Terms of Service

These Terms of Service ("Terms") govern your use of the condominium voting platform ("Platform") provided by My Condo Space Inc. ("My Condo Space", "we", "us", or "our"). The Platform is designed for use by Ontario condominium corporations (through their property managers, board members, or meeting chairs) to facilitate live voting, proxy voting, director elections/removals, quorum calculations, and related governance functions during condominium meetings. By accessing or using the Platform, you ("User") agree to these Terms. If you are using the Platform on behalf of a condominium corporation or property management company, you represent that you have the authority to bind that organization to these Terms. If you do not agree with any part of these Terms, you must not use the Platform.

1. Acceptance of Terms

1.1 Binding Agreement: By clicking "Accept" or by using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. This is a legally binding agreement between you and My Condo Space. If you do not have authority or do not agree to the Terms, you must not use the Platform.

1.2 Related Policies: Use of the Platform is also subject to our Privacy Policy (which outlines how we collect, use, and protect personal information) and any other policies or guidelines we may implement. By agreeing to these Terms, you also agree to the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy regarding privacy matters, the Privacy Policy will govern.

2. Description of Services and Scope

2.1 Services Provided: My Condo Space provides a secure online Platform to assist Ontario condominium corporations in conducting certain meeting-related activities, including:

• Electronic Voting: Facilitating live voting by condominium unit owners during meetings (including Annual General Meetings and other owners' meetings) via electronic or telephonic means, where allowed.
• Proxy Management: Collecting and recording proxy appointments and instructions from owners prior to meetings, and allowing authorized proxy holders to cast votes per those instructions.
• Director Elections and Removals: Managing electronic ballots for board of director elections or removal votes, including nominee listings and vote tallying.
• Quorum Calculation: Tracking attendance (including electronic presence and proxies) to calculate whether the required quorum is met for the meeting, and updating quorum status in real-time.
• Meeting Voting Results: Providing real-time updates and final tabulations of votes on motions, resolutions, or other matters brought during the meeting.

The Platform is intended to streamline voting procedures and enhance participation, making it easier for condominium corporations to reach quorum and record votes efficiently.

2.2 Excluded Functions (Use Limitations): The Platform's functionality is strictly limited to the voting and governance features listed above. It is not a general meeting or condo management tool. In particular, the Platform is not designed or intended for:

• Meeting Scheduling or Creation: The Platform does not create or schedule meetings on its own; it relies on meeting details imported from an external condominium meeting management or minutes application. Users are responsible for creating and managing meeting notices, agendas, and schedules outside the Platform.
• Official Record-Keeping: The Platform does not serve as a repository for official condominium records such as meeting minutes, corporate documents, financial records, or legal filings. Apart from voting and proxy data, My Condo Space does not maintain board records or financial records for the condominium. Users should retain official meeting minutes and other required records in their own systems pursuant to legal requirements.
• Regulatory Compliance or Legal Interpretation: The Platform does not provide legal advice or interpret legal requirements. It is not a tool for determining compliance with the Ontario Condominium Act, 1998 or any other law or regulation. The Platform's outputs (e.g. quorum status, vote counts, proxy designations) are provided for convenience and do not constitute certified legal records or legal determinations. Users are responsible for understanding and complying with all legal obligations regarding meetings and voting; the Platform must not be relied upon as a substitute for professional legal advice or the User's own diligence in complying with applicable laws and condominium governing documents.

2.3 Integration with Third-Party Services: The Platform may enable you to import or synchronize data from a third-party "minutes" or meeting management application (for example, to read meeting details, agendas, or lists of owners entitled to vote). This integration is provided for your convenience. My Condo Space is not responsible for the accuracy, content, or availability of data from any third-party application. You are responsible for ensuring that any data imported from external systems is correct and that you have the necessary rights or permissions to use that data on our Platform. We do not guarantee the continued compatibility of any third-party integration and may modify or discontinue integrations at our discretion.

3. Accounts and Eligibility

3.1 Eligible Users: The Platform is intended for use by authorized representatives of Ontario condominium corporations, such as property managers, condominium board members, meeting chairs, or others who have been given permission to manage condo meetings and voting. By registering an account or using the Platform, you represent and warrant that: (a) you are at least the age of majority in Ontario (18 years or older), (b) you are using the Platform on behalf of a condominium corporation or property management firm, with their knowledge and consent, and (c) you have the authority to act on behalf of that organization (for example, you are a property manager under contract with the condo corporation, or a board member/officer of the condo corporation).

