TENANTPAY PLATFORM TERMS OF USE

Last updated: December 26, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING TENANTPAY PLATFORM FOR TENANTS. 

BY CLICKING ON THE “ACCEPT” OR “YES” BUTTON IN RESPONSE TO THE ENQUIRY AS TO ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”), OR BY LOGGING IN AND ACCESSING THE TENANTPAY PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE.  

These terms of use constitute a legal agreement and are entered into by and between You (as defined below) and Tenant Payment Systems Inc. ("TenantPay", "we", "us", "our"). The following terms of use, together with any other terms they expressly incorporate by reference, (collectively, the "Terms of Use") govern Your access to and use of: (a) the TenantPay’s platform for Tenants available at app.tenantpay.com; and (b) any text, pictures, media, data, functionality, information and other materials or content contained on or provided through the TenantPay Platform, including TenantPay App for Android (as defined below) , TenantPay App for iOS (as defined below), the Chatbot (as defined below) (collectively, the "TenantPay Platform"). The rights granted to TenantPay Platform are expressly conditioned upon acceptance of the terms and conditions contained herein by the individual acquiring the license to access and use the TenantPay Platform and responsible for payment of the Access Fees. The terms "You" or "Your" refer to the individual browsing, installing, downloading, accessing or otherwise using the TenantPay Platform ("use" or "using" in these Terms of Use will mean any of the foregoing).

These Terms of Use do not alter in any way the terms or conditions of any other agreements You may have with us in respect of any other products, services or otherwise.

  1.                    ACCESS TO THE TENANTPAY PLATFORM
    1.                 Changes to the Terms of Use. Except where prohibited by applicable laws, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. We may, in our discretion, change these Terms of Use from time to time and at any time by posting a new version to the TenantPay Platform. If You do not agree to any change(s) after receiving a notice of such change(s), You must stop using the TenantPay Platform. Otherwise, Your continued access to or use of the TenantPay Platform after any changes to these Terms of Use indicates Your acceptance of such changes. If You are a consumer residing in Québec and You have created an account for the use of the TenantPay Platform, You will receive an email notice of changes to these Terms of Use at least 30 days before the changes come into force and You can refuse the amendment by closing Your account without cost, penalty or cancellation indemnity within 30 days after the changes come into force.
    2.                Access; Permitted Use. Subject to Your payment of the applicable fees (the “Access Fees”) and Your acceptance of these Terms of Use, TenantPay grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license (where applicable) to access and use the TenantPay Platform for Your personal purposes and for the purpose of managing the payment of Your rents as per these Terms of Use and subject to all conditions and limitations set forth herein.
    3.                 Conditions of Access and Use. To access and use the TenantPay Platform, You must register for a user account (the “Account”). To do so, You must be aged 18 years or older, You must have a valid mailing address in the U.S. or in Canada, and You shall provide TenantPay with all information required for the creation of the Account, including any information that may be required by TenantPay or its third-party service providers to conduct identity verification procedures. It is a condition of Your access and use of the TenantPay Platform that all information You provide is correct, current and complete information about You and promptly update all information in Your Account to ensure that Your Account is correct, current and complete at all times.
    4.                Account Confidentiality. You understand and agree that Your Account is personal to You and You agree not to provide any other person with access to the TenantPay Platform or portions of it using Your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access. We reserve the right at any time and from time to time, to disable or terminate Your Account, any username, password or other identifier, whether chosen by You or provided by us, in our discretion, including for any violation of any provision of these Terms of Use.
    5.                 Chatbot. The TenantPay Platform has an integrated artificial intelligence-enabled chat interface that assists users in managing rent payments, addressing frequently asked questions, and offering general support (the “Chatbot”). The Chatbot is designed to facilitate communication between TenantPay and You and TenantPay does not guarantee that the Chatbot will operate without interruption or errors, that it will be able to process all inquiries or that its responses will always be accurate or appropriate.
    6.                 Suspension of Access; Scheduled Downtime; Modifications. TenantPay may from time to time and in its discretion, without limiting any of its other rights or remedies at law or in equity, under these Terms of Use:
      1.                  suspend Your access to or use of the TenantPay Platform or any component of it:
        1.              for scheduled maintenance;
        2.               due to a Force Majeure Event;
        3.               if TenantPay believes in good faith that You have violated any provision of these Terms of Use;
        4.              to address any emergency security concerns;
        5.               if required to do so by a Governmental or Regulatory Authority or as a result of a change in Applicable Laws; or
        6.                for any other reason as provided in these Terms of Use; and
      2.                make any modifications, improvements, customizations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations (“Modifications” or “Modify”) to the TenantPay Platform.

