAL REFERENCES

"Data" means all information, including personal information, belonging to the Licensee that the latter has entered in the Application.

“Service” means the service provided by this Application as described in the GTC for this Application.

"Subscription Service" means all of our Applications, tools and Web platforms to which you have subscribed under the Agreement or which we make available to you, and are developed, operated and maintained by us, accessible via Propty or another designated URL and all ancillary products and services, including website hosting, that we provide to you.

"Co-ownership" means the organization of a property or group of properties whose ownership is distributed, among several people, in lots each comprising a private part and a share of the common parts listed next to a Licensee.

“Parties” means You and Propty for the purposes of the GTC and this Agreement.

“We” means Propty

“You” means you as the Licensee or legal entity using this Application as a syndicate of co-owners registered in the Application

"Cookie" Cookies are Identifiers made up of small sets of data stored in the User's browser.

"General Conditions" or "GTC" means all provisions applicable to the use of this Application and/or the Service as described in the Application, including any other documents or agreements, and as updated from time to time.

"Users" means you, your employees, co-owners, board members, tenants, representatives, consultants, contractors or any user who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

"Maximum Units" means the maximum number of units you are permitted to use with the Subscription Service as identified in your Order Form.

“Maximum Participants » means the maximum number of participants you are permitted to invite and use with the Subscription Service as identified in your Order Form.

"Billing Period" means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

"Email Send Limit" means the number of emails that you may send in any given calendar month, as detailed in the Terms. The Email Send Limit is equal to forty (40) times the Maximum Units number per month. If you reach your Email Send Limit, you may not be able to send any more emails. You may increase your Email Send Limit by upgrading your Propty plan.

"Subscription Fee" means the amount you pay for the Subscription Service.

"Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

“Free Services” means the Subscription Service or other products or features that we make available to you on a free or free trial basis.

Terms not otherwise defined here will have the meaning as set out in GTC.

USE OF SERVICES

ACCESS

During the Subscription Term, we will provide you access to use the Subscription Service as described in this Agreement. We may also provide you access to use our Free Services at any time by activating them in your Propty account. We might provide some or all elements of the Subscription Service through third-party service providers.

ADDITIONAL FEATURES

You may subscribe to additional features of the Subscription Service by placing an additional order or activating the additional features from within your Propty account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Propty account.

LIMITS

The limits that apply to you will be specified in this Agreement or in GTC, and for our Free Subscriptions, these limits may also be designated only from within the product itself. For further information on the limits that apply to your subscription, please refer to the GTC.

THIRD-PARTY SITES AND PRODUCTS. 

Third-Party Sites and Products are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.

E-SIGNATURE.

The e-signature feature provided as part of the Subscription Service allows you to obtain electronic signatures on documents. We strongly encourage you to take appropriate measures to secure, store and backup your important documents.

WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OF DATA FROM THE SALES HUB PRODUCT.

LICENCE

All industrial or intellectual property rights and any other exclusive right to software or applications incorporated in or linked to this Application are held by Propty and/or its licensors.

Subject to the Licensee's compliance with and despite all the divergent clauses of these conditions, Propty simply transmits a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means incorporated in the Service within the framework and for the purposes of this Application and the Service offered.

SUBSCRIPTION

• The Subscription Fee will remain fixed during the term of your subscription unless you:

  • exceed your limits, including Maximum Units or Email Send Limit,

  • subscribe to additional features or products, including additional Contacts

  • The subscription fees are calculated based on the number of units and participants. If the numbers change, Propty has the right to change the subscription fees.

PAYMENT BY CREDIT CARD

If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third-party to process payments, and consent to the disclosure of your payment information to such third-party.

PAYMENT AGAINST INVOICE

If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

PAYMENT INFORMATION

You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Propty account. All payment obligations are non-cancelable, and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

SALES TAX

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services.

FEE ADJUSTMENTS FOR CONTACT TIERS.

