Resident Portal Terms of Service

These Terms of Service, together with any incorporated Privacy Policy, payment terms, house rules, community guidelines, and any property-specific addenda, govern access to and use of the My Condo Space Resident Portal platform, website, mobile application, text alerts, email notifications, document-delivery tools, payment tools, work-order tools, and related services (collectively, the “Portal”) made available by My Condo Space Inc., acting on its own behalf and/or as agent, manager, administrator, or service provider for one or more owners, landlords, condominium corporations, associations, cooperatives, or property-owning entities (collectively, the “Company”).

By creating, accessing, or using an account, clicking “I agree,” submitting information through the Portal, or otherwise using the Portal, you agree to these Terms. If you do not agree, do not use the Portal.

For Ontario residential properties, and for any other jurisdiction with mandatory housing statutes, these Terms do not amend, limit, waive, replace, or override any right, remedy, duty, notice requirement, tribunal process, court process, rent control rule, maintenance obligation, deposit rule, or other provision that cannot lawfully be waived or altered by private agreement. To the extent a provision of these Terms conflicts with applicable mandatory law, that law prevails and the conflicting provision is deemed modified only to the minimum extent necessary to comply with law.

1. Definitions

“Account” means a user credential or profile used to access the Portal. “Resident” means a tenant, occupant, applicant, guarantor, co-tenant, household member, or other person associated with a residential unit. “Owner” means an owner, landlord, lessor, unit owner, board member, investor, or authorized property representative. “User Content” means information, documents, comments, photos, maintenance requests, messages, payment instructions, support submissions, and other content submitted by a user. “Applicable Law” means all statutes, regulations, common-law rules, tribunal rules, bylaws, and binding regulatory requirements applicable to the Portal, the property, and the user relationship, including housing, privacy, consumer-protection, anti-spam, e-commerce, and records laws.

2. Eligibility and authority

You represent that you are at least the age of majority in the jurisdiction where you reside or otherwise have legal capacity to enter into a binding agreement, or that a parent, guardian, trustee, attorney, or other legally authorized representative has agreed to these Terms on your behalf and authorized your use of the Portal. If you use the Portal for a business, ownership entity, landlord, board, or other organization, you represent that you have authority to bind that entity. The Company may require proof of identity, authority, occupancy, tenancy, ownership, agency, or account eligibility before activating or continuing access.

3. Account creation and security

You must provide accurate, current, and complete information when creating or updating an Account and must promptly update any material change, including your legal name, contact details, mailing address, email address for notices, payment details you voluntarily choose to store, and authorized-user information. You are responsible for maintaining the confidentiality of account credentials, using strong passwords, enabling multi-factor authentication where offered, and restricting access to your devices and inboxes. You are responsible for all activity occurring through your Account except to the extent caused by the Company’s unauthorized access, security failure, or other breach of these Terms or Applicable Law. You must promptly notify the Company of suspected unauthorized access, credential compromise, identity misuse, or account error.

4. Electronic communications and consent

You consent to receive communications electronically from the Company through the Portal, email, SMS, push notification, or other electronic means permitted by law, including account notices, maintenance updates, billing communications, receipts, disclosures, announcements, and support responses. You may withdraw consent to non-mandatory electronic communications by following the Portal settings or notice instructions, but withdrawal may limit Portal functionality. Where Applicable Law requires separate, express, or written consent for electronic service, electronic delivery, or electronic signature, such consent will be obtained separately and may be revoked as permitted by law. For greater certainty, general Portal notifications are courtesy communications unless the communication expressly states that it is intended as a formal legal notice and the method used is permitted by Applicable Law.

5. No exclusive legal-notice channel

Unless Applicable Law expressly permits otherwise and any required consent has been obtained, the Portal is not the exclusive method for serving statutory notices, tribunal documents, eviction notices, rent-increase notices, entry notices, default notices, or other communications for which a specific legal service method is required. Failure of the Portal, an email filter, SMS routing, a third-party push service, or user inattention to a courtesy notification does not invalidate any communication otherwise validly served under Applicable Law.

6. Permitted use

You may use the Portal solely for lawful residential property administration, tenancy, ownership, occupancy, payments voluntarily made through available payment channels, maintenance requests, document review, communications, amenity bookings, and other functions expressly made available by the Company. You must use the Portal in good faith and only for matters reasonably connected to the property or account.