You are required to accept all patches, bug fixes and updates made by or on behalf of TenantPay to the TenantPay Platform as applicable

  1.                Subcontracting.  TenantPay may engage third parties to assist it in providing TenantPay Platform or any part thereof.
  1.                    Prohibited Uses

You agree Your access and use of the TenantPay Platform will not:

  1.                 involve You directly or indirectly: (i) attempting to breach, violate or circumvent or breaching, violating or circumventing any security or authentication measures; (iii) restricting, disrupting or disabling services to users, hosts, servers or networks; (iv) illicitly reproducing TCP/IP packet header; (v) disrupting network services and otherwise disrupting our ability to monitor the TenantPay Platform (vi) using any robot, spider, scraper or other automated or manual process or means to access the TenantPay Platform for any purpose, including monitoring or copying any of the material on the TenantPay Platform or for developing and training models; (vii) violating the restrictions in any robot exclusion headers on the TenantPay Platform or bypassing or circumventing other measures employed to prevent or limit access to the TenantPay Platform; (viii) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (ix) attacking the TenantPay Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; (x) taking any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the TenantPay Platform; and (xi) otherwise attempting to interfere with the proper working of the TenantPay Platform;
  2.                in any manner violate or promote the violation of any applicable federal, provincial, local or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy;
  3.                 involve transmitting any material that is false, inaccurate, misleading, exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our discretion to the extent permitted by law;
  4.                involve harvesting or otherwise collecting or storing any information (including personal information) about other users of the TenantPay Platform including e-mail addresses, without the express consent of such users;
  5.                 create adaptations, translations or derivative works based on the TenantPay Platform, in whole or in part, decompile, disassemble, reverse engineer; reconstruct or otherwise copy, reproduce or inquire about the structure and components of the TenantPay Platform;
  6.                 Modify any portion of the TenantPay Platform;
  7.                provide, disclose in detail or otherwise make the TenantPay Platform available to third parties by any means without the prior written consent of Tenant Pay; and
  8.                use the TenantPay Platform (except for the use of publicly accessible features) in the presence of third parties who are competitors of TenantPay.

You will comply with all export laws and regulations under applicable laws that may apply to its access to or use of the TenantPay Platform.   TenantPay makes no representation or warranty that the TenantPay Platform may be exported without You first obtaining appropriate licenses or permits under applicable laws, or that any such license or permit has been, will be, or can be obtained. 