Your Subscription Fee will increase immediately during the course of a Billing Period if you exceed your Maximum Units limit in a Billing Period. In this case, the Subscription Fee will increase up to the tier price which corresponds with the number of units and your invoice will increase by the corresponding prorated amount for the remainder of the Subscription Term. You will receive an electronic notification if you’re approaching your Maximum Units tier limit. We will monitor or audit remotely the number of Maximum Units in the Subscription Service and the number of emails that you send on the Subscription Service. This information is also made available to you in your Propty account.

TERM AND TERMINATION

TERM AND RENEWAL.

Your initial subscription period will be specified in the Order Form, and, unless otherwise specified in your Agreement, your subscription will automatically renew for one year.

NOTICE OF NON_RENEWAL.

If you decide not to renew, you or we must give written notice of non-renewal and this written notice must be received no less than ten (10) days in advance of the end of the Subscription Term.

EARLY CANCELLATION.

You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term. See the 'Notice of Non-Renewal' section for information on how to cancel your subscription.

TERMINATION OF CAUSE.

Either party may terminate this Agreement for cause, as to any or all Subscription Services:

• upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or

• immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.

• We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

This Agreement may not otherwise be terminated prior to the end of the Subscription Term.

SUSPENSION FOR PROHIBITED ACTS.

We may suspend any User’s access to any or all Subscription Services without notice for:

• use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement,

• use of the Propty email send service that results in excessive hard bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or

• repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.

SUSPENSION OF NON-PAYMENTS.

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

SUSPENSION FOR PRESENT HARM.

If your website, or use of, the Subscription Service: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Subscription Service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service.

We will try to limit the suspension to the affected portion of the Subscription Service and promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

EFFECT OF TERMINATION OR EXPIRATION.

If your paid subscription is terminated or expires, we will continue to make available to you our Free Services provided, however, this may not be the case if your Agreement was terminated for cause.

You will continue to be subject to this Agreement for as long as you have access to a Propty account.

Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and Propty Content. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering the use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.

RESPONSIBILITIES

Propty offers the Application to hold a general meeting or board meeting virtually and is not responsible to: 

• Play the role of the chairman  

• Play the role of the moderator 

• Open, suspend and end the meeting

• Establish the rules of the meeting

• Join the meeting

• Repress any deviations in the behavior or language of the participants and, if necessary, expel a person who interferes with the smooth running of the meeting.

LIMITATION OF USE

Unless otherwise specified or made recognizable, all content accessible on this Application belongs to or is provided by, Propty or its licensors. Propty owns and reserves all intellectual property rights for this content.

Therefore, the Licensee may not use this content in a way that is not necessary or implied in the proper use of the Service.

The Licensee confirms that they will only use the Application for the management of the syndicate that they manage without making or authorizing any different use that could benefit other persons or companies other than that of the Licensee themselves, and within the limits of this License as stipulated in the Agreement.

Specifically, but not limited to, Licensee may not copy, decompile, reverse engineer, upload, share (beyond the limits advanced below), modify, translate, transform, publish, transmit, sell, sublicense, transfer/assign to third parties or create derivative work of content accessible on this Application, or allow any third-party to do so through Licensee or their device, even without Licensee's knowledge.

Where expressly indicated on this Application, the Licensee may download, copy and/or share content accessible on this Application, for personal and non-commercial use only and provided that the copyright assignments and all other assignments requested by Propty are correctly implemented.

The Licensee is prohibited from creating any derivative product from the manufacturing secrets and proprietary information of Propty. Licensee is prohibited from sub-licensing or assigning this License. Licensee may not adapt or use any trademark or trade name that is similar to or confusing with Propty, nor take any other action that could harm Propty.

Any applicable statutory limitation or exception to copyright will remain intact.

LIMITATION OF TRANSFER

Propty reserves the right to transfer, assign, dispose by novation, or subcontract all or all rights or obligations under the General Conditions, taking the legitimate interests of the Use into account. Provisions regarding changes to these Terms will be applied accordingly.

The Licensee is responsible for the License granted to him, which may under no circumstances be transferred or assigned. Any violation of this clause will be deemed to be a failure to comply with the Contract and will terminate the latter.

