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I consent to receive commercial electronic messages such as emails, newsletters, notifications, and promotional and informational messages, from, or sent on behalf of, Rental Deposits Now, and its service providers about their products and services, and in relation to any services provided to me. To withdraw this consent at any time please contact us at: support@rentaldepositsnow.ca.

Effective Date: 2023-01-01

This End User License Agreement (the “Agreement”), is a legal agreement between you (referenced herein as "you", "user" or “your”) and Rental Deposits Now (referenced herein as “Company”, “us” or “our”) that applies to use of the web-based electronic software platform that serves consumers, real estate agents, mortgage brokers and other industry professionals (the “Company Services”), operable for: deposit waivers for a residential real estate leases (collectively the “Deposits”).

You should read carefully the entirety of this Agreement, as the terms of this Agreement govern your use of the Company Services, including its content and functionality. If you do not agree with the terms of this Agreement you are not granted permission to access or otherwise use the Company Services and are instructed to exit the Company Services immediately.

By accessing and/or using the Company Services you acknowledge that you have read, understand and agree to comply with this Agreement as well as (i) the Privacy Policy available at Privacy Policy (the “Privacy Policy”); and all laws applicable to the Company Services and your use thereof. You agree that the Agreement shall be the equivalent of a written paper agreement between you and Company.

You agree that it is solely your responsibility to ensure that your access to and use of the Company Services complies with the laws of your jurisdiction. We make no representation that the Company Services is appropriate or available for use outside Canada.

We reserve the right at any time and from time-to-time to modify, edit and update this Agreement and any of our policies. You should review this Agreement and all policies regularly to make sure that you are aware of any changes. Your access to use of the Company Services on and after the date on which we post the revised terms constitutes your acceptance of the Agreement as revised as well as of any revised policies.

The Company Services, content therein and materials linked therefrom, do not constitute accounting, broking, consulting, investment, insurance, legal, tax or any other type of professional advice. You should seek advice from appropriate professional advisors who have full knowledge of your situation. Your use of the Company Services and any content therein, or materials linked therefrom, is at your own risk.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Company Services, including all related expenses, if any.

1. Access and Use.

1. Provision of Access. Subject to and conditioned on your payment of fees charged for access and use of the Company Services (the “Fees”), if any, and compliance with the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable right to access and use the Company Services in accordance with the terms of this Agreement, during the time period for which you have pre-paid Fees and/or Company Services are required in relation to a Deposit, unless this Agreement terminated in accordance with the terms herein. If you are an individual using the Company Services for personal purposes, such use is limited to your internal and personal use, and you are expressly prohibited from making copies of the Company Services or any of its content or functions to any other person or entity. If you are using the Company Services on behalf of an organization or in a professional capacity, such use is limited to your use for such organization on behalf of its clients, and in your professional capacity on behalf of your clients, and you are expressly prohibited from making copies of the Company Services or any of its content or functions to any other organization or person other than your clients. Company shall provide to you the necessary access information and permissions or connections to allow you to access the Company Services.
2. Use Restrictions. You shall not use the Company Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not assist or permit any other person or entity to: (i) copy, modify, or create derivative works of the Company Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Company Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Company Services, in whole or in part; (iv) remove any proprietary notices from the Company Services; or (v) use the Company Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
3. Suspension. Notwithstanding anything to the contrary in this Agreement, Company may temporarily suspend your access to any portion or all of the Company Services if: (i) Company reasonably determines that (A) there is a threat or attack on any of the Company IP, (B) your or any Authorized User's use of the Company IP disrupts or poses a security risk to the Company IP or to any other customer or vendor of Company, (C) you are using the Company IP for fraudulent or illegal activities, or (D) Company's provision of the Company Services to you or any Authorized User is prohibited by applicable law; (ii) any vendor of Company has suspended or terminated Company's access to or use of any third-party services or products required to enable you to access the Company Services or part thereof; or (iii) in accordance with Sections 3(a) or 8 (any such suspension described in (i), (ii), or (iii) of this Section 1(c), being a “Service Suspension”). Company is not required to provide you with any notice of any Service Suspension or to provide any updates regarding resumption of access to the Company Services following any Service Suspension. Company shall use commercially reasonable efforts to resume providing access to the Company Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension.
4. APIs. We may develop one or more application programming interface (“API”) for you for access to the Company Services if you are an organization. The scope of work and fees for creating any API shall be in accordance with a statement of work which shall be deemed to be incorporated in the terms of this Agreement between you and us. Any fees for creating an API shall be deemed Fees under this Agreement, and all such APIs shall be deemed to be included in the definitions of Company Services and Company IP under this Agreement. You will be responsible for all obligations and liabilities for ensuring that the API(s) function in accordance with all applicable laws, including privacy and data security laws.
5. Links to Third Party Content.  We may provide links in the Company Services to third party applications, websites, or networks (“Third Party Links”).  We exercises no control the Third Party Links.  Your dealings with third parties, including via Third Party Links, are solely between you and such third party.  We hereby expressly disclaim and shall not have any liability or responsibility for Third Party Links, or in connection with any dealings between you and any third party. 

