Nutzungsbedingungen

Provider operates an online software-as-a-service platform (“Platform”) that uses interactive maps, geographic information, digital content, and related tools to promote real estate properties, developments, businesses, and related services.

Provider grants Customer a limited, non-exclusive, non-transferable right to access and use the Platform for its intended marketing purposes, subject to this Agreement.

Customer is solely responsible for all information, listings, photographs, videos, descriptions, links, logos, trademarks, advertisements, and other materials submitted to, uploaded to, or displayed through the Platform (“Customer Content”).

Customer represents and warrants that:

• Customer has all necessary rights, permissions, and authorizations to publish its Customer Content.
• All submitted information is accurate and not misleading to the best of Customer’s knowledge.
• Customer Content complies with applicable laws, regulations, advertising standards, real estate licensing requirements, and third-party intellectual property rights.
• Customer will promptly correct or remove inaccurate, unauthorized, unlawful, or outdated content.

Customer is responsible for obtaining any necessary consent from property owners, listing agents, image owners, and other relevant parties.

The Platform is a technology and marketing service only. Provider does not act as a real estate broker, agent, property manager, appraiser, legal adviser, or transaction intermediary by providing the Services.

The display of a property, listing, business, product, service, advertisement, link, or other content does not constitute an endorsement, verification, recommendation, or guarantee by Provider.

Unless expressly agreed in writing, Provider does not independently verify property ownership, listing authority, measurements, pricing, availability, property condition, legal status, investment performance, or the accuracy of information supplied by Customer or third parties.

To the maximum extent permitted by applicable law, the Platform and Services are provided on an “as is” and “as available” basis.

Provider makes no express or implied warranty regarding:

• The accuracy, completeness, currency, legality, or reliability of any listing, map, data, or content.
• The visibility, placement, reach, impressions, engagement, leads, or commercial results of any marketing material.
• The uninterrupted availability, security, compatibility, or error-free operation of the Platform.
• The suitability of any property, product, service, listing, or other content displayed through the Platform.

Customer acknowledges that online mapping, geographic information, third-party data, internet connectivity, and external services may be inaccurate, unavailable, or subject to change.

Customer furthermore acknowledges that Provider does not guarantee that any property, listing, product, advertisement, or other content will be displayed, remain available, receive traffic, generate leads, or result in a transaction as a result of being listed, pinned, featured or promoted.

To the maximum extent permitted by applicable law, Provider shall not be liable for any loss, damage, claim, cost, or expense arising from or relating to:

1. The publication, display, distribution, visibility, ranking, promotion, omission, or removal of any property, product, service, listing, advertisement, or other content through the Platform.
2. Any inaccurate, incomplete, outdated, misleading, unauthorized, defamatory, infringing, unlawful, or otherwise objectionable content supplied by Customer or any third party.
3. Any reliance on information, representations, photographs, maps, descriptions, pricing, availability, or other material displayed through the Platform.
4. Any property transaction, investment decision, negotiation, contract, dispute, or interaction between Customer and a prospective buyer, seller, tenant, landlord, agent, developer, advertiser, or other third party.
5. Any loss of data, business opportunities, revenue, profits, goodwill, leads, anticipated savings, or business interruption.
6. Any interruption, outage, technical failure, cyber incident, third-party service failure, or unauthorized access, except to the extent liability cannot lawfully be excluded.

To the maximum extent permitted by law, Provider shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, or opportunity, whether arising in contract, tort (including negligence), statute, or otherwise.

Aggregate Liability Cap. To the maximum extent permitted by applicable law, Provider’s total aggregate liability arising out of or relating to this Agreement or the Services shall not exceed the fees paid or payable by Customer to Provider for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

The exclusions and limitations in this section apply regardless of the legal basis of the claim, subject to any liability that cannot lawfully be excluded or limited.

To the extent permitted by applicable law, Customer shall indemnify and hold harmless Provider and its officers, employees, and contractors against third-party claims, liabilities, damages, and reasonable legal expenses arising from:

• Customer Content or materials supplied by Customer.
• Customer’s breach of this Agreement or applicable law.
• Customer’s infringement of third-party rights.
• Customer’s representations, advertisements, listings, or dealings with third parties.

This obligation does not apply to the extent a claim results from Provider’s own wrongful conduct or other circumstances for which Customer cannot lawfully be required to provide indemnification.

Customer shall pay the subscription fees and any applicable charges agreed in the applicable order form, subscription plan, or written quotation.

Fees are payable in advance and non-refundable to the extent permitted by law.

Fee Schedule (all amounts in CAD):

• Root Account: CAD 1,000 annually; CAD 100 monthly*.
• Derivative Account: CAD 200 annually; CAD 100 monthly; pin: CAD 7 weekly* **.
• FSBO Account: CAD 1,000 annually; CAD 100 monthly*.
• Adpro Account: CAD 1,000 annually; CAD 100 monthly*.

* No long term commitment required. Just stop paying annual, monthly or weekly instalments and all obligation stops.

** Weekly pin schedules ensure that no sold listings will remain on the system past their next instalment date.

Reward Schedule:

• Root Accounts: 70% of monthly account and pin revenue derived from Derivative Account Holders.
• Derivative Accounts: none; benefit derives from exposure and relationship marketing advantages.
• FSBO Accounts: none; benefit derives from savings in brokerage fees.
• Adpro Accounts: none; benefit derives from increased levels of exposure to highly targeted and differentiated user groups.

Pay-outs:

• The 1st or 16th of every month, two months deferred to allow for charge-backs and other adjustments to be processed.

Provider may suspend access for overdue payments after providing three days notice in accordance with this Agreement, or by applicable law.

Provider retains all rights, title, and interest in the Platform, software, mapping interface, design, underlying technology, and Provider-owned materials.

Customer retains ownership of Customer Content, subject to the rights necessary for Provider to deliver the Services.

Customer grants Provider a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, transmit, and technically process Customer Content to operate, maintain, support, and provide the Services.

No ownership of the Platform is transferred to Customer.

Either party may terminate this Agreement in accordance with the applicable subscription terms or written notice period agreed between the parties.

Provider may suspend or terminate access where reasonably necessary to address content violations, non-payment, unlawful activity, security risks, material breach, or misuse of the Platform, subject to applicable law and any required notice.

Upon termination, Customer’s right to access and use the Platform ends. Provider may remove Customer Content in accordance with its retention policies and applicable legal obligations.

Each party shall comply with applicable privacy and data protection laws.

Provider may process personal information as reasonably necessary to provide and maintain the Services, administer accounts, protect the Platform, and meet legal obligations. Further details may be set out in Provider’s privacy policy or a separate data processing agreement.

Customer is responsible for ensuring that its collection and submission of personal information through the Platform is lawful.

This Agreement constitutes the entire agreement between the parties concerning the Services and supersedes prior agreements on the same subject, except for any separately executed terms expressly incorporated herein.

Any amendment must be agreed upon in writing by the parties.

Neither party shall be liable for a delay or failure caused by circumstances beyond its reasonable control, subject to applicable law.

If any provision is found unenforceable, the remaining provisions shall remain in effect to the full extent permitted by law.

This Agreement does not create a partnership, joint venture, agency, fiduciary relationship, or employment relationship between the parties.