Terms of Service

These Terms, together with any signed order form or written subscription agreement ("Order"), form the agreement between Max Condo Club and the entity subscribing to the Service ("Customer"). If there is a conflict between these Terms and an Order, the Order controls for that subscription.

Customers may invite users with different roles such as administrator, property manager, concierge, board member, and resident. Customers are responsible for the acts and omissions of their users, for keeping credentials confidential, and for promptly notifying us of any suspected unauthorized access.

You agree not to:

• Use the Service to violate any law or third-party right.
• Upload malware, scrape, or attempt to circumvent security or rate limits.
• Reverse engineer, copy, or resell the Service except as permitted.
• Use the Service to send spam or harassing communications.
• Interfere with the integrity or performance of the Service or its data.

We may suspend access to investigate suspected violations or to protect the Service and other users.

"Customer Data" means information submitted to the Service by or for a Customer, including resident records, operational logs, and uploaded files. Customer retains all rights in Customer Data. Customer grants us a limited license to host, process, transmit, display, and back up Customer Data solely to provide and improve the Service and to comply with law.

Our handling of personal information is described in our Privacy Policy.

Fees are described in the applicable Order or on our pricing page. Subscriptions are billed in advance on a monthly or annual basis based on the number of doors (residential units) under management. Door counts are reconciled periodically; net additions are billed pro-rata. Fees are non-refundable except as required by law. Late amounts accrue interest at the lower of 1.5% per month or the maximum permitted by law.

Taxes are excluded and are the Customer's responsibility, except for taxes on our net income.

If we make the Service available on a trial or pilot basis, the Service is provided "as is" without warranty for that period and may be terminated by either party at any time. Any data created during a trial may be deleted if the Customer does not convert to a paid subscription.

We and our licensors retain all rights, title, and interest in the Service, including all software, design, content, and trademarks. No rights are granted except those expressly stated in these Terms. Feedback you provide may be used by us without restriction or obligation.

The Service may integrate with third-party products such as email and SMS gateways, payment processors, and document storage providers. Those services are governed by their own terms; we are not responsible for their acts or omissions.

Each party agrees to protect the other's non-public information disclosed under these Terms with the same care it uses for its own confidential information, and at least reasonable care, and to use it only to perform under these Terms.

We warrant that the Service will materially conform to its documentation during an active subscription. EXCEPT FOR THIS WARRANTY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Customer will defend and indemnify us against claims arising from Customer Data or Customer's use of the Service in violation of these Terms. We will defend and indemnify Customer against third-party claims that the Service, used as permitted, infringes that third party's intellectual property rights, subject to standard exclusions and remedies.

These Terms apply for the duration of your subscription. Either party may terminate for material breach not cured within 30 days of written notice. On termination, access to the Service ends; we will make Customer Data available for export for 30 days, after which it may be deleted in accordance with our data retention practices.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.

We may update these Terms from time to time. If we make a material change, we will provide notice through the Service or by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Email legal@maxcondoclub.com or visit our support page.