2. Your Responsibilities.

1. General. You are responsible and liable for all uses of the Company Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.
2. You will be required to register and set-up an account in order to access and use the Company Services (a “Service account”). The Company Services will be accessible by you as SaaS (Software-as-a-Service). You hereby agree to comply with all of the terms of this Agreement and any additional terms imposed at the time when you set-up an account and as may be imposed from time to time for any services and tools, whether in a live or test environment, that are accessible and useable through your account, and to comply with all applicable laws in relating thereto.
3. Your account is for a single user only. To set-up and utilize your account will require you to provide information, and to be granted access credentials, such as a user name and a password, and/or adherence to other particular access requirements as designated by Company in its sole discretion from time to time. For clarity, all information provided by you for your account is deemed to be User Data for the purpose of this Agreement. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Company, which may be withheld in its sole discretion. You shall immediately notify Company if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.
4. You hereby consent to all uses of User Data by us and third parties in accordance with this Agreement, and acknowledge that such User Data may be transferred outside of Canada and may be treated in accordance with foreign laws as a result of such transfer. We will apply commercially reasonable efforts to handle the User Data in a manner consistent with applicable laws.
5. You will be solely and wholly responsible for the storage, maintenance, accuracy, applicability, and reliability of all information and data that you utilize with, or otherwise in relation to, functions of the Company Services, and for all protection thereof, and compliance with all applicable laws relating thereto, including but not limited to all privacy, data protection and data breach laws. All such information and data, as well as all information provided for the Company Services and your account, are User Data for the purpose of this Agreement and shall be subject to all of the obligations and limitation relating to User Data.
6. The Company Services may offer tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Company Services. In addition, downloading, installing, or using the Company Services may be prohibited or restricted by your mobile carrier, and not all functionality on the Company Services will work with all carriers or devices or in all locations. You are solely responsible for checking with your mobile carrier to determine if the Solution is available for your mobile devices; what restrictions, if any, may be applicable to your use of the Computer Services; and how much such use will cost you. Nevertheless, your use of the Company Services shall be strictly in accordance with this Agreement.

3. Fees and Payment. You shall pay Company all Fees without off-set or deduction. You are responsible for all taxes relating to all Fees.

4. Confidential Information. You may access or otherwise be made aware of information about Company, the Company Services and/or third parties, including but not limited to information relating to business affairs, products, trade secrets and other intellectual property, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, whether or not marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). You shall not disclose the Confidential Information to any person or entity. Should you be required to disclose Confidential Information in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, you shall first give written notice to Company with sufficient advance notice that Company may seek to obtain a protective order, and should disclosure still be required you shall only disclose the Confidential Information that is explicitly required to comply with said order. You shall not keep any copies of Confidential Information, and must destroy all such copies and certify in writing to Company that such Confidential Information has been destroyed should Company request such certification. Your obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and survive any termination or expiration of this Agreement.

5. Intellectual Property Ownership; Feedback.

1. Company IP. You acknowledges that, as between you and Company, Company owns all right, title, and interest, including all intellectual property rights, in and to the Company IP and, with respect to Third-Party Products, the applicable third-party own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products. Company reserves all rights not expressly granted to you in this Agreement, including but not limited to rights in derivative works. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Company Services or any other Company intellectual property (collectively the “Company IP”). For clarity, the Company Services may provide access to content that is licensed to Company by third parties, and such content shall be protected as Company IP, in accordance with the terms of this Agreement. You are responsible for reporting to Company in a timely manner any infringement or threat of infringement of the Company Services or any Company IP. Company shall have the sole right to pursue any action relating to any such infringement, at its sole discretion.
2. Feedback. If you send or transmit any communications or materials to Company by mail, email, telephone, via the Company Services, or otherwise, suggesting or recommending changes to the Company IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Company is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to Company all right, title, and interest in the Feedback, and Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback.

6. Your Representations. You represent and warrant that: (a) you are at least the legal age of majority (in your province, territory, or locality of residence); (b) you will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), consents and authority) when submitting information or data, including but not limited to User Data, through or to the Company Services; (c) you access the Company Services of your own volition and are responsible for compliance with these this Agreement and all applicable laws, rules, and regulations with respect to your use of the Company Services; and (d) you have complied completely and honestly, and provided accurate information, for all account and authorization processes.

7. User Data. All information, data and materials that you provide or utilize with or in relation to functions of the Company Services are collectively “User Data”. You agree you will not upload, post, display, or transmit any User Data if such User Data, any part thereof, or the act of providing the User Data, would be considered: (a) defamatory, abusive, or a violation; (b) to diminish, infringe, misappropriate or violate of any intellectual property or other property or proprietary rights of Company or any third party; or (c) unlawful in any other way. Company is not responsible for screening, policing, editing, or monitoring your or another user’s User Data and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Data. Nevertheless, if you violate this Agreement, Company may, in its sole discretion, take whatever action is necessary to protect Company’s legal or equitable rights, or otherwise enforce this Agreement. Moreover, it is a policy of Company to take appropriate actions under applicable intellectual property laws. If you become aware of User Data that violates these rules regarding acceptable behavior or content, you may contact Company as provided herein.