  1.                    Ownership; Reservation of Rights
    1.                 Ownership in Your Data. You retain all ownership and intellectual property rights in and to Your Data (as defined in Section 4 below). You grant to TenantPay a nonexclusive, worldwide, royalty free, irrevocable, sublicensable, transferable, and fully paid up right and license to access, collect, use, process, store, disclose and transmit Your Data to: (i) operate and provide You access to the TenantPay Platform; (ii) provide You with all the functionalities of the TenantPay Platform You agreed to; (iii) improve and enhance the TenantPay Platform and its other offerings; (iii) produce anonymized data, information or other materials  that are not identified as relating to a particular individual or company but expressly excluding Your Personal Information, (such data, information and materials, the “Aggregated Data”). TenantPay may use, process, store, disclose and transmit the Aggregated Data for any purpose to the extent permitted by applicable laws and without restriction or obligation of any kind.
    2.                TenantPay Ownership. The TenantPay Platform, Aggregated Data and all of its features and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, and any Modifications to the foregoing are owned by us, our licensors or other providers of such material and are protected in all forms by intellectual property laws, including copyright, trademark, patent, trade secret and any other proprietary rights. The TenantPay name, and all related names, logos, product and service names, designs, images and slogans are our marks or our affiliates' or licensors' marks. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on the TenantPay Platform, are the marks of their respective owners. Use of any such property, except as expressly authorized, will constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. All rights not expressly granted by TenantPay to You under these Terms of Use are reserved.
    3.                 Feedback. To the extent that You submit ideas, suggestions, documents, or proposals regarding the TenantPay Platform to TenantPay (“Feedback”), Customer acknowledges and agrees that:
      1.                  the Feedback does not contain confidential or proprietary information and TenantPay is not under any obligation of confidentiality with respect to the Feedback; and
      2.                TenantPay will be entitled to use, commercialize or disclose (or to choose not to use, commercialize, or disclose) such Feedback for any purpose, in any way, in any manner, and to anyone worldwide without any compensation or reimbursement of any kind to You for such use.
  2.                    Privacy; Your Responsibility; Internet Security
    1.                 Your Responsibility. As between  You and us, You are solely responsible for the quality, accuracy, and completeness of any information, data (excluding Aggregated Data), content, records and files that You upload, send, transmit to, or enter into the TenantPay Platform through Your Account, including Your Personal Information (“Your Data”) and for the risks of the transmission of such Your Data through the internet. TenantPay will not be responsible for the corruption, damage, loss or mis-transmission of any of Your Data, including any Your Personal information used or transferred by You while using TenantPay Platform or for the security of data during Internet Transmission.
    2.                Internet Security. The access and use of the TenantPay Platform are done at Your own risk. You are responsible for implementing safeguards to protect the security and integrity of Your computer system and mobile device, and You are responsible for the entire cost of any service, repairs or connections to Your computer system or mobile device that may be necessary as a result of Your use of the TenantPay Platform.
    3.                 Privacy Policy. You understand that Your personal information will be collected, used, disclosed, or otherwise processed in accordance with our privacy policy, found at (the "Privacy Policy") .
  3.                    Third-Party Licensed Technologies and Websites
    1.                 Third Party Licensed Technology. Your use of the TenantPay Platform or certain functionalities thereof may contain or require the use of Third Party Licensed Technology. In such case, You will accept and comply with the license terms applicable to such Third Party Licensed Technology. If You do not agree to abide by the applicable license terms for any such Third Party Licensed Technology, then You should not install, access, or use such Third Party Licensed Technology. Any acquisition by You of Third Party Licensed Technology, and any exchange of data between You and any such provider of Third Party Licensed Technology is solely between You and the applicable Third Party Licensed Technology provider. TenantPay does not warrant or support Third Party Licensed Technology, even if they are designated by TenantPay as “certified” or otherwise recommended. TenantPay cannot guarantee the continued availability of Third Party Licensed Technology features, and may cease providing them without entitling You to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third Party Licensed Technology ceases to make the Third Party Licensed Technology available for interoperation or otherwise in connection with the corresponding service features in a manner acceptable to TenantPay. TenantPay is not responsible for any disclosure, modification or deletion of Your Data resulting from access to Your Data by such Third Party Licensed Technology or their providers.