3.2 Account Registration: To use the Platform, you (or your employer/condo corporation) must create an account. You agree to provide accurate, current, and complete information during registration and to promptly update any information to keep it accurate. Each user must have unique login credentials. Account sharing is prohibited; the person creating the account should be the one using it. The condo corporation may have multiple authorized users (e.g., multiple managers or board members), but each should have their own account access if needed.

3.3 Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password). You must not share your password or allow any unauthorized person to access the account. You agree to notify My Condo Space immediately at [email protected] if you suspect any unauthorized use of your account or any security breach. We are not liable for any loss or damage arising from your failure to secure your account. All activities conducted under your account will be deemed to be authorized by you, and you may be held fully responsible for them.

3.4 Account Termination: You may deactivate or delete your account by contacting us or using any self-service account deletion feature if available. My Condo Space reserves the right to suspend or terminate your account (or the accounts of any or all Users from a particular condominium corporation) at our discretion for violations of these Terms, suspected misuse, non-payment (if applicable), or if required by law or a court order. Termination of an account will not waive or affect any rights or liabilities that have accrued prior to the date of termination (for example, our right to seek damages for your breach, or your obligation to pay fees owed). Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 13 (Governing Law), and other provisions which by their nature are intended to survive, will survive termination of these Terms.

4. User Responsibilities and Conduct

By using this Platform, you agree to the following responsibilities and appropriate conduct:

• Compliance with Laws: You will use the Platform only in compliance with all applicable laws and regulations. This includes complying with the Ontario Condominium Act, 1998 and its regulations (the "Condo Act") and any other legislation or regulatory guidance relevant to condominium governance. Notably, you must ensure that your condominium corporation has authorized electronic or telephonic voting in accordance with the Condo Act before using the Platform's voting features (e.g. the Condo Act allows electronic voting only if the corporation has passed a by-law permitting it[1]). If such a by-law or owner authorization is required, it is your duty to have it properly enacted before conducting electronic votes. You also agree to follow any requirements in your condominium's own by-laws or rules regarding meeting procedures, notice, proxies, or voting. My Condo Space does not guarantee that use of the Platform by itself fulfills any legal obligations – you are responsible for meeting those obligations.
• Appropriate Use of Data: You will only input or upload personal information or condo information that is necessary for the meeting and voting purposes. This may include owner names, unit numbers, emails, proxy assignments, and voting instructions. You must ensure you have obtained any required consents from individuals before providing their personal information to the Platform, in compliance with privacy laws and the Condo Act's provisions. For example, if the law requires owner consent for electronic communication or if an owner has opted out of electronic voting, you must respect those conditions. You agree not to use the Platform to collect or distribute any personal data in a way that violates privacy laws or anyone's rights.
• Accuracy of Information: You are responsible for the accuracy of all information entered into the Platform. This includes ensuring that the list of eligible voters (owners), proxy designations, and any voting items (candidates for election, resolutions text, etc.) are correct and up-to-date. My Condo Space is not responsible for verifying the accuracy of the data you provide. Before finalizing any meeting results, you (and the meeting officials) should verify the outputs. If an error in data entry or configuration occurs (e.g., an owner is wrongly marked as eligible/ineligible, or a motion text is entered incorrectly), you must correct it and, if necessary, re-run the vote or otherwise resolve the issue in accordance with your condo's usual meeting procedures.
• Lawful and Ethical Conduct: You will use the Platform solely for lawful purposes related to legitimate condominium governance. Prohibited conduct includes, but is not limited to: uploading any content or data that is illegal, defamatory, or infringing; attempting to manipulate or falsify vote counts or proxy assignments; impersonating any person or misrepresenting your affiliation; interfering with other users' participation or the security of the Platform; or using the Platform to harass, threaten, or abuse any individual. You may not use the Platform in any manner that could damage, disable, overburden, or impair our systems or interfere with any other party's use of the Platform.
• No Unauthorized Access or Security Violations: You shall not attempt to gain unauthorized access to the Platform or its related systems or networks. This includes not attempting to circumvent access controls, not using any automated means (such as bots, scripts, or scrapers) to extract data or functionality, and not introducing any malicious code (viruses, worms, malware) into the Platform. Any such attempts may result in immediate termination of your access and potential legal action.
• No Misuse of Services: You may not resell, rent, or lease the Platform to any third party. The Platform is provided for the internal use of the condominium corporation and its authorized agents only. You may not use any portion of the Platform for building a competing product or service, or for any purpose that is to My Condo Space's detriment or commercial disadvantage.
• User Cooperation: You agree to cooperate with My Condo Space in investigating any suspected prohibited behavior, security issues, or misuse of the Platform. We reserve the right (but do not assume the obligation) to monitor your use of the Platform for compliance with these Terms. If we detect or suspect any violation, you agree that we may take appropriate action, which could include providing warnings, suspending or terminating access, removing or disabling content or data you have uploaded, or contacting law enforcement when required.

Failure to adhere to the above responsibilities constitutes a breach of these Terms and may result in suspension or termination of your account (see Section 3.4) and potential legal consequences.

5. Compliance with Condominium Act and Governance Rules

5.1 Condo Act Requirements: The Platform is a tool to assist with meeting processes, but it remains your responsibility to ensure that all meetings and voting conducted via the Platform comply with the Ontario Condominium Act, 1998 ("Condo Act") and associated regulations. This includes (but is not limited to) adhering to rules on meeting notices, quorum, proxy forms, voting eligibility, and vote counting procedures as specified by law. If the Condo Act or your corporation's by-laws impose specific conditions (for example, obtaining a by-law to authorize electronic voting or telephonic attendance[1]), you must satisfy those conditions prior to using the Platform's electronic voting or proxy features. My Condo Space does not verify whether your corporation has passed necessary by-laws or whether you are following the required protocols – this is entirely your obligation.

5.2 Proxies and Forms: Under Ontario law, condominium proxies must conform to a prescribed form and owners have certain rights regarding proxies. The Platform may allow collection of proxy instructions electronically for convenience, but it is up to you to ensure that any electronic proxy solicitation or submission via the Platform meets the legal standards. For example, if owners must sign a proxy form or if certain wording is required by regulation, you should incorporate those requirements into how you use the Platform (e.g., by retaining signed proxy forms offline if needed or using the Platform's features to capture equivalent information). The Platform provides a means to tally and organize proxy information, but it does not automatically enforce the legal validity of a proxy – invalid or fraudulent proxies must still be identified and handled by the meeting chair or scrutineers as they would in a traditional meeting.

5.3 Official Meeting Records: You acknowledge that the condominium corporation is responsible for maintaining official meeting records (minutes, approved proxies, vote results, etc.) as required by the Condo Act. While the Platform will maintain digital records of votes and proxy submissions for a period of time, those records are provided for your reference and convenience. My Condo Space does not serve as the official record-keeper for your corporation. After a meeting, you should ensure the results (and any relevant reports from the Platform) are saved or exported to your own records. We recommend that you download the voting reports or proxy reports after each meeting. My Condo Space may periodically delete or anonymize old data in line with our data retention policies (see Section 6), so do not rely on the Platform as the sole archive of your meeting information.

5.4 No Legal Advice or Compliance Guarantee: My Condo Space is not a law firm and does not provide legal advice[2]. Any information or tools available in the Platform (such as sample templates, count calculations, or explanatory text) are for convenience only and should not be taken as legal interpretation of the Condo Act or any other law. Using the Platform does not guarantee that your meeting or voting process is compliant with law or that outcomes will be legally binding. You should consult with qualified legal counsel for advice on conducting meetings or votes in accordance with Ontario law. If you or your corporation fail to follow legal requirements, the use of this Platform will not shield you from the consequences of non-compliance. My Condo Space disclaims any liability for fines, invalidated meetings, or other legal issues that may arise if you do not adhere to your legal obligations.

6. Privacy and Data Protection

6.1 Personal Information Collected: In the course of using the Platform, you will be providing My Condo Space with personal and identifying information related to unit owners and other meeting participants. This personally identifiable information (PII) may include, for example, owners' names, unit numbers, email addresses, voting preferences, and proxy designations. We recognize that this data is sensitive and confidential, as it pertains to individuals' property ownership and how they vote in condominium matters.

6.2 Purpose of Collection: You agree that My Condo Space, as a service provider, is collecting and processing this personal data solely for the purposes of facilitating condominium meeting processes – such as determining quorum, sending electronic meeting invitations or voting links, recording votes, and tabulating results. We will not use owners' personal information for any purpose outside of providing and improving the Platform's services, except with your instruction or as required by law.

6.3 Consent and Authority: By uploading or entering personal information into the Platform, you represent and warrant that you have the legal authority to do so. This means: (a) you have obtained any necessary consents from the individuals (owners or proxy holders) as required under applicable privacy laws or the Condo Act, and (b) the use of this data on the Platform is permitted for the legitimate purposes of condominium governance. For instance, if you are providing owner email addresses, you confirm that these owners have consented to receive electronic communications for meeting purposes if such consent is legally required[3]. If an owner has withdrawn consent to electronic communications, you must honor that and not solely rely on the Platform to reach that owner. Do not upload any personal information that you are not authorized to collect or share.

6.4 Protection of Personal Data: My Condo Space is committed to protecting personal information in our custody. We implement technical and organizational security measures intended to safeguard data against unauthorized access, theft, or loss. These measures include encrypted connections (SSL/TLS) for data transmission, access controls on our databases, and regular security audits of our systems. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security. You acknowledge that you provide personal data at your own risk, but we will notify you in accordance with applicable laws if we become aware of a data breach involving your data.

6.5 Use and Disclosure: My Condo Space will not disclose or share personal information with third parties except in the following circumstances:

• Service Delivery: We may share data with our subcontractors or cloud service providers strictly as needed to operate the Platform (for example, data hosting on a secure server, or an email service to send meeting notices). Any third-party providers are bound by confidentiality and data security obligations.
• Legal Compliance: We may disclose data if required by law, court order, or governmental request, or as necessary to exercise or defend our legal rights. We will strive to notify you (the User) before disclosing information unless legally prohibited or if the matter is urgent.
• Anonymized Insights: We may use aggregated and anonymized data (stripped of personal identifiers) to analyze usage trends, improve our services, or for marketing insights (e.g., average meeting participation rates across clients). Such aggregated data will not identify any individual or specific corporation.
• Consent: If you explicitly instruct us or consent to a disclosure (for example, if you request our support team to liaise with a third-party auditor or your corporation's lawyer and share certain data), we will do so as directed.

Importantly, we do not sell personal information to third-party marketers. We treat all condominium data as confidential. The main obligation under privacy law is not to disclose personal information except for proper purposes with appropriate consent[4], and we adhere to this principle.

6.6 Data Retention: My Condo Space will retain the condominium meeting data (including personal info, vote records, proxy submissions) for as long as necessary to fulfill the purposes of the service or as required by law. By default, we retain detailed voting records for a minimum of one (1) year from the meeting date, to allow for any post-meeting verification or audits. After that period, we may delete or anonymize the data unless your organization has entered into a specific agreement with us for longer retention. We may keep basic information (such as the fact that a meeting occurred on a certain date and aggregate participation numbers) indefinitely for our internal records. If your account is terminated or if you request deletion of data, we will delete or anonymize personal information associated with your account, except to the extent we are required to keep it (for example, for legal compliance, dispute resolution, or enforcement of our agreements).

6.7 Owner Requests and Privacy Rights: If an individual unit owner or meeting participant contacts My Condo Space with a request regarding their personal information (for example, to access or correct data, or to delete their data), we will refer them to the condominium corporation or property manager (you) as the primary data controller in context. However, we will assist you in fulfilling such requests as needed and in accordance with applicable privacy laws. For example, if an owner requests to know what information we have about them, we can help provide a report of their data on the Platform, but we will likely coordinate with you, since you collected the data in the first place. We strive to comply with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable privacy legislation in our handling of personal data, and we expect you to do the same.

6.8 Privacy Policy: For more detailed information on how we handle personal data, please review our Privacy Policy. It explains our legal basis for processing data, your rights as an individual (if applicable), and how to contact our privacy officer. By using the Platform and providing personal data, you agree to the practices described in that policy.

7. Intellectual Property Rights

7.1 My Condo Space Materials: The Platform (including all software, code, algorithms, user interface design, trademarks, logos, and content provided by My Condo Space) is the intellectual property of My Condo Space Inc. or its licensors. All rights, title, and interest in and to the Platform, and any components thereof, including all related intellectual property rights, are and will remain the exclusive property of My Condo Space. These Terms do not grant you any ownership rights in the Platform or any intellectual property rights owned by us. My Condo Space™ and our logo are trademarks of My Condo Space Inc., protected by law. You may not use our name or logos in any advertising or publicity without our prior written consent.

7.2 License to Use Platform: Subject to your compliance with these Terms, My Condo Space grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform during the term of your account, solely for the internal purposes of managing condominium meetings and votes for the condo corporation you represent. You may not sub-license or assign this license to anyone else. This license is provided only for lawful use as permitted under these Terms. We reserve all rights not expressly granted to you.

7.3 Restrictions: You shall not, and shall not permit any third party to, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Platform (except as permitted by applicable law which cannot be waived by contract). You shall not modify, adapt, or create derivative works based on the Platform. Also, you may not remove or obscure any copyright, trademark, or other proprietary notices on the Platform or any reports or output generated by it.