7. Prohibited conduct

You must not:

• use the Portal for unlawful, harassing, defamatory, discriminatory, fraudulent, abusive, or threatening activity
• impersonate another person
• submit false maintenance emergencies
• upload malware, ransomware, scripts, or malicious code
• attempt to circumvent authentication or access controls
• scrape data at scale
• probe vulnerabilities
• access another user’s data without authorization
• use the Portal to interfere with property operations
• resell or commercially exploit access
• use automated tools except as expressly permitted in writing
• reverse engineer the Portal except to the limited extent non-excludable law permits
• or submit content that infringes another person’s intellectual-property, privacy, confidentiality, or other rights

8. Payments, fees, billing, and collections

The Portal may permit users to view balances, make one-time payments, enroll in recurring payments, pay fees, reserve amenities, or purchase optional services. All amounts displayed are subject to correction of clerical, technical, posting, allocation, or processor error. Payments are processed by our designated payment processor(s) or another designated service provider, and additional processor terms may apply.

For Ontario residential tenancies, no term of the Portal shall require a tenant or prospective tenant to use automatic debit, recurring card charge, post-dated cheques, or any other automatic payment method as a condition of tenancy, occupancy, lease continuation, lease renewal, or access to mandatory housing services. Recurring payment enrollment is voluntary unless a different rule is lawfully applicable to a non-tenant user category, such as an owner or commercial user. Any convenience fee, administrative fee, returned-payment fee, late fee, deposit, or other charge must be separately disclosed and shall apply only to the extent permitted by Applicable Law, the governing lease, declaration, bylaws, rules, or other binding property instrument. If a charge is prohibited by Applicable Law, it does not apply even if displayed in the Portal.

The Company may credit payments in the order and manner permitted by Applicable Law, the governing agreement, or the owner’s bookkeeping policies. Users are responsible for verifying account information before authorizing payment. The Company is not responsible for delays caused by banks, payment networks, payment processors, browser issues, email outages, user error, or force majeure.

9. Refunds and reversals

Except as required by Applicable Law, expressly stated in writing, or arising from duplicate charge, processor error, or Company posting error, fees paid through the Portal are non-refundable. If Applicable Law grants a cancellation, rescission, chargeback defense, deposit refund, or other mandatory refund right, nothing in these Terms limits that right. If a payment is reversed, dishonoured, charged back, disputed, refunded by card issuer, or returned by bank, the underlying obligation remains outstanding unless Applicable Law provides otherwise.

10. Service availability, maintenance, and changes

The Company may maintain, modify, suspend, or discontinue any Portal feature at any time, with or without notice, where reasonably required for maintenance, security, compliance, performance, vendor changes, or business needs. The Portal may be unavailable because of scheduled maintenance, upgrades, telecommunications outages, third-party service interruptions, cyber events, emergency response, or causes beyond the Company’s reasonable control. The Company will use commercially reasonable efforts to maintain availability but does not guarantee uninterrupted, error-free, or time-critical operation. The Portal does not replace emergency services, life-safety communication channels, or mandatory legal response processes.

11. Property maintenance and emergencies

Maintenance-request, work-order, and messaging tools are convenience features only. Submission of a request through the Portal does not expand, reduce, or otherwise alter any statutory repair, maintenance, habitability, or entry right or obligation. Users must follow posted emergency procedures for fire, flood, gas leak, lockout, medical emergency, security event, or other urgent matter. The Company may prioritize, classify, dispatch, or document maintenance requests in its discretion, subject to Applicable Law and property policy.

12. Intellectual property

The Portal, including software, interfaces, workflows, document templates, compilations, branding, logos, designs, audiovisual content, and underlying code, is owned by the Company or its licensors and is protected by intellectual-property law. Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Portal for its intended purposes. No ownership rights are transferred. You may not copy, distribute, modify, create derivative works from, publicly display, commercially exploit, or otherwise use Portal materials beyond ordinary authorized use without prior written consent.

13. User Content and limited licence

You retain whatever rights you may have in User Content. You grant the Company and its subcontractors a non-exclusive, worldwide, royalty-free, transferable-for-service-provision, limited licence to host, store, reproduce, display, transmit, format, index, and otherwise process User Content as necessary to operate, secure, support, investigate, improve, and comply with legal obligations relating to the Portal and the managed property. You represent that you have the necessary rights and permissions to submit the User Content and that the User Content is accurate to the best of your knowledge.

The Company may remove, redact, preserve, or disclose User Content where reasonably necessary to enforce these Terms, protect residents, protect property, investigate complaints, comply with law, respond to lawful demands, prevent fraud, or maintain the integrity of the Portal.

14. Privacy, data collection, and consent

The Company collects, uses, stores, and discloses personal information in accordance with the Privacy Policy and Applicable Law. Depending on the user relationship and Portal features, this may include identity data, contact information, lease or ownership records, payment and transaction data, support communications, maintenance history, device and log data, document metadata, entry-related information, amenity usage, and other information reasonably necessary for property administration, legal compliance, security, fraud prevention, and service delivery. By using the Portal, you acknowledge that personal information may be collected, used, and disclosed for the identified purposes set out in the Privacy Policy and these Terms.