LICENSEE'S OBLIGATIONS RELATING TO BREACH OF CONTRACT

The Licensee will promptly inform Propty of any breach of the Contract or attempted breach of Propty's rights. He acknowledges having been informed on this subject. The Licensee will cooperate positively with Propty to ensure that the legal and equitable rights it has over the Application are respected.

LIMITATION OF LIABILITY

THE APPLICATION IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE, AND NO REMEDY SHALL BE BROUGHT AGAINST CONTRACTOR OR ITS LICENSORS, IF ANY, ON THE BASIS, IN PARTICULAR, OF A CONTRACT, DEAL OR QUASI-DEAL. SOME LEGISLATIVE AUTHORITIES DO NOT ALLOW EXCLUSION

CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY.

TO THE EXTENT PROVIDED FOR BY ANY APPLICABLE LAW, CONTRACTOR OR ITS LICENSORS, IF ANY, ARE NOT RESPONSIBLE FOR ANY SPECIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES AND INTERESTS (INCLUDING, IN PARTICULAR, LOSS OF PROFITS) ARISING FROM LICENSEE'S USE OF THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT OR INABILITY TO USE THEM, EVEN IF CONTRACT OR ITS LICENSORS, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, NO MATTER THE CAUSE OF THE LOSS OR THE THEORETICAL BASIS OF LIABILITY. ANY LIABILITY ARISING FROM A CLAIM MADE BY A THIRD-PARTY AGAINST LICENSEE IS ALSO EXCLUDED.

TO THE EXTENT PROVIDED FOR BY ANY APPLICABLE LAW, CONTRACT OR ITS LICENSORS, IF ANY, ARE NOT RESPONSIBLE FOR ACCESS TO SEARCH ENGINES OR SEARCH AREAS INCLUDED IN OR USED BY THE SOFTWARE. CONTRACT OR ITS LICENSORS MAKE NO WARRANTIES AS TO THE ACCURACY, TIMELINESS, UPDATE OR SUITABILITY OF THE CONTENT OF ANY SERVICE OR ANY INFORMATION FROM ANY OF THE ENGINES OF RESEARCH, AND ACCORDINGLY THEY DO NOT ASSUME ANY RESPONSIBILITY IN SUCH MATTERS.

TO THE EXTENT PROVIDED FOR BY ANY APPLICABLE LAW, CONTRACT OR ITS LICENSORS, IF ANY, ARE NOT RESPONSIBLE FOR THE USE OF ANY SKIN NOT DEVELOPED BY CONTRACT AND DESIGNED TO BE ADDED TO THE SOFTWARE.

INDEMNIFICATION

You represent and warrant that you will use the Application only in accordance with this Contract, the User Manual and the use and privacy policies published from time to time by Propty as well as in accordance with all laws and applicable regulations (including but not limited to policies and laws relating to spamming, protection of privacy, intellectual property, consumer and child protection and obscenity or defamation).

You agree to indemnify, defend and hold harmless Propty, its directors, officers, employees and shareholders against all claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) in connection with any claim or action arising out of a violation of this Contract or any other use of the Application in violation of this Contract by you or any other user to whom you permit the use of the Application.

FORCE MAJEURE

None of the Parties hereto can be considered in default in the performance of its obligations hereunder, if such performance is delayed, withheld or prevented by force majeure. Force majeure constitutes any cause not depending on the will of the Parties hereto, which they could not reasonably have foreseen and against which they were unable to protect themselves. Force majeure includes, but is not limited to, any fortuitous event, strike, partial or complete stoppage of work, lockout, fire, riot, network failures, hacking, any other computer event beyond the control of the Parties, intervention by the parties. civil or military authorities, compliance with the regulations or orders of any governmental authorities and waged war (whether declared or not).

COOKIES POLICY

For more information on the use of Cookies, Users can refer to the Cookies policy of this Application.

PRIVACY POLICY

For more information on the use of their Personal Data, Users can refer to the privacy policy of this Application.

