Legal and Policy Center

These Terms of Service ("Terms") govern access to and use of the CondoHQ platform, websites, applications, communications, artificial intelligence features, analytics, operational intelligence systems, marketplaces, integrations, and related services (collectively, the "Services") provided by CondoHQ Inc. ("CondoHQ", "we", "our", or "us").

These Terms incorporate by reference the Privacy Policy, Cookie Policy, Acceptable Use Policy, any applicable Data Processing Addendum ("DPA"), any Order Form, and any other agreement entered into between CondoHQ Inc. and a Customer.

By accessing or using the Services, you agree to be bound by these Terms.

If you are using the Services on behalf of a condominium corporation, property management company, vendor organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Services.

Subject to these Terms and applicable agreements, CondoHQ grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services for Customer's internal operational, administrative, governance, community management, property management, and business purposes.

Customer is responsible for all activity occurring under its accounts and for ensuring that all Users comply with these Terms.

For purposes of these Terms, any activity conducted by an Authorized Representative through the Services shall be treated as activity of the applicable Customer or User.

CondoHQ may modify, enhance, replace, suspend, discontinue, remove, restrict, or otherwise change any aspect of the Services at any time.

Customer is solely responsible for:

• all Customer Data;
• all activity conducted through Customer accounts;
• all Users associated with Customer;
• all Authorized Representatives;
• all permissions, delegations, authorizations, access rights, and entitlements granted to Users or Authorized Representatives;
• all actions and omissions of Authorized Representatives;
• obtaining all required notices, permissions, consents, authorizations, and legal bases relating to Customer Data;
• compliance with applicable laws, regulations, contracts, declarations, bylaws, rules, and policies;
• supervision of Users;
• reviewing and validating outputs generated by the Services;
• determining whether outputs generated by the Services are appropriate for Customer's intended use;
• maintaining internal controls and operational oversight; and
• all decisions, actions, communications, expenditures, maintenance activities, governance activities, compliance activities, vendor selections, operational activities, and outcomes arising from use of the Services.

Customer represents and warrants that it possesses all rights, authority, permissions, consents, and legal bases necessary to provide Customer Data to CondoHQ and authorize CondoHQ to process Customer Data as contemplated by the Services.

Customer retains sole control over and responsibility for building operations, maintenance programs, reserve fund planning, vendor selection, staffing decisions, resident communications, governance decisions, expenditures, compliance activities, and operational outcomes.

Customer is responsible for maintaining appropriate security controls relating to its devices, endpoints, networks, credentials, accounts, Users, and internal systems.

Customer is responsible for maintaining password security, user access management, account administration, device security, and appropriate internal controls.

CondoHQ is not responsible for unauthorized access resulting from Customer's failure to maintain appropriate security measures.

Customers and Users may designate Authorized Representatives through functionality made available within the Services.

CondoHQ merely provides software functionality that may facilitate such designations. CondoHQ does not create, grant, supervise, administer, monitor, validate, verify, investigate, endorse, approve, or guarantee any authorization, delegation, appointment, permission, entitlement, instruction, communication, request, approval, consent, representation, or activity.

CondoHQ is not a party to any relationship between a Customer, User, and an Authorized Representative.

Customers and Users are solely responsible for selecting, appointing, supervising, monitoring, restricting, modifying, suspending, and revoking Authorized Representatives.

Customers and Users are solely responsible for all acts and omissions of Authorized Representatives.

CondoHQ may rely upon the actual, apparent, or purported authority of any Authorized Representative.

CondoHQ has no obligation to verify identity, ownership, residency, authority, legal capacity, entitlement, eligibility, authenticity, validity, scope of authority, or continued authority of any Authorized Representative.

Any action, communication, instruction, request, approval, consent, submission, representation, or activity of an Authorized Representative may be treated as the action of the applicable Customer or User.

CondoHQ shall have no liability arising from or relating to Authorized Representatives, delegated access, permissions granted to Authorized Representatives, reliance upon authority, apparent authority, purported authority, or disputes involving Authorized Representatives.

The Protected Parties may rely upon permissions, authorization records, account configurations, and information reflected within the Services without independent verification of agency relationships, ownership, residency, authority, identity, entitlement, legal capacity, or authorization status.

The Protected Parties shall have no responsibility for resolving, investigating, participating in, mediating, or becoming involved in any dispute between a Customer or User and an Authorized Representative relating to delegated access or authority.

The Services may include artificial intelligence, machine learning, automation, predictive systems, recommendation systems, analytics, benchmarking systems, operational intelligence systems, and other automated technologies.

Such technologies may generate inaccurate, incomplete, delayed, outdated, misleading, biased, or incorrect outputs.

CondoHQ does not provide legal, financial, accounting, engineering, reserve fund, compliance, safety, property management, emergency response, professional, or other regulated advice.

Outputs generated by the Services are informational only and must not be relied upon as a substitute for professional judgment.

Customer and Users remain solely responsible for reviewing, validating, and determining the appropriateness of any output before relying upon or acting upon it.

Use of AI-generated content does not transfer responsibility for decisions, actions, communications, compliance obligations, governance obligations, operational decisions, maintenance decisions, financial decisions, legal obligations, or outcomes to CondoHQ.

The Services may generate Operational Outputs, including analytics, benchmarks, classifications, rankings, scores, forecasts, predictions, recommendations, maintenance suggestions, vendor intelligence, equipment intelligence, risk assessments, reliability indicators, trends, and insights.

Operational Outputs are informational tools only and may be inaccurate, incomplete, delayed, misleading, outdated, biased, or incorrect.

Operational Outputs do not constitute legal advice, financial advice, accounting advice, engineering advice, safety advice, compliance advice, reserve fund advice, inspections, certifications, warranties, guarantees, or assurances of any outcome.

Customer and Users acknowledge that they do not rely upon Operational Outputs as guarantees, warranties, commitments, certifications, inspections, engineering opinions, compliance determinations, safety determinations, or assurances of future performance or outcomes.

CondoHQ does not guarantee cost savings, operational improvements, equipment performance, reduced failures, increased reliability, vendor performance, regulatory compliance, financial performance, resident satisfaction, safety outcomes, or any other operational, business, financial, or community outcome.

Customer acknowledges that neither Customer nor any User relies upon any representation, statement, forecast, benchmark, recommendation, prediction, estimate, projection, marketing material, demonstration, example, case study, presentation, roadmap, discussion, or other information not expressly set forth in these Terms or an applicable Order Form.

The Services are not emergency services.

The Services are not intended for emergency dispatch, emergency response, life-safety monitoring, fire monitoring, medical response, law enforcement response, safety monitoring, or other time-critical functions.

Customer and Users must not rely upon the Services for emergencies or life-safety purposes.

Emergency services should always be contacted directly through appropriate channels.

CondoHQ does not inspect, test, certify, monitor, maintain, supervise, operate, repair, manage, or control any equipment, asset, building component, infrastructure, vendor, contractor, supplier, service provider, property, or facility.

CondoHQ does not guarantee the condition, reliability, performance, maintenance requirements, lifespan, safety, operability, availability, future performance, or regulatory compliance of any equipment, asset, building component, vendor, contractor, supplier, service provider, property, or facility.

Vendor recommendations, classifications, rankings, ratings, scores, marketplace placement, or other information generated by the Services do not constitute endorsements, certifications, warranties, guarantees, or recommendations.

CondoHQ has no obligation to monitor Customer Data, User activity, Authorized Representative activity, designations or revocations of Authorized Representatives, permissions or delegations granted to Authorized Representatives, building operations, maintenance activities, equipment condition, safety conditions, vendor performance, legal compliance, property conditions, communications, operational risks, or activities conducted through the Services.

Nothing in the Services creates a duty to discover, investigate, identify, report, prevent, mitigate, or remediate operational, maintenance, safety, compliance, governance, financial, vendor, or property-related issues.

CondoHQ does not warrant compliance with condominium legislation, privacy laws, employment laws, accessibility requirements, building codes, fire codes, health and safety requirements, reserve fund obligations, governance requirements, record retention requirements, regulatory obligations, contractual obligations, or any other legal requirement.

Customer remains solely responsible for determining and maintaining compliance with applicable requirements.

Nothing in the Services or these Terms creates any fiduciary, trustee, agency, partnership, joint venture, engineering, consulting, property management, legal advisory, financial advisory, accounting, compliance, professional, or similar relationship between CondoHQ and any Customer or User.

Nothing in the Services or these Terms creates any agency, fiduciary, monitoring, verification, advisory, guarantor, or special relationship between CondoHQ and any Authorized Representative, or between CondoHQ and any Customer or User with respect to the appointment, supervision, or activities of any Authorized Representative.

CondoHQ acts solely as a technology provider.

Fees and payment obligations are governed by the applicable Order Form.

Unless otherwise expressly stated in writing, all fees are non-refundable.

CondoHQ may suspend access for overdue amounts.

Payment processing may be performed through Third-Party Services, including Stripe.

CondoHQ is not responsible for the availability, performance, security, outputs, actions, omissions, or practices of Third-Party Services.

As between the parties, Customer retains ownership of Customer Data.

