Terms of Service

Introduction

These Terms of Service govern your use of the website located at www.propurti.com, our mobile application, and any related services (collectively, the "Platform") provided by Propurti Geeks Incorporated ("Company" "Us" or "We").

By accessing or using the Platform, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing the Platform or using any other services provided by Company.

If you are using the Platform on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service, and your agreement to these terms will be treated as the agreement of that entity. In such cases, "you" and "your" will refer to that entity.

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. For any material changes to these Terms of Service, we will provide reasonable notice to accountholders via the email address associated with their account. All changes will take effect immediately from the date of publication or notification.

Account Registration and User Roles

The Platform supports different user roles, including Tenants, Property Owners, and Property Managers. Your access to specific features and information is determined by the role associated with your account.

Property Owners and Property Managers (collectively, "Professional Users") represent and warrant that they have the legal authority to manage any property listed on the Platform and to enter into related tenancy agreements.

Limitations of Use

By using the Platform, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Platform;
• remove any copyright or other proprietary notations from any materials and software on the Platform;
• transfer the materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use the Platform or any of its associated services in a way that abuses or disrupts our networks or any other service the Company provides;
• use the Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use the Platform or its associated services in violation of any applicable laws or regulations;
• use the Platform in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather Personal Information (as defined in our Privacy Policy) without the user's consent; or
• use the Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
• comply with all applicable fair housing and anti-discrimination laws, including the Alberta Human Rights Act, and not use the Platform to discriminate against any person or group based on any protected ground under such legislation in any matter related to real estate transactions or tenancies.

If you are a Professional User, by using the Platform, you warrant on behalf of yourself, your users, and other parties you represent, that you will obtain all necessary informed consents from third parties (including tenants) before uploading their Personal Information to the Platform.

Intellectual Property

The intellectual property in the materials contained in the Platform are owned by or licensed to Company and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by Company at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on the Platform. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use the Platform or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content provided that the license granted to Company under this section is limited to the extent strictly necessary to provide the services and does not override the protections for Personal Information set forth in the Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with our Privacy Policy.

Termination and Suspension

We may, in our sole discretion, suspend or terminate your access to the Platform and these Terms of Service at any time for any reason, including but not limited to:

• (a) your material breach of these Terms of Service;
• (b) your failure to pay any fees when due;
• (c) our requirement to do so by law; or
• (d) your use of the Platform in a manner that may cause us legal liability or disrupt others' use of the Platform.

Upon termination of an account, Professional Users shall have a period of thirty (30) days to export their property and tenancy data from the Platform. Following this period, We reserve the right to delete such data in accordance with our data retention policies and applicable law.

Limitation of Liability

Except as expressly provided in these Terms of Service and to the extent permitted by applicable law, the Platform and the materials on the Platform are provided on an 'as is' basis. To the extent permitted by law, Company makes no warranties, expressed or implied, and hereby disclaims all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Company or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Platform or the materials on the Platform, even if Company or an authorized representative has been notified of the possibility of such damage. Notwithstanding anything to the contrary in these Terms of Service, nothing in this section or these Terms of Service shall exclude or limit Company's liability for: (a) death or personal injury caused by its negligence; (b) physical damage to tangible property; or (c) criminal acts, fraud, or willful misconduct.

To the maximum extent permitted by law, the total aggregate liability of Company and its suppliers for all claims arising out of or related to these Terms of Service or the use of the Platform, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid by you to Company in the twelve (12) months preceding the event giving rise to the liability.

Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms of Service; (c) any dispute between you and another user (including, without limitation, disputes regarding rent payments, security deposits, or property condition); or (d) if you are a Professional User, any claims for wrongful eviction, discrimination, or breach of the Residential Tenancies Act (Alberta) related to your listed properties.

Accuracy of Materials

The materials appearing on the Platform are not comprehensive and are for general information purposes only. Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Platform or otherwise relating to such materials or on any resources linked to the Platform.

Links and Third-Party Services

Company has not reviewed all of the sites linked to the Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Company of the site. Use of any such linked site is at your own risk, and we strongly advise that you make your own investigations with respect to the suitability of those sites.

The Platform may use or facilitate access to third-party services, including payment processing through Stripe, banking and payment verification through Plaid, and background screening through Certn. You acknowledge that Company acts solely as a facilitator for these services and is not a party to any underlying financial transactions or disputes (including, without limitation, disputes regarding rent payments) between users. Company makes no warranties or representations regarding the accuracy, completeness, or reliability of any reports or data provided by such third parties, including background screening results from Certn.

Regulatory Compliance

You acknowledge and agree that Company provides a software platform only and is not a "landlord" as defined under the Residential Tenancies Act (Alberta). Company does not own, manage, or lease the properties listed on the Platform, nor does it act as an agent for any Property Owner or Tenant for the purpose of permitting occupation of premises. Furthermore, Company does not hold security deposits in trust; any security deposits paid through the Platform are processed by third-party payment providers and transferred directly to the Professional User, who remains solely responsible for complying with the trust account requirements of the Residential Tenancies Act (Alberta).

Force Majeure

Neither party shall be liable for any delay or failure in performance (excluding payment obligations) caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, epidemics, or government orders.

Relationship of the Parties

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Company.

Survival

All sections of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, Intellectual Property, User-Generated Content, Liability, Aggregate Liability Cap, Indemnification, and Governing Law.

Assignment

You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent. We may assign our rights and obligations under these Terms of Service to any affiliate or in connection with a merger, acquisition, or sale of assets without notice to you.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta.

Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and Company concerning the Platform and supersede all prior or contemporaneous communications and proposals.

Consent to Communications

Company may send SMS and/or MMS communications for promotional, conversational, and informational purposes, but only with the prior express consent of the recipient. When you opt-in to receive SMS/MMS communications from Company, you expressly consent to Company sending you SMS and/or MMS messages for the purposes described herein. Company does not charge any fees for these messages; however, message and data rates may apply, as determined by your mobile carrier.

To opt out of SMS communications at any time, reply with "STOP" or "UNSUBSCRIBE" to any SMS/MMS message we send you. If you unsubscribe from receiving text messages, Company will process your request within 10 business days as required by Canada's Anti-Spam Legislation (CASL). During this time, you may continue to receive SMS communications from us. For assistance with opting out of SMS communications, please contact us by submitting your request to privacy@propurti.com.

Contact Us

If you have any questions about these Terms of Service, please contact us: