Terms of Service – Landlords

1. Introduction

These Terms of Service govern your use of the BUILDING STACK® services (the “Services”), operated by Gotham Management Inc. (collectively in these Terms of Service, “Building Stack”, “we”, or “us”), your access to any of our websites including app.buildingstack.ca (the “Website”), or when contacting Building Stack by e-mail or otherwise. We may add additional sites from time to time as we expand our services and these Terms of Service will govern those new sites when added. You may be accessing our website from a computer or mobile phone device and these Terms of Service govern your use of our Website and your conduct, regardless of the means of access. You may be using our interactive services and these Terms of Service governs your use of those interactive services.

Building Stack reserves the right to change or modify any of the terms and conditions in these Terms of Service from time to time, any time, without notice and in its sole discretion. Any changes or modifications to these Terms of Service will be effective upon posting of the changes. Unless explicitly stated otherwise, any new features, which enhance or augment Building Stack’s current Services offering shall be subject to the Terms of Service. Your continued use of the Website following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Website. You are responsible for regularly reviewing the most current Terms of Service which are available on our Website.

You signify your acceptance of these Terms of Service and our Privacy Policy by clicking the “Accept” button and continuing to access or use this Website, or any Service available on the Website. If, at any time, you do not wish to accept these Terms of Service, you should not use our Services or the Website.

2. Use of the Services

You agree to use the Services for lawful purposes only and in a way that does not prejudice the rights or does not restrict or hinder the use of the Website by any person. You shall not copy, save or otherwise use the data from the Service’s database, except as expressly permitted by these Terms of Service. You may not, without limitation: (i) duplicate the Services or any of the materials and/or content contained therein; (ii) create derivative works based on the Services or any of the materials and/or content contained therein or integrate it within a service of your own; (iii) use the Services or any of the materials and/or content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (iv) distribute the Services or any of the materials and/or content contained therein, except as specifically intended for in the Services; or (v) resell, redistribute or sublicense the Service or offer it for rent or lease; (vi) remove any copyright or other proprietary notices from the Services and/or content contained therein; (vii) circumvent any encryption or other security tools used anywhere on the Services (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area within the Service); (viii) use any data mining, robots or similar data gathering and extraction tools on the Services; (ix) decompile, reverse engineer, modify or disassemble any of the software aspect of the Services and/or content; or (x) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit or otherwise assign to any third party the materials and/or content or any of your rights to access and use the materials and/or content as granted above. You agree to cooperate with Building Stack in causing any unauthorized use to cease immediately.

You acknowledge, consent and agree that Building Stack may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Building Stack, the Service, its users and the public.

Unauthorized use of the Services or any of the materials and/or content contained therein shall entitle Building Stack to terminate your use of the Services immediately, without notice or liability.

3. Registration

Use of the Services requires registration. You must be over eighteen years of age (or the age of majority in your province or state) to register for a property management account (a “Management Account”). In registering for an account or signing up for any part of the Services, you hereby agree to provide information about yourself that is true, accurate, current and complete, and agree to maintain and promptly update your information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if Building Stack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Building Stack reserves the right to suspend or terminate your Building Stack account and refuse any and all current or future use of the Service. You may not use the Services for any illegal purpose or in any manner inconsistent with these Terms of Service.

4. Membership Account, Password and Security

You must provide your full legal name, a valid email address, a password of your choice, an account designation and any other information required to complete your account registration. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your account, including any fees that may be charged to your account when using our online payment services. You agree to notify Building Stack immediately if you notice unauthorized use of your password or account or any other breach of security. Building Stack disclaims all liability for any damage or loss arising from your failure to comply with this section. If you believe your password has been compromised for any reason, you should immediately change your password in your Personal Settings. If you are unable to do so please contact your property management company or email [email protected].

5. Fees and Payments

Building Stack is offered on a subscription basis. We will invoice your account at the rates and under the terms set forth in your Service Agreement with Building Stack which are hereby incorporated by reference. Building Stack reserves the right to charge and/or increase fees for access to certain features of the Services or the Services as a whole. You are responsible for all service fees associate with your use of the Services under the terms of your Service Agreement.

If you access the Website via your mobile phone (through an application, for example), please be aware that your carrier’s normal rates such as text messaging fees or data charges, will still apply.

6. Payment Cancellation and Chargebacks

If a credit card charge is declined, we will notify you and ask you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights or those of your users from accessing the Services.

Once your payment for the Services is processed, you shall not be entitled to any refunds or cancellations. If a payment is refunded, cancelled or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such refund, cancellation or charge back.

If a rent payment dispute arises after payment is forwarded to you from a tenant, the responsibility to settle the rent payment dispute rests with you and the tenant. You waive the right to cancel credit card payments which have been processed through Building Stack’s third party payment processor.

7. Mobile Services and Location-Based Services

If you are an employee or agent of the property manager and are accessing our Services through a computer or an application on your mobile phone or tablet device, you acknowledge and agree that your geo-location information may be transferred to the administrator of the Management Account.

8. Service Cancellation

We may terminate the Services immediately without notice to you if, in our sole and utter discretion, you fail to comply with any provision of these Terms of Service. Termination of the Services will result in the deactivation or deletion of your account and the deletion of any associated content. We do not accept any liability for such loss. In the event of such termination, you hereby agree to promptly destroy all materials related to the Services that were provided to you by Building Stack.

9. License

By signing up for the Services, Building Stack grants you a one-time, limited, non-exclusive, non-transferable and revocable license to use our Services subject to the Terms of Service herein and the restrictions outlined below in particular. Should you choose to download content from the Service, you must do so in accordance with these Terms of service. Such content is provided to you for its intended purposes only and remains at all times the property of Building Stack.

10. Intellectual Property

All intellectual property rights in and to the Services and the Website, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of Building Stack or are licensed to Building Stack. The intellectual property rights in the Services and the Website are protected by, among others, the Canadian Copyright Act, or by provisions prescribed by any other law, in Canada and abroad. All individual articles of information, policies and other elements making up the Service are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Service. Any use of materials on Building Stack other than as permitted in this agreement including reproduction, modification, distribution, or republication, without prior written permission of Building Stack is absolutely prohibited. “Building Stack”, the Building Stack logo and other trade and/or service marks are the exclusive property of Building Stack and may not be used for any of the aforementioned purposes. Building Stack may protect the Services by technological means intended to prevent unauthorized use of the Services. You undertake not to circumvent these means. Infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms of Service.

11. Your Content

You are solely responsible for all content that you upload, email, post or otherwise transmit via or to the Website, including documents, text, graphics, video, messages, forum postings, tenant profile information, comments, questions, or other materials (collectively, the “Content”). Building Stack reserves the right to use, store, and transfer Content that is collected, posted or uploaded to the Website by its users. Whenever you submit content to the Website, app, or webportal, you agree that you are granting us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable right and license to use your content for the purpose of providing you with our Services. You also hereby represent and warrant that you have the right to grant us this right over your Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.

Tenant Information.You are solely responsible for responding, administering or processing tenant requests for access, correction, modification or deletion of the tenant’s personal information. As per our Privacy Policy, all tenants must send their requests directly to their property manager or account manager. You hereby agree to respond to these requests within a timely delay and no more than 30 days from the date of such request.

12. Modifications to Services and Prices

Building Stack reserves the right to upgrade or modify the Services with or without notice to you. You accept that such changes may result in your being unable to access the Services.
Building Stack reserves the right to temporarily suspend or interrupt the Services for periodic maintenance. When possible, Building Stack shall provide at least 8 hours’ notice of any planned maintenance.
Prices of all Services are subject to change upon 30 days’ notice.
Building Stack shall not be liable to you or to any third party for any modification, price change or suspension of the Services.

13. DISCLAIMER

BUILDING STACK PROVIDES THE SERVICES, THE WEBSITE AND ITS CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN INCLUDING SEPARATE SERVICES PERFORMED BY THIRD PARTIES UNDER CONTRACT FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDING STACK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY.

Building Stack does not warrant that the Services will operate in an uninterrupted or error-free manner, or that the Services will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from Building Stack or its providers.

BUILDING STACK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECEIVE DAMAGES FROM BUILDING STACK EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO BUILDING STACK IN THE 1 (ONE) YEAR PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO YOUR CLAIM. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IN ADDITION, BUILDING STACK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE OR THE SERVICES IS ACCURATE, COMPLETE OR UP TO DATE.

Your use of the Services may be subject to various local, provincial, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.

14. Indemnity

You agree to release, defend, indemnify and hold harmless Building Stack (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (1) your use of and access to the Website and the Services; (2) your violation of any term of these Terms of Service; (3) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (4) any claim that any content you submitted caused damage to a third party. You agree to notify Building Stack promptly and in writing of such claim. If a claim subject to intellectual property infringement indemnification is made, Building Stack shall have the right to, at its option, either: (i) obtain for you the right to continue using the Services or (ii) replace or modify the Services so that such Services becomes non-infringing and still provide substantially the same functionality for the user. This indemnification obligation will survive the termination of these Terms of Service and your use of the Website and the Services.

15. General Conditions

By submitting comments, feedback, bug reports, or product suggestions to us, you acknowledge and agree that Building Stack is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
You understand that Building Stack uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or with Building Stack.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission.
You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involves (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
The failure of Building Stack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
In the event you have executed a supplemental agreement with Building Stack regarding the use of the Services, and there is a conflict between the Terms of Service and the supplemental agreement, the terms of the supplemental agreement will have precedence.
Notices to you may be provided by sending an email to the email address registered on your account. Notice to Building Stack may be provided by emailing [email protected].
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
The captions and headings appearing in these Terms of Service are for reference only and will not be used in construing this agreement.
You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall enure to the benefit of and be binding upon you and Building Stack, and the parties’ respective successors and assigns.
These Terms of Service are governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to the conflicts of laws provisions thereof. The parties attorn to the jurisdiction of the courts of the district of Montreal, Province of Quebec.
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

By clicking the “Continue” button you represent and warrant that you have read, acknowledge and agree to be bound by the Building Stack Terms of Service. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all Canadian law regarding the transmission of any data obtained from the Service in accordance with the terms and conditions of service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Service.

Last updated May 1st 2019