7.4 Your Content and Data: You retain all rights to the data and content that you or your meeting participants (owners) submit to the Platform ("User Data"), subject to the rights granted to us in this Section. For example, the list of owners, the votes and proxies collected, and any documents you upload remain owned by you or the respective owners. You grant My Condo Space a non-exclusive, worldwide, royalty-free license to use, host, copy, transmit, and display your User Data as necessary to provide the services under these Terms. This includes, for instance, processing the data to tally votes, displaying information to authorized users during the meeting, and storing data for backup purposes. We may also derive statistical information from your usage (e.g., total number of meetings, average turnout) and use that in aggregate/anonymized form as mentioned in Section 6.5.

7.5 Feedback: If you provide suggestions, feedback, or ideas about the Platform to My Condo Space ("Feedback"), you agree that such Feedback is given voluntarily. We are free to use, disclose, or implement Feedback as we see fit, without any obligation or compensation to you. Any improvements or features based on your Feedback remain the sole property of My Condo Space.

7.6 Third-Party IP: If you upload content to the Platform, you must ensure you have the rights to do so. Do not upload or use any material (e.g., documents, images, logos) that infringe someone else's intellectual property or proprietary rights. You agree to indemnify My Condo Space for any third-party claims that arise from your infringement of intellectual property rights through use of the Platform (this indemnity is further described in Section 11).

8. Service Availability and Support

8.1 Availability: My Condo Space aims to keep the Platform available and operational for your use, especially during critical meeting times. However, we do not guarantee 100% uptime or uninterrupted service. The Platform may occasionally be unavailable for maintenance, updates, or unforeseen outages. We will strive to schedule maintenance during off-peak times and, if possible, provide advance notice of any planned downtime (for example, via email or an announcement on the Platform).

8.2 Reliance on Internet and Devices: The Platform is delivered via the internet, which means that the quality of your experience can be affected by factors outside our control, such as your internet connection, network congestion, or the performance of your device (laptop, smartphone, etc.). It is your responsibility to ensure you have a stable internet connection and appropriate equipment when using the Platform during meetings. My Condo Space is not liable for any inability to use the Platform or delays in functionality caused by network issues or hardware failures on the user's side.

8.3 Technical Support: We provide technical support to Users (typically property managers or meeting administrators) via email and/or an online helpdesk during our support hours. Support is generally limited to the functioning of the Platform itself. We cannot advise you on legal questions or how to conduct your meeting, but we can help troubleshoot issues like difficulty logging in, problems with vote submissions, etc. Users should seek support well in advance of their meetings to ensure everything is set up correctly. During a live meeting, support responses may be subject to delays, so it's advised to test the Platform and familiarize yourself with it beforehand.

8.4 Updates and Changes to Service: We may, from time to time, develop patches, bug fixes, updates, upgrades, or other modifications to improve the performance or security of the Platform ("Updates"). We reserve the right to deploy such Updates at any time. In some cases, we may add new features or enhance existing ones; in other cases, we may remove or modify features that are outdated or no longer feasible. We will endeavor to ensure that any changes maintain or improve the Platform's utility for our users, but we shall not be liable if certain functionalities change. If any Update requires a change in how you or your owners interact with the Platform (for example, a new app version download or a changed workflow), we will provide instructions or notice to help adapt to the change.

8.5 Third-Party Components: The Platform may include or rely on certain third-party software components (such as open-source libraries or licensed modules). These components may be subject to their own licenses. To the extent required by those licenses, My Condo Space will make such third-party license terms available to you (often via our website or within the app's "About" section). You agree to comply with any relevant third-party license terms when using the Platform. However, nothing in those third-party terms shall limit the rights or expand the obligations you have under these Terms; they typically govern how that specific component can be used. My Condo Space disclaims responsibility for any third-party software or services beyond what is necessary for our own service provision.

9. Disclaimers of Warranties

Use at Your Own Risk: The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, My Condo Space disclaims all warranties and conditions, whether express, implied, or statutory, regarding the Platform and its services. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of conduct or trade practice. We do not guarantee that the Platform will meet all your requirements, or that it will achieve any particular results (for example, we do not guarantee you will reach quorum or pass a desired motion using the Platform – those outcomes depend on your owners and other factors beyond our control).

Specifically, My Condo Space makes no warranty that:

• Uninterrupted, Error-Free Service: The Platform will function uninterrupted or be error-free at all times, nor do we warrant that any results (e.g. vote counts, quorum calculations) will be free from errors. We will work to fix any bugs or errors that significantly impair the service, but we provide no guarantee of a perfect software experience.
• Security: While we prioritize security (see Section 6.4), we do not warrant that the Platform is immune to all security threats or that it will be free of viruses or other harmful components. You are responsible for maintaining appropriate security, antivirus, and backup measures on your own systems.
• Compatibility: We do not guarantee that the Platform will be compatible with all devices, browsers, or operating systems. Minimum system requirements or supported browsers may be listed in our documentation, but even within those, performance can vary.
• Legal Compliance: As noted, we do not warrant that use of the Platform will result in compliance with any legal obligations or condo corporation bylaws. The Platform and services are offered without any warranty that they comply with applicable law[5]. You must use the Platform in a manner that is compliant, and any failure to do so is at your own risk.

