Terms of Service
Last Updated: December 27, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and PropIQ Inc. ("PropIQ," "we," "us," or "our"), governing your access to and use of the PropIQ property management platform, including our website at trypropiq.com, mobile applications, and all related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
1. Eligibility and Account Registration
1.1 Eligibility
You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
1.2 Account Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Immediately notify us of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
1.3 Organization Accounts
If you register on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. References to "you" in these Terms will include both you individually and the organization you represent.
2. Description of Service
PropIQ provides a property management platform that enables property managers and landlords to:
- Manage properties, units, and tenant information
- Track rental payments and financial transactions
- Generate financial reports and tax documentation
- Process and manage tenant applications
- Coordinate maintenance requests
- Store and manage lease documents
- Provide a tenant portal for renters
The Service is designed to facilitate property management operations but does not replace professional legal, accounting, or financial advice.
3. User Responsibilities
3.1 Lawful Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Violate any applicable federal, provincial, state, local, or international law or regulation
- Infringe upon the intellectual property rights of others
- Transmit any harmful code, viruses, or malicious software
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or its infrastructure
- Use the Service to harass, abuse, or harm others
- Collect or store personal data about other users without their consent
- Use automated systems to access the Service without our permission
3.2 Accuracy of Information
You are solely responsible for the accuracy, completeness, and legality of all data and information you enter into the Service, including but not limited to:
- Property and unit details
- Tenant information and lease terms
- Financial transactions and expense records
- Documents and files you upload
3.3 Compliance with Landlord-Tenant Laws
You acknowledge that landlord-tenant relationships are governed by applicable laws and regulations, including provincial and territorial residential tenancy acts in Canada. You are solely responsible for ensuring your use of the Service and your interactions with tenants comply with all applicable laws, including those relating to rent collection, eviction procedures, security deposits, privacy, and anti-discrimination.
4. Payment Tracking and E-Transfer Services
4.1 E-Transfer Tracking
The Service may include features to track incoming Interac e-Transfer payments. You acknowledge and agree that:
- PropIQ does not process, hold, or transfer funds on your behalf
- All payment transactions occur directly through your financial institution
- PropIQ provides tracking and reconciliation tools only
- You are responsible for configuring your banking settings correctly
- PropIQ is not responsible for any errors, delays, or failures in the payment processing by financial institutions
4.2 No Financial Advice
The financial tracking, reporting, and analytics features of the Service are provided for informational purposes only. They do not constitute financial, tax, legal, or accounting advice. You should consult with qualified professionals for such advice.
5. Intellectual Property
5.1 Our Intellectual Property
The Service and its original content, features, and functionality are owned by PropIQ and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.
5.2 Your Content
You retain ownership of all content you submit, post, or display through the Service ("User Content"). By submitting User Content, you grant PropIQ a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and providing the Service.
5.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant PropIQ the right to use such feedback without restriction or compensation to you.
6. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.
7. Third-Party Services
The Service may contain links to or integrations with third-party websites, services, or applications. We do not control and are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.
8. Disclaimers
8.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 No Guarantee
We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service or servers are free of viruses or other harmful components.
8.3 Professional Advice
THE SERVICE DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, OR ACCOUNTING ADVICE. REPORTS GENERATED BY THE SERVICE, INCLUDING TAX REPORTS, ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD BE REVIEWED BY QUALIFIED PROFESSIONALS BEFORE USE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- PROPIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
- IN NO EVENT SHALL PROPIQ'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO PROPIQ FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.
- THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROPIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Indemnification
You agree to indemnify, defend, and hold harmless PropIQ and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or property right; (d) your User Content; or (e) any dispute between you and a tenant, contractor, or other third party.
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting us at support@trypropiq.com or using the account deletion feature in the Service.
11.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or extended periods of inactivity.
11.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. You may request export of your data prior to termination. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
12.2 Jurisdiction
You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, for the resolution of any disputes arising out of or relating to these Terms or the Service.
12.3 Informal Resolution
Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at legal@trypropiq.com. We will attempt to resolve the dispute within thirty (30) days.
13. General Provisions
13.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and PropIQ regarding the Service.
13.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.5 Notices
We may provide notices to you via email to the address associated with your account, through the Service, or by posting on our website. You are responsible for keeping your contact information current.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. For significant changes, we may also provide additional notice. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.
15. Contact Information
If you have any questions about these Terms, please contact us at:
PropIQ Inc.
Email: legal@trypropiq.com
Toronto, Ontario, Canada
By using PropIQ, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.