    2.                Third Party Websites. The TenantPay Platform may also provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the TenantPay Platform. If You choose to access any such sites, You do so at Your own risk. TenantPay has control over the contents of any such third-party sites and to the extent permitted by applicable laws, Tenant Pay accepts no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third-party sites. 
    3.                 Access Through TenantPay App for iOS. If the TenantPay Platform is provided to You through the TenantPay App for iOS, the terms and conditions set out in Exhibit A will govern, in addition to all the other terms and conditions of these Terms of Use.
    4.                Access Through TenantPay App for Android If the TenantPay Platform is provided to You through the TenantPay App for Android, the terms and conditions set out in Exhibit A will govern, in addition to all the other terms and conditions of these Terms of Use.
  4.                    ACCESS FEES AND PAYMENT
    1.                 Fees.  You will pay to TenantPay the Access Fees as set out in the online order document filled out and submitted by You and accepted by TenantPay for Your access of the TenantPay Platform (the “Order Form”). Unless otherwise noted on an Order Form (i) all Access Fees are identified in Canadian dollars; (ii) Access Fees are non-cancelable and non-refundable; and (iii) quantities purchased cannot be decreased during the relevant subscription term. Any suspension of TenantPay pursuant to these Terms of Use will not excuse You from Your obligation to make payments due under any Order Form (as defined below) or these Terms of Use.
    2.                Payment Methods; Late Payments. If You are required to pay Access Fees under the Terms of Use, You must provide a valid method of payment upon Account creation. You agree and acknowledge that TenantPay may bill Your payment method as may be set out in the applicable Order Form(s). You will pay all Access Fees within the time period as required by us. You may not withhold or setoff any amounts due under these Terms of Use.  Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus and except if restricted by applicable laws or if you are a consumer in Quebec, all expenses of collection, until fully paid. If You have not paid all due and undisputed Access Fees when such Access Fees become due, TenantPay reserves the right to: (i) suspend Your access to the TenantPay Platform until all due and undisputed amounts are paid in full; or (ii) terminate these Terms of Use  immediately on notice, without incurring any obligation or liability to You or any other person by reason of such suspension or termination.
    3.                 Changes to the Access Fees.  Except as restricted by applicable laws or if You are a consumer residing in Québec, TenantPay reserves the right to change the Access Fees and institute new charges on notice to You (which may including posting any new Access Fees on the TenantPay Platform). If You are a consumer residing in Québec, the Access Fees will be provided to You before the renewal of any applicable Order Forms in accordance with Section 1 (a) of these Terms of Use.
    4.                Taxes.  The Access Fees do not include applicable sales, use, gross receipts, value-added, QST, GST or HST, personal property or other taxes. You will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including any applicable interest and penalties) payable in connection with the transactions contemplated by these Terms of Use, other than taxes based on the net income or profits of TenantPay.
    5.                 Payment Processor. Payment and collection of Fees may be enabled through and executed by a third-party payment processor. Transaction fees associated with the individual payment and collection of Fees or amounts under these Terms of Use are as outlined in the pricing plan provided to You. You may be required to agree to terms and conditions as required by such third-party payment processor from time to time. Prior to using TenantPay Platform and any components thereof, You must have all applicable such third-party payment processor’s terms and conditions in effect. By using TenantPay Platform or any component thereof, You acknowledges it must be in full compliance with the terms and conditions of such third-party payment processor and be in good standing with such third party payment processor.
    6.                 Incorrect Payment Charges. To the extent permitted by applicable laws, in the event that a payment made by You to Your landlord under the TenantPay Platform is sent to an incorrect account number, such payment will be retained by TenantPay until You request a refund in writing using the contact details set out in Section 12(g). Upon receipt of Your request, TenantPay will process the refund within the following timeframes and will charge the following amounts to You to cover TenantPay 's administrative costs and transfer fees:
      1.                  If the payment request is made within six (6) months from the payment date, TenantPay will process the refund within ten (10) business days from the date of receipt of Your request and will deduct a fee of thirty dollars ($30) from the payment amount.
      2.                If the payment request is made more than six (6) months following the payment date, TenantPay will process the refund within four (4) to six (6) weeks from the date of receipt of Your request and will deduct a fee of forty dollars ($40) from the payment amount.