Where law requires consent, your consent is limited to the purposes identified to you. You may withhold or withdraw consent to optional processing where permitted by law, but doing so may limit features that depend on that information. The Company may also process information without consent where authorized or required by law, including for fraud prevention, debt collection, safety, legal compliance, dispute resolution, and network security.

15. Data retention

The Company will retain personal information and Portal records only as long as reasonably necessary for the identified purposes, for property administration, to comply with legal, accounting, tax, tribunal, insurance, security, limitation, records-management, and evidence-preservation obligations, or as otherwise permitted or required by Applicable Law. Retention periods may differ by document type, user category, incident type, and jurisdiction. The Company may anonymize or securely delete information when retention is no longer required, subject to legal holds, backup cycles, and system architecture.

16. Security measures

The Company uses administrative, technical, and physical safeguards appropriate to the sensitivity of the information it controls, which may include role-based access controls, credential controls, audit logging, encryption in transit, encryption at rest where implemented, vendor due diligence, staff confidentiality obligations, training, secure-development practices, patching, monitoring, and incident-response procedures. No system is perfectly secure, and the Company does not warrant absolute security. Users are responsible for securing their own devices, networks, email accounts, and passwords.

17. Privacy breaches and security incidents

If the Company determines that a breach of security safeguards involving personal information under its control requires notice to regulators, individuals, or third parties under Applicable Law, the Company will provide such notice in the form, content, and timing required by law. The Company may withhold or limit specific technical details where disclosure would create security risk, interfere with law-enforcement direction, or otherwise be restricted by law.

18. Third-party services, processors, and links

The Portal may integrate with or rely on third-party software, cloud hosts, analytics providers, document-signature providers, customer-support systems, identity services, payment processors, mapping tools, telecommunication providers, or other vendors. The Company may also host or process data in Ontario, elsewhere in Canada, the United States, and other jurisdictions disclosed in the Privacy Policy, and by using the Portal you acknowledge that information may be processed in the jurisdictions disclosed in the Privacy Policy or other notice. Third-party services may have separate terms and privacy practices. The Company is not responsible for third-party sites, apps, processors, or services except to the extent liability cannot lawfully be excluded and except for obligations imposed by Applicable Law on an organization controlling personal information under its care.

19. Disclaimers

The Portal is provided on an “as is” and “as available” basis to the fullest extent permitted by law. Except as expressly stated in writing, the Company disclaims all representations, warranties, and conditions, whether express, implied, statutory, or collateral, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, availability, interoperability, and non-infringement. The Company does not promise that Portal content is complete, current, or error-free at all times, that a payment will post at a particular moment, or that a user-submitted request will satisfy a legal notice requirement.

Nothing in this section excludes any warranty, condition, guarantee, representation, remedy, or right that cannot lawfully be excluded, restricted, or modified under Applicable Law.

20. Limitation of liability

To the maximum extent permitted by Applicable Law, the Company and its affiliates, officers, directors, employees, agents, property clients, licensors, and service providers shall not be liable for indirect, incidental, special, consequential, punitive, exemplary, or aggravated damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, data loss, corruption, downtime, business interruption, reputational harm, or cost of substitute services, arising out of or related to the Portal, these Terms, or user reliance on Portal content, even if advised of the possibility of such damages.

To the maximum extent permitted by Applicable Law, the aggregate liability of the Company for all claims arising from or relating to the Portal shall not exceed the greater of: (a) the total amount paid by you directly to the Company for Portal-specific services in the twelve months preceding the event giving rise to the claim; or (b) C$100, unless a different cap is required or prohibited by Applicable Law. The foregoing cap does not apply to liability that cannot lawfully be limited, including any liability expressly preserved by statute. [Alternative commercial-user wording: “For non-consumer owner or commercial accounts, the aggregate cap shall be the fees paid in the prior 12 months or C$5,000, whichever is greater, except for wilful misconduct, fraud, or non-excludable statutory liability.”]

21. Indemnification

To the extent permitted by law, you will indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, property clients, and service providers from and against third-party claims, losses, damages, liabilities, judgments, penalties, costs, and reasonable legal fees arising from your unlawful use of the Portal, breach of these Terms, infringement by your User Content, fraudulent payment activity initiated through your Account, or misuse of another person’s information, except to the extent caused by the Company’s own negligence, wilful misconduct, or violation of law. This indemnity does not apply to Ontario residential users to the extent it would operate as an unlawful waiver of statutory rights or remedies.

22. Complaint handling and dispute resolution

If you have a complaint about billing, account access, maintenance-request handling, privacy, records, or Portal functionality, you agree to first send a written notice to our contact form describing the issue in reasonable detail and any supporting records. The Company will make commercially reasonable efforts to review and respond within 10 business days or such other period as may be reasonable in the circumstances.