No advice or information (whether oral or written) obtained from My Condo Space or through the Platform shall create any warranty not expressly stated in these Terms. For example, any guidance our support team provides is for your assistance, but does not constitute a warranty or guarantee.

Some jurisdictions do not allow the exclusion of certain warranties. If Ontario or other law does not allow the exclusion of an implied warranty, then that warranty is not excluded by these Terms, but only to the minimum extent required by law. In such cases, we limit the duration and remedies of such warranties to the minimum permissible under law.

10. Limitation of Liability

10.1 Types of Damages Excluded: To the maximum extent permitted by law, in no event will My Condo Space Inc. (or its directors, officers, employees, agents, or affiliates) be liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with your use of (or inability to use) the Platform. This exclusion includes any damages for lost profits, lost savings, lost or corrupted data, loss of business opportunities, loss of goodwill, business interruption, or any other intangible losses, even if we have been advised of the possibility of such damages[6]. These limitations apply regardless of whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

For example, My Condo Space will not be liable for any impact on your condominium corporation's operations or governance such as: costs of organizing a new meeting if one fails to achieve quorum, legal costs associated with disputes over a vote's validity, or any penalties from regulatory bodies. You assume all responsibility for any outcomes of your meetings and decisions of your corporation.

10.2 Cap on Direct Liability: My Condo Space's total cumulative liability to you (and your condominium corporation or managing company) for any and all claims arising from or related to the Platform or these Terms will not exceed the amount you have paid to My Condo Space in service fees in the twelve (12) months immediately preceding the event giving rise to the claim (if you are on a paid plan or have paid for services). If you have not paid any amount (for example, if you are using a free trial or a free version of the service), My Condo Space's total liability will not exceed CAD $100 (one hundred Canadian dollars). This cap on liability is an aggregate limit – it applies to all claims combined, not per claim.

10.3 Release for Data and Content: Without limiting the above, My Condo Space shall not be liable for any issues arising from data you or other users input into the Platform. You bear sole responsibility for the content of the data (votes, proxies, owner information) you manage on the Platform. In the event that data is lost or corrupted due to our fault, our liability (subject to the exclusions and cap above) would be limited to re-performing the affected service or, at our discretion, refunding any fees paid for that service. We are not liable for loss of data to the extent that data was corrupted by user action, third-party integrations, or other factors outside our direct control.

10.4 Exceptions: The above limitations in this Section 10 will not apply to the extent prohibited by law. For instance, if Ontario law prohibits limiting liability for certain types of harm or for gross negligence or willful misconduct, then, to the extent of such prohibition, those specific limitations would not apply. Nothing in these Terms is intended to limit or exclude liability for personal injury or property damage caused by our negligence, or for fraud, or any other liability which may not be limited or excluded by law.

10.5 Acknowledgment: You acknowledge that My Condo Space has set its fees and made the Platform available in reliance on the disclaimers of warranty and the limitations of liability set forth herein, and that those form an essential basis of the bargain between you and us. In plain language, this means that the Platform's pricing and availability reflect the allocation of risk – we cannot economically provide this service if we had to accept unlimited liability. By using the Platform, you agree that these limitations are fair and reasonable.

If you are dissatisfied with any aspect of the Platform or these Terms, your sole and exclusive remedy is to stop using the Platform and, if applicable, request termination of your account.

11. Indemnification

You agree to indemnify, defend, and hold harmless My Condo Space Inc. and its affiliates, and each of their respective directors, officers, employees, and agents (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees and costs) arising out of or in any way connected with any third-party claim or action resulting from:

• Your Breach: Your violation of any provision of these Terms or any other agreement with My Condo Space. For example, if you use the Platform in a way that breaches these Terms and a third party (such as a condo owner) sues us as a result, you will cover our costs and damages.
• Your Violation of Law or Rights: Your violation of any applicable law, regulation, or the rights of any third party in the course of using the Platform. This includes any claim that your use of the Platform (or the data you input) infringed someone's intellectual property or privacy rights, or violated the Condo Act or other laws. For instance, if an owner claims that their privacy was breached due to improper handling of their data on the Platform, and this was due to your misuse or failure to obtain consent, you agree to indemnify us.
• Your Data and Inputs: Content or data you submit or actions you take on the Platform. You are solely responsible for the accuracy and legality of the information you provide. If, for example, you upload defamatory or false information into the Platform and someone takes legal action against us for publishing it (even within a closed group of owners), you would indemnify the Indemnified Parties for that claim. Another example: if you provide us with data to email owners and some of those email addresses were obtained without permission, leading to spam complaints or penalties, you would indemnify us.