TenantPay reserves the right to amend the refund fee and refund timeframes with prior written notice to You.

  1.                    NO FINANCIAL ADVICE
    1.                 The TenantPay Platform is designed to assist You in managing Your rent payments and to provide general information and tools to help You organize Your rental obligations. The content, information, tools, and features provided by the TenantPay Platform are for informational purposes only and do not constitute financial, legal, or other professional advice.
    2.                The TenantPay Platform is not a financial planner, investment advisor, or tax advisor. Nothing on our TenantPay Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any financial product or service, nor should it be considered to be financial planning, investment, tax, or legal advice.
    3.                 You acknowledge and agree that You are solely responsible for Your financial decisions and that You should seek professional advice from a financial advisor, tax consultant, or legal expert before making any decisions that could affect Your financial situation. TenantPay shall not be liable for any decisions made or actions taken in reliance upon any information contained on this platform.
  2.                    DISCLAIMER
    1.                 GENERAL DISCLAIMER. TENANTPAY DOES NOT WARRANT THAT THE TENANTPAY PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TENANTPAY PLATFORM.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TENANTPAY PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE HEREBY DISCLAIM ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, TENANTPAY EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE TENANTPAY PLATFORM (OR ANY PART OF THEREOF), IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER. IF YOU ARE A CONSUMER RESIDING IN QUÉBEC, THE FOREGOING DOES NOT LIBERATE US FROM THE CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES.

FURTHER AND WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT THE NATURE OF ARTIFICIAL INTELLIGENCE IS NOT INTENDED, AND CANNOT BE, RELIED UPON WITHOUT INDEPENDENT VERIFICATION. ACCORDINGLY, YOU AGREE THAT IT WILL INDEPENDENTLY VALIDATE THE RESULTS OF TENANTPAY PLATFORM AND APPLICABLE TENANTPAY PROPERTY, ALL GENAI OUTPUTS OR OTHER OUTPUTS, BEFORE RELYING ON SUCH RESULTS, GENAI OUTPUTS AND TENANTPAY PLATFORM AND YOU WILL ENSURE THAT ALL PERSONS WHOM YOU SHARE SUCH RESULTS AND GENAI OUTPUTS OR OTHER OUTPUTS, WITH UNDERSTANDS SUCH LIMITATIONS.

  1.                DISCLAIMER REGARDING LEASES. TENANTPAY OPERATES SOLELY AS A FACILITATOR FOR THE COLLECTION AND PROCESSING OF RENTAL PAYMENTS ("PAYMENT SERVICES"). TENANTPAY IS NOT A PARTY TO ANY OF YOUR LEASE OR RENTAL AGREEMENT ("LEASE AGREEMENT") ENTERED INTO BETWEEN YOU AND YOUR LANDLORDS OR LEASE OWNERS. YOU ACKNOWLEDGE AND AGREE THAT TENANTPAY IS NOT A SUBSTITUTE FOR LANDLORDS AND LEASE OWNERS AND HAS NO INVOLVEMENT IN, CONTROL OVER, OR RESPONSIBILITY FOR THE PROPERTY SUBJECT TO THE LEASE AGREEMENT, THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT, OR ANY DISPUTES ARISING THEREFROM. ALL CLAIMS, QUESTIONS, OR ISSUES RELATING TO YOUR LEASE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE CONDITION OF THE LEASED PREMISES, COMPLIANCE WITH THE LEASE AGREEMENT, AND RETURN OF SECURITY DEPOSITS, SHALL BE DIRECTED EXCLUSIVELY TO THE LANDLORD. THE TENANT AGREES TO INDEMNIFY AND HOLD TENANTPAY HARMLESS FROM ANY CLAIMS, DAMAGES, OR EXPENSES ARISING FROM OR RELATED TO THE LEASE AGREEMENT. TENANTPAY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND SUFFERED BY THE TENANT OR ANY THIRD PARTY THAT IS RELATED TO THE LEASE AGREEMENT OR THE LEASED PREMISES. IF YOU ARE A CONSUMER RESIDING IN QUÉBEC, THE FOREGOING DOES NOT LIBERATE US FROM THE CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES.
  1.                    Limitation of Liability
    1.                 TO EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF TENANTPAY IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF ACCESS FEES PAID BY YOU FOR THE TENANTPAY PLATFORM IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL TENANTPAY'S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
    2.                TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL TENANTPAY BE LIABLE TO YOU FOR (I) ANY CONSEQUENTIAL DAMAGES SUCH AS LOST OR LOSS OF (A) SAVINGS, (B) PROFIT OR REVENUE, (C) BUSINESS, (E) DATA, (F) USE,; (II) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; OR (II) PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OF USE, EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
       

(c) IF YOU ARE A CONSUMER RESIDING IN QUÉBEC, THE FOREGOING DOES NOT LIBERATE US FROM THE CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES.

  1.               Indemnification

You will defend, indemnify and hold harmless us, our affiliates and our and their respective directors, officers, employees, agents, licensors, licensees, suppliers or successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to Your Lease Agreement, your relationship with any landlord or other person, Your breach of these Terms of Use or Your Data.

  1.               Termination; Survival
    1.                 Term. These Terms of Use will commence the earlier of: (i) the day You first access the TenantPay Platform or any part thereof, or (ii) the date of Your acceptance of these Terms of Use; and continue to be in effect for the term indicated on the Order From, unless terminated earlier as permitted by applicable laws or in accordance with these Terms of Use. The term of each Order Form is as specified in the applicable Order Form. Except as otherwise specified in an Order Form, Order Forms will automatically renew for additional one-year terms, unless either Party gives the other written notice (email acceptable) at least 30 days before the end of the relevant order form term (“Order Form Term”).
    2.                Termination. TenantPay may, in its discretion, terminate the access and use to the TenantPay Platform at any time by providing at least 60 days advance written notice to You, in which case You will be refunded a prorated amount of the Access Fees as of the effective date of termination. We have the right, at all times, without provision of notice and in our discretion to:
      1.                  take appropriate legal action, including referral to law enforcement or any regulatory authority, or notify any harmed party of any illegal or unauthorized use of the TenantPay Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the TenantPay Platform; and
      2.                terminate or suspend Your access to all or part of the TenantPay Platform or disable or terminate any Account, username, password, or other identifier, whether chosen by You or provided by us, for any violation of these Terms of Use. If You are a consumer residing in Québec, You will be provided with notice if we exercise the rights provided herein, which notice will explain the reasons for which we have done so.
    3.                 Effect of Termination.  Upon expiration or earlier termination, You shall immediately discontinue use of the TenantPay Platform, no new Order Forms may be agreed to or entered into by You and us and all Order Forms will terminate. Except as otherwise provided in these Terms of Use, no expiration or termination will affect Your obligation to pay all Access Fees that may have become due before such expiration or termination or entitle You to any refund.
    4.                Survival. The following sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Section 2 (Prohibited Uses), Section 3 (Ownership; Reservation of Rights), Section 4 (Privacy), Section 7 (No Financial Advice) , Section 8 (Disclaimer), Section 9 (Limitation of Liability), Section 10 (Indemnification), this Section 11(d) (Termination; Survival), and 12 (General Provisions).
  2.               General Provisions
    1.                    Governing Law. Except as restricted by applicable laws, the TenantPay Platform and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Except as restricted by applicable laws or if You are a consumer residing in Québec, any action or proceeding arising out of or relating to the TenantPay Platform and under these Terms of Use will be initiated in Montréal, Québec, and each party irrevocably submits to the exclusive personal jurisdiction and venue of such courts sitting therein. Notwithstanding the foregoing, this choice of jurisdiction does not prevent us from seeking remedies with respect to a violation of intellectual property rights in any appropriate jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.
    2.                   Entire Agreement and Interpretation. These Terms of Use (including Order Forms) constitute the entire agreement between You and us in connection with the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, representations or other communications between You and us You and us with respect to the TenantPay Platform. The terms "include" and "including" mean, respectively, "include without limitation" and "including without limitation." The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect. The terms "consent" or "discretion", when used in respect of us in these Terms of Use, mean our right to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain our decision to You.
    3.                    Waiver. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
    4.                   Severability. Any provision of these Terms of Use found by a tribunal or court of competent jurisdiction to be invalid, illegal or unenforceable will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
    5.                    Assignment. TenantPay may assign these Terms of Use or any of its rights or obligations hereunder to an affiliated entity or to a third party in connection with the sale of all or substantially all of its business or assets relating to these Terms of Use, whether by merger, sale of stock or shares, sale of assets, or otherwise, without Your prior written consent.
    6.                 English Language. The French version of these Terms of Use is available at [add link to French version of these Terms of Use]. La version française de la présente convention est disponible à [add link to French version] >.
    7.                     Contact. If You have any questions or comments regarding these Terms of Use or have feedback, comments, requests for technical support and other communications relating to the TenantPay Platform, please contact us at             support@tenantpay.com  


Exhibit A

TenantPay App for iOSand TenantPay App for Android

 

  1.                    Access Through TenantPay App for iOS

If You access or use the TenantPay Platform through the application TenantPay or its affiliates made available for download from the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) application store (the “TenantPay App for iOS”) the following terms and conditions apply to You in addition to all the other terms and conditions of these Terms of Use in respect of Your access to or use of the TenantPay Platform through the TenantPay App for iOS:

  1.                 the parties acknowledge these Terms of Use is concluded between the Parties, and not with Apple and Apple is not responsible for the TenantPay Platform and content thereof is governed by these Terms of Use;
  2.                notwithstanding anything to the contrary hereunder, You may use the TenantPay App for iOS only on an Apple device;
  3.                 the parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the TenantPay Platform (including the TenantPay App for iOS);
  4.                in the event of any failure of the TenantPay App for iOS to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the TenantPay App for iOS (if any) to You. Except for the foregoing, to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the TenantPay Platform (including the TenantPay App for iOS), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
  5.                 any claim in connection with the TenantPlatform related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
  6.                 any third party claim that the TenantPay Platform or Your possession and use of the TenantPay App for iOS infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim;
  7.                You represent and warrant that You are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
  8.                You may contact TenantPay in writing regarding any notices, questions, complaints or claims with respect to the TenantPay Platform (including TenantPay App for iOS) via email at support@tenantpay.com; and
  9.                  Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against You.
  1.                    Access Through TenantPay App for Android

If You are accessing or using the TenantPay Platform through the application TenantPay or its affiliates made available for download from the ‘Google Play’ application store made available by Google Inc. (Google Inc. together with all of its affiliates, “Google”, such application the “TenantPay App for Android”) the following terms and conditions apply to You in addition to all the other terms and conditions of these Terms of Use in respect of Your access to or use of the TenantPlatform through the TenantPay App for Android:

  1.                 the parties acknowledge that these Terms of Use is concluded between the Parties, and not with Google and Google is not responsible for the TenantPay Platform and content thereof is governed by these Terms of Use;
  2.                the parties acknowledge that Google has no obligation to furnish any maintenance or support services with respect to the TenantPay Platform (including the TenantPay App for Android);
  3.                 to the maximum extent permitted by applicable laws, Google will have no warranty obligation whatsoever with respect to the TenantPay Platform (including the TenantPay App for Android), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use;
  4.                any claim in connection with the TenantPay Platform related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Google is not responsible for such claim;
  5.                 any third party claim that the TenantPay Platform or Your possession and use of the TenantPay App for Android infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Google will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim;
  6.                 You may contact TenantPay in writing regarding any notices, questions, complaints or claims with respect to the TenantPay Platform (including the TenantPay App for Android) via email at support@tenantpay.com; and
  7.                Google is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against You.