SECURITY POLICY

For more information on the security of the Application, Users can refer to the security policy of this Application.

PROPTY'S COMMITMENTS

ACCESS. Propty undertakes to make the Application accessible seven days a week (7/7) and twenty-four hours a day (24/24), with the exception of maintenance periods following breakdowns or updates. of the Application or a case of Force majeure.

LIMITATION. Propty cannot be held responsible for fluctuations in speed or variations in response time to your requests due to your Internet connection.

APPLICATION MAINTENANCE. Propty reserves the right to notify You of any exceptional interruption of the Application and the Services, due to maintenance, updating, repair or improvement of the Application, within the previous five (5) days. this interruption, if any.

STATE OF THE ART. Propty is committed to providing the Services in a professional and efficient manner, according to generally accepted rules in the industry.

RESPECT. Propty undertakes to respect all rights, title and interests of Intellectual Property belonging to any third-party, so that the Application does not violate any right, title and interests of Intellectual Property belonging to a third-party.

CONFIDENTIALITY AND NON-DISCLOSURE. Unless required by law or if Propty deems it necessary to comply with legal proceedings or respond to a claim alleging that the content of the License violates the rights of a third-party, Propty undertakes to conserve and preserve nature. confidentiality of your Data and undertakes not to disclose the Data compiled in its database to your Licensee account without having previously obtained your consent. For more information on the use of Personal Data, users can refer to the privacy policy of this Application.

LICENSEE’S COMMITMENTS

CONFORM USE. You agree to use the Application as a prudent and diligent person, by complying with the rules described herein. You agree not to use the Application in any way that could damage, disable, overload or harm the Application, the Propty server or any network connection or prevent the peaceful use of the Application by any other user.

PURPOSE. You agree to abide by the limits of this license and not to use the Application for purposes prohibited by the terms and conditions of this Agreement or for illegal purposes.

PIRACY. You agree not to attempt, through computer hacking, reverse engineering or any other means, to gain unauthorized access to the programming or source code of the Application, any Module or part of it. 'Application for which You do not hold a license, to any other user account, to the Propty system or database.

INTELLECTUAL PROPERTY. You acknowledge that all Intellectual Property elements relating to the Application belong to Propty. You therefore agree not to dispute the intellectual property of Propty relating to the Application. With the exception of what is expressly provided for in this Agreement, the rights granted in the paragraph sub-title "License" do not include the right to copy, use, modify, distribute, transmit, reproduce, publish, to create a derivative work, to sell, to make available to others or to transfer all or part of the Application, without the written authorization of Propty.

SECURITY. You agree to choose a password and You agree to keep your password secure and confidential. You declare to be entirely responsible for any use made to your account or under your password. To this end, You agree to notify Propty of any breach of security of which You may become aware.

CONFIDENTIALITY. You agree to maintain the confidentiality of the Application and not to reproduce, copy, publicize or otherwise distribute the confidential information or documentation provided to it. Any breach of confidentiality will be interpreted as a default in the Contract and will terminate it.

NON-WAIVER CLAUSE

The fact that Propty does not assert a right or a provision within the framework of this Agreement does not constitute a waiver of this right or this provision. No waiver shall be deemed to be a further or continuing waiver of this or any other condition.

DIVISABILITY

In the event that any provision of this Agreement could be considered invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full effect.

APPLICABLE LAW AND JURISDICTION

The General Conditions are deemed to have been concluded in the province of Quebec, Canada. The General Conditions are governed by the laws applicable in the province of Quebec, Canada, without regard to the principles of conflicts of laws.

The parties agree and recognize the exclusive jurisdiction of the courts of the judicial district of Montreal, province of Quebec, Canada, for the purpose of settling any dispute relating to these General Conditions and they elect domicile in the judicial district of Montreal, province of Quebec, Canada.

AGREEMENT SCOPE

The Agreement binds the Parties, as well as their respective successors and assigns.

FULL AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and the subject matter of the GTC and this Agreement supersedes all other understandings, negotiations, representations and verbal or written proposals between you and Propty.