Defense and Settlement: We will promptly notify you of any claim for which we seek indemnification (provided that any failure to promptly notify will not waive our rights except to the extent you are materially prejudiced by the delay). You may elect to assume control of the defense and settlement of such claim, provided that you give us assurance of your financial ability to cover it and that you conduct the defense diligently. We reserve the right to participate in the defense with counsel of our own choosing, at our own expense, and to approve any settlement that would impose any non-monetary obligation on My Condo Space or any Indemnified Party. You shall not settle any claim without our prior written consent, unless it unconditionally releases all Indemnified Parties of all liability and does not require any admission of wrongdoing.

This indemnity obligation will survive any termination or expiration of these Terms and your use of the Platform.

12. Termination and Suspension

12.1 By User: You may stop using the Platform at any time. If you wish to terminate your account and these Terms, you can do so by providing written notice to My Condo Space or using any account cancellation feature provided. Termination will be effective upon our processing of your request (which will be done promptly). If you are under a subscription or contract that has a fixed term, terminating early may not entitle you to a refund of any prepaid fees unless stated otherwise in a separate agreement.

12.2 By My Condo Space: We reserve the right to suspend or terminate your access to the Platform (or the access of any specific user) at any time, with or without notice, if we, in our sole discretion, determine that:

• You have violated any provision of these Terms or appear likely to do so;
• You are using the Platform in a manner that could cause us legal liability or disrupt others' use of the Platform;
• We are required to do so to comply with law or a court order (for example, if our service is deemed to violate a legal requirement and we must cease offering it);
• Continued provision of the service to you is no longer commercially viable or has become impractical due to circumstances beyond our control (for example, if changes in law prohibit us from providing the service, or if you are listed on a government sanctions list preventing us from doing business with you).

Where reasonable and lawful, we will attempt to provide you notice of termination or suspension, for example via email. In urgent cases (such as malicious misuse or legal mandate) we may suspend first and notify afterwards.

12.3 Effect of Termination: Upon termination of your account, whether by you or by us, your right to access the Platform will cease. We will deactivate or delete your account and related data, or anonymize it, in accordance with our data retention policies (see Section 6.6). However, we may retain certain data if necessary for legal compliance or legitimate business purposes (e.g. maintaining business transaction records, or logs of system access for security). If your account is terminated, you must cease all use of the Platform and destroy any confidential information or proprietary materials obtained through the Platform. Any provision of these Terms that by its nature should survive termination (such as indemnification, limitations of liability, disclaimers of warranties, governing law, and dispute resolution) will survive.

12.4 No Liability for Termination: My Condo Space shall not be liable to you or any third party for any termination or suspension of your access to the Platform in accordance with these Terms. If we terminate without cause (i.e., not due to your breach), and you have prepaid for services not yet rendered, we will refund the pro-rata portion of those fees. Other than that, you will not be entitled to any compensatory damages or continuing service. It is your responsibility to have maintained your own backups or exports of data as needed; termination might result in loss of data if you did not secure it.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms, and any disputes arising out of or related to these Terms or the use of the Platform, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. We specifically choose Ontario law because the Platform is tailored for Ontario condominium corporations under the Ontario Condominium Act.

13.2 Jurisdiction: You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the courts of the Province of Ontario, in the judicial district of Toronto (Ontario) or, if such court lacks subject matter jurisdiction, in the federal courts of Canada located in Ontario. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13.3 Injunctive Relief: Notwithstanding the above, you agree that My Condo Space may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property or confidential information, if necessary (for example, to stop an ongoing breach of our software license or a data breach).

13.4 Alternative Dispute Resolution (Optional): At our sole discretion, we may require any dispute between you and My Condo Space to be resolved through arbitration or mediation. If so, we will provide a separate arbitration agreement or clause to which you must agree. Unless and until such arbitration clause is provided, disputes will remain subject to the court jurisdiction as stated above.

13.5 Trial by Jury Waiver: To the extent permitted by law, both you and My Condo Space waive any rights to a jury trial in any litigation concerning these Terms or the Platform. (This clause applies because jury trials in complex contract or technology disputes can be inefficient; by waiving, both parties intend to have any disputes heard by a judge.)