Customer grants CondoHQ all rights necessary to host, process, transmit, reproduce, store, secure, access, analyze, display, modify, and otherwise use Customer Data to provide, maintain, improve, secure, support, and operate the Services.

CondoHQ does not verify the accuracy, completeness, timeliness, legality, quality, or reliability of Customer Data, third-party information, vendor information, integrations, external data sources, or information supplied by Users.

CondoHQ has no obligation to verify the authority of any person submitting, accessing, modifying, receiving, approving, transmitting, or acting upon Customer Data, including any Authorized Representative.

CondoHQ may rely upon permissions, authorizations, account configurations, authorization records, and information reflected within the Services when processing, disclosing, or acting upon Customer Data.

CondoHQ acts as a processor, service provider, or equivalent service provider with respect to Customer Data as described in the Privacy Policy and any applicable DPA.

The Services and all related software, technology, workflows, functionality, documentation, methodologies, systems, content, interfaces, and intellectual property are owned by CondoHQ Inc. or its licensors.

Except for the limited rights expressly granted herein, no rights are granted to Customer or Users.

CondoHQ exclusively owns all right, title, and interest in and to CondoHQ Intelligence.

Customer acknowledges and agrees that CondoHQ may generate, collect, derive, use, disclose, retain, commercialize, exploit, and otherwise utilize CondoHQ Intelligence for any lawful purpose.

CondoHQ Intelligence does not constitute Customer Data.

No Customer, User, resident, owner, tenant, vendor, contractor, service provider, or other party acquires any ownership interest in CondoHQ Intelligence.

Any suggestions, ideas, comments, feedback, enhancement requests, recommendations, or other input relating to the Services may be used by CondoHQ without restriction, attribution, compensation, approval, or obligation.

The Services may include vendor directories, vendor marketplace functionality, vendor recommendations, vendor intelligence, vendor ratings, vendor classifications, or similar features.

CondoHQ does not endorse, verify, certify, supervise, guarantee, warrant, or assume responsibility for any vendor, contractor, supplier, service provider, product, or service.

Any relationship between a Customer and a vendor is solely between those parties.

Customer and Users may not access or use the Services for competitive analysis, market intelligence, benchmarking, feature replication, product development, model training, reverse engineering, monitoring availability or functionality, development of competing products or services, or any other competitive purpose.

Customer and Users may not use the Services, outputs, analytics, benchmarks, methodologies, models, recommendations, operational intelligence, rankings, classifications, forecasts, scores, workflows, content, functionality, or CondoHQ Intelligence to develop, improve, train, evaluate, validate, benchmark, support, or operate competing products, services, technologies, artificial intelligence systems, machine learning systems, marketplaces, analytics platforms, operational intelligence offerings, or similar solutions.

Any competitive use is unauthorized.

CondoHQ may designate certain features as alpha, beta, preview, pilot, early access, experimental, or similar.

Such features may be incomplete, unstable, unavailable, inaccurate, or subject to change.

Beta and experimental features are provided on an "as-is" basis without warranties of any kind and may be modified, suspended, or discontinued at any time.

CondoHQ may suspend, restrict, disable, terminate, remove, or refuse access at any time for violations of these Terms, violations of the Acceptable Use Policy, non-payment, security concerns, suspected abuse, suspected fraud, unlawful activity, activity by or through Authorized Representatives, misuse of delegated access or granted permissions, or protection of the Services, customers, users, systems, or business interests.

CondoHQ may take such actions with or without notice where permitted by law.

CondoHQ may investigate usage, monitor compliance, review account activity, review authorization records, review permissions and delegations reflected within the Services, review suspected violations, and take actions reasonably necessary to enforce these Terms, protect the Services, protect customers, protect users, protect CondoHQ Intelligence, and protect business interests.

For purposes of enforcement, investigation, suspension, and termination, activity conducted by or through an Authorized Representative may be treated as activity of the applicable Customer or User.

Each party agrees to protect the other party's confidential information using reasonable care.

CondoHQ Intelligence, non-public functionality, pricing, technical information, business information, and security information constitute CondoHQ confidential information.

Customer shall defend, indemnify, and hold harmless the Protected Parties from and against any claims, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to Customer Data, User conduct, Authorized Representative conduct, delegated access, permissions granted to Authorized Representatives, disputes involving Authorized Representatives, reliance upon actual, apparent, or purported authority, allegations that an Authorized Representative lacked authority or exceeded authority, Customer's use of the Services, violations of these Terms, violations of law, failure to obtain required permissions or consents, infringement of third-party rights, or decisions and actions arising from use of the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND.

CONDOHQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, PERFORMANCE, RESULTS, OR OUTCOMES.