For Ontario residential tenancies and Ontario consumer agreements, nothing in these Terms prevents a user from commencing or participating in any application, complaint, tribunal process, court proceeding, or class proceeding that cannot lawfully be waived or restricted. The parties may, by mutual written agreement after a dispute arises, attempt non-binding mediation. Any mediation shall not suspend or impair a limitation period or statutory filing deadline unless the parties expressly agree in writing and such agreement is legally effective.

[Alternative clause for non-consumer owners, vendors, or jurisdictions permitting arbitration: “Any dispute arising out of or relating to these Terms or the Portal that is not subject to non-waivable statutory housing or consumer rights shall be resolved by confidential binding arbitration administered by an ADR provider designated by the Company in Toronto, Ontario, except either party may seek injunctive relief or bring an individual claim in a court of competent jurisdiction where arbitration is unavailable or inappropriate under Applicable Law.”]

23. Governing law and jurisdiction

Except where mandatory law requires otherwise, 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-laws rules. If the Portal is used for a property outside Ontario, the Company may substitute the law of the property jurisdiction in a property-specific addendum. Any dispute not subject to non-waivable tribunal jurisdiction and not resolved by agreed mediation shall be brought in the courts located in Toronto, Ontario, unless Applicable Law requires another forum.

24. Class actions and collective relief

Nothing in these Terms operates as a waiver of any right to participate in a class proceeding, representative proceeding, tribunal process, or other collective or public enforcement mechanism where Applicable Law prohibits such waiver. [Alternative U.S./commercial wording subject to local review:] “To the extent permitted by Applicable Law, claims must be brought on an individual basis and not as a class, collective, coordinated, mass, or representative action.”

25. Suspension and termination

The Company may suspend, restrict, or terminate Portal access immediately where reasonably necessary for security, fraud prevention, non-payment of Portal-specific charges, legal compliance, property transition, account inactivity, repeated abuse, violation of these Terms, or protection of residents, staff, systems, or property. The Company may also deactivate access when the related tenancy, occupancy, ownership, management contract, agency relationship, or user authorization ends. The Company will use reasonable efforts to preserve documents or records that must be retained by law, contract, or litigation hold. Termination of Portal access does not terminate any lease, occupancy status, ownership interest, debt, statutory duty, or other legal relationship unless separately agreed in writing.

26. Notice procedures

Notices from the Company under these Terms may be delivered by posting in the Portal, emailing the address on file, mailing to the address on file, or by another method permitted by law. You are responsible for keeping your contact information current. Notices to the Company must be sent to our notice channels, except where the Privacy Policy specifies a privacy-contact method or a property-specific process applies. Formal legal notices requiring a particular method of service must be served in that method.

27. Amendments

The Company may amend these Terms from time to time to reflect legal, operational, technical, security, or service changes. For material changes, the Company will provide reasonable notice by Portal posting, email, or other suitable method and will state the effective date. Where required by law or where the change materially expands the Company’s rights to use previously collected personal information, the Company will seek additional notice, consent, or acceptance as required. Continued use of the Portal after the effective date constitutes acceptance of the amended Terms, except to the extent continued use is not a legally sufficient form of consent under Applicable Law.

28. Records and evidentiary use

Electronic records maintained by the Company in the ordinary course of business, including versioned Terms, acceptance logs, account activity logs, message records, payment records, and consent records, may be used to establish a communication, transaction, or acceptance to the extent permitted by law.

29. Severability

If any provision of these Terms is held invalid, unenforceable, or inapplicable, the remaining provisions remain in effect, and the invalid provision shall be deemed modified only to the minimum extent necessary to make it enforceable or lawful.

30. Assignment

You may not assign or transfer your rights or obligations under these Terms without the Company’s prior written consent, except where assignment occurs by operation of law and cannot lawfully be restricted. The Company may assign or transfer these Terms, in whole or in part, to an affiliate, successor, purchaser, new manager, owner client, or service provider in connection with merger, sale, corporate reorganization, financing, or property-management transition, subject to Applicable Law and the Privacy Policy.

31. Entire agreement

These Terms, together with the Privacy Policy, any payment terms, any property-specific rules or addenda, and any separate written electronic-service or signature consent, form the entire agreement between you and the Company regarding the Portal and supersede prior Portal-related understandings, but do not supersede the lease, occupancy agreement, condominium governing documents, ownership agreement, or other underlying property instrument except to the extent expressly stated in writing and legally permitted.

32. Survival

The provisions relating to fees owed, refunds, records, intellectual property, User Content licence, privacy, confidentiality, breach response, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, severability, assignment, and any other provision that by its nature should survive, shall survive suspension or termination.

33. Contact information

Questions about these Terms should be directed to our legal contact channels, our Privacy Policy contact channels, our support channels, or our mailing address on file. Privacy inquiries, access requests, correction requests, and complaints may be sent to the Privacy Officer via the contact details in our Privacy Policy. Property-specific emergency or maintenance contacts remain governed by the property’s posted procedures and not by this contact clause.