13.6 Condominium Authority Tribunal: We note that some disputes related to condominium meetings or records in Ontario may be within the jurisdiction of the Condominium Authority Tribunal (CAT). However, these Terms concern your relationship with My Condo Space (the service provider), not internal condo disputes. Therefore, any dispute with us will be handled as per this Section 13, and not through CAT.

14. Modifications to Terms

My Condo Space may revise or update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website and/or via the Platform interface, and by indicating the date of the latest revision at the top of the Terms. In certain cases, we may also send an email notice to the contact address associated with your account or provide in-app notification of the changes.

Your continued use of the Platform after updated Terms have been posted (and have become effective) constitutes your acceptance of those changes. If you do not agree to a change, you must stop using the Platform and may terminate your account as described in Section 12. We encourage you to review the Terms periodically to stay informed of your rights and obligations.

For changes that are minor or required by law (for example, to comply with new legislation or address a new feature), we may not provide advance notice, but we will still update the Terms and note the changes. Major changes that affect your use (like changes to liability terms or user obligations) will typically be announced at least 15 days before they take effect, when feasible.

No modification of these Terms by you (the User) will be binding on My Condo Space unless explicitly agreed to in writing by an authorized representative of My Condo Space.

15. Miscellaneous Provisions

15.1 Entire Agreement: These Terms (along with the Privacy Policy and any other policies or guidelines expressly incorporated by reference) constitute the entire agreement between you and My Condo Space regarding the Platform. It supersedes all prior or contemporaneous understandings and agreements, whether written or oral, relating to the subject matter. No oral or written information or advice given by either party or its agents shall alter the interpretation of these Terms.

15.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties' original intent if any invalid provision cannot be reformed.

15.3 Waiver: No failure or delay by My Condo Space in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or any other right. Similarly, any waiver or consent given by My Condo Space on one occasion is effective only in that instance, and shall not be construed as a waiver of any right on any other occasion. To be valid, any waiver of any provision of these Terms by My Condo Space must be made in writing and signed by an authorized representative of My Condo Space[7].

15.4 Assignment: You may not assign or transfer these Terms or your rights or obligations under these Terms to any third party without our prior written consent. Any attempted assignment without such consent will be null and void. My Condo Space may assign or transfer its rights and obligations under these Terms freely to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to the Platform. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.5 No Third-Party Beneficiaries: These Terms are for the benefit of you and My Condo Space, and not for the benefit of any other person or entity. No third party shall have any rights to enforce any term of this agreement, except as expressly provided (for instance, indemnified parties under Section 11 can enforce those rights).

15.6 Force Majeure: My Condo Space will not be liable for any failure or delay in performance of its obligations (except payment obligations, if any) due to causes beyond its reasonable control. Such causes include, but are not limited to: acts of God, war, riots, fire, flood, pandemic, governmental restrictions, power outages, internet or telecommunications failures, or the failure of third-party services (such as cloud platform providers)[8]. In the event of a force majeure event, we will use reasonable efforts to notify you and to resume service as soon as practicable.

15.7 Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and My Condo Space. We are an independent contractor providing a service. You do not have any authority to bind My Condo Space, and neither party will represent otherwise.

15.8 Headings and Interpretation: The headings used in these Terms are for convenience and organization only and shall not affect the interpretation of any provision. Terms like "including" shall be interpreted to mean "including without limitation." These Terms have been drawn up in the English language at the express request of the parties. (If these Terms are translated into French or another language, the English version shall prevail in the event of any conflict in interpretation.)

15.9 Notices: My Condo Space may provide you with notices regarding the Platform or these Terms by email to the address associated with your account, by regular mail, or by postings within the Platform interface. Notices will be deemed given (a) in the case of email, on the day after the email is sent (provided no bounce-back or error message is received); (b) in the case of postal mail, 5 business days after mailing; (c) in the case of postings on the Platform, upon your next login or view of the notice online. You are responsible for keeping your account email updated to receive notices. If you need to give notice to My Condo Space, you must do so in writing by email to our support contact or by registered mail to our corporate address (available on our website). Notices to us are effective upon receipt.

16. Contact Information

If you have any questions about these Terms or need to contact My Condo Space for any reason, please reach out to us:

My Condo Space Inc.
Customer Support
Contact Us

We will do our best to respond promptly to any inquiries. Your feedback is important to us as we strive to provide a reliable and legally compliant service for Ontario condominium corporations.

By using the Platform, you acknowledge that you have read and agree to these Terms of Service. These Terms protect both your rights and our rights, and help ensure a smooth and secure experience for all parties involved in condominium governance. Thank you for trusting My Condo Space for your condo voting and meeting needs.