WITHOUT LIMITING ANY OTHER DISCLAIMER, RELEASE, INDEMNITY, OR LIMITATION OF LIABILITY, CONDOHQ SHALL HAVE NO LIABILITY ARISING FROM OR RELATING TO AUTHORIZED REPRESENTATIVES, DELEGATED ACCESS, GRANTED PERMISSIONS, AUTHORIZATIONS, ACTUAL AUTHORITY, APPARENT AUTHORITY, PURPORTED AUTHORITY, RELIANCE ON AUTHORIZATIONS, OR ACTS OR OMISSIONS OF PERSONS ACTING OR PURPORTING TO ACT ON BEHALF OF A CUSTOMER OR USER.

WITHOUT LIMITING ANY OTHER DISCLAIMER OR LIMITATION IN THESE TERMS, CONDOHQ SHALL NOT BE LIABLE FOR CLAIMS ARISING FROM CUSTOMER DATA, USER CONDUCT, AUTHORIZED REPRESENTATIVE CONDUCT, DELEGATED ACCESS, GRANTED PERMISSIONS, AI OUTPUTS, OPERATIONAL OUTPUTS, THIRD-PARTY SERVICES, VENDOR RELATIONSHIPS, COMMUNICATIONS, NOTICES, RECOMMENDATIONS, PREDICTIONS, FORECASTS, MAINTENANCE DECISIONS, GOVERNANCE DECISIONS, OPERATIONAL DECISIONS, OR ACTIONS TAKEN IN RELIANCE UPON THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONDOHQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, SAVINGS, ANTICIPATED BENEFITS, OR EXPECTED OUTCOMES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONDOHQ'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STATUTE, EQUITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE FEES PAID TO CONDOHQ BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CondoHQ shall not be liable for any delay, interruption, degradation, unavailability, failure, or inability to perform resulting from causes beyond its reasonable control, including failures of third-party providers, internet outages, cloud outages, artificial intelligence provider outages, utility failures, cyberattacks, labor disputes, governmental actions, natural disasters, acts of war, terrorism, civil unrest, epidemics, pandemics, or similar events.

These Terms are governed by the laws of Ontario, Canada.

Except as expressly provided herein, disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration seated in Toronto, Ontario, Canada.

For Canadian parties, arbitration shall be conducted under applicable Canadian commercial arbitration rules.

For United States parties, arbitration shall be conducted under the AAA Commercial Arbitration Rules, and the Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.

CUSTOMERS AND USERS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR JURY TRIAL.

Notwithstanding the foregoing, CondoHQ may seek injunctive relief, equitable relief, temporary restraining orders, preliminary relief, permanent relief, damages, collections, enforcement actions, or any other remedy available at law or in equity in any court of competent jurisdiction.

CondoHQ is not required to submit any claim to arbitration before pursuing judicial remedies.

CondoHQ's election to pursue judicial remedies shall not constitute a waiver of any right to compel arbitration of claims asserted against it.

Customer and Users acknowledge that violations involving intellectual property, confidential information, CondoHQ Intelligence, competitive use restrictions, unauthorized access, scraping, reverse engineering, security violations, or misuse of the Services may cause irreparable harm for which monetary damages alone would be inadequate.

To the extent an applicable DPA exists, the DPA governs solely with respect to processing of Customer Data.

In the event of a conflict between a DPA and these Terms, the DPA controls only for matters expressly addressed by the DPA.

Customer agrees that CondoHQ records, logs, audit trails, authorization records, permission configurations, system records, security records, billing records, and electronic records may be used as evidence in connection with disputes relating to the Services.

Records maintained by CondoHQ regarding the creation, modification, revocation, use, or administration of any authorization or delegation, including designations of Authorized Representatives, shall be deemed accurate and authoritative absent manifest error.

The provisions relating to CondoHQ Intelligence, intellectual property, confidentiality, feedback, competitive use restrictions, delegated access and Authorized Representatives, indemnification, disclaimers, limitation of liability, dispute resolution, payment obligations, and any provisions that by their nature should survive shall survive termination or expiration.

CondoHQ may modify the Services and these Terms from time to time.

Updated Terms become effective upon posting unless otherwise stated.

Continued use of the Services following an update constitutes acceptance of the revised Terms.

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, applicable DPA, and applicable Order Forms, constitute the entire agreement between the parties regarding the Services.

If any provision is found unenforceable, the remaining provisions shall remain in effect.

Failure to enforce any provision shall not constitute a waiver.

Customer may not assign these Terms without CondoHQ's prior written consent. CondoHQ may assign these Terms without restriction.

Questions regarding these Terms may be directed to legal@condohq.ai.