8. Permission to Use User Data. By using the Company Services to transmit, process, provide, distribute, or display User Data, you: (i) automatically grant Company and any current or future parents, subsidiaries, successor and assigns, as well as any affiliated current or future corporations, organizations, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display such User Data (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information; (ii) acknowledge that such User Data (in the form received or provided by you) is non-confidential for all purposes and that Company owes no obligation of confidentiality, attribution, or approval, and has no control over the extent to which any idea or information may be used by any other party or person; (iii) agree you will receive no compensation for any User Data; (iii) hereby waive any right to enforce any intellectual property or proprietary right against Company and its parent, affiliates, and subsidiaries as a result of or on the basis of any use or exploitation of any User Data, or incorporation of any User Data into any Company product or service; (iv) confirm our right to use (and to allow third parties to use) such User Data in connection with the operation of the Company Services and Company operations generally, including without limitation for our advertising and marketing purposes, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on such User Data; (v) agree not to provide us with any User Data or programs that contain viruses, Trojan horses or tools that have the effect of compromising the security of the Company Services or other websites or third party services. Company reserves the right to suspend functions of the Company Services, any community forum, or any other means for providing User Data at any time at its sole discretion.

9. Content & Output. Company will not be responsible for: (a) any damages you or any third-party may suffer as a result of the submission, transmission, provision, processing, storage or receipt of User Data or any confidential or proprietary information that you make, that you expressly or implicitly authorize Company to make, or that is generated by the Company Services (the “Output”), or (b) any errors or any changes made to any submitted, transmitted, stored or received information or User Data. You are solely responsible for the retrieval and use of the content of the Company Services, User Data and Output. You should apply your own judgment in making any use of any content of the Company Services, User Data or Output, including, without limitation, the use of the information as the basis for any conclusions.

10. Security. Notwithstanding that we apply security measures to the Company Services, there is no guarantee that information or personal information on the Company Services or on the Internet, or submissions to the Company Services or through the Internet will be maintained as confidential and secure. The use of the Company Services, output, and content is at your own risk and company assumes no liability or responsibility pertaining to the company services, its content, Company IP, works, output, or to your use thereof, or to the receipt, storage, transmission or other use of user data, your information or personal information.

11. Warranty Disclaimer. THE COMPANY SERVICES AND COMPANY IP ARE PROVIDED "AS IS" AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE COMPANY SERVICES, COMPANY IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

12. Indemnity. You hereby agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates, third parties engaged by Company, third parties that assist Company, and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in respect of or arising from your use of the Company Services, the User Data, or any breach of any term of this Agreement or applicable law.

13. Limitations of Liability. IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL FEES PAID BY YOU IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14 Term and Termination.

1. Term. The term of this Agreement begins upon the date when you first set-up an account for the Company Services and will only continue during the period of time for which you have paid Fees for access and use of the Company Services, and/or Company Services are required in relation to a Deposit, unless earlier terminated in accordance with the terms of this Agreement.
2. Termination. In addition to any other express termination right set forth in this Agreement, Company may terminate this Agreement, effective on written notice to you, if you: (i) fail to pay any Fee or other amount when due hereunder, and such failure continues more than fifteen (15) days after Company's delivery of written notice thereof; or (ii) breach any of your obligations or any of your representations and warranties under this Agreement.
3. Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, you shall immediately discontinue use of the Company IP, including the Company Services. No expiration or termination of this Agreement will affect your obligation to pay all Fees that may have become due before such expiration or termination, or entitle you to any refund.
4. Survival. The sections of this Agreement that by their nature survive termination or expiration of this Agreement shall survive termination and expiration.

15. Compliance with Investigation. Company will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.

16. Miscellaneous.

1. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
2. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section).
3. Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control, including but not limited to acts of God, epidemics, pandemics, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labour stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
4. Amendments and Modifications. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party.
5. Waiver. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
6. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
7. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. The parties hereto hereby (i) irrevocably and unconditionally attorn and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to any legal action or proceeding relating to this Agreement; (ii) irrevocably waive and agree not to assert, in any such legal action or proceeding, any objection they may now or hereafter have to the laying of venue of any legal action or proceeding in such courts including, without limitation, any objection that such courts are an inconvenient forum; and (iii) agree not to assert that any judgment or order duly obtained against them in any action or proceeding brought in any such court should not be enforced in any other court which has jurisdiction, by registration of said judgment or order, or by any other means available for enforcement of judgments or orders.
8. Assignment. You may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Company, which consent shall not be unreasonably withheld. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
9. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 1(b), Section 2 or Section 4, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
10. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
11. Contact Us. If you have any questions about the Company Services or this Agreement, please contact Company at the following email address: support@rentaldepositsnow.com

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