Domistra™ Terms of Service

Document Purpose and Scope

These Terms of Service (the “Terms”) govern access to and use of the Domistra™ websites, web applications, mobile applications, property management software, personal workspace, resident and landlord workspaces, APIs where made available, electronic-signature functions, payment initiation features, communications tools, document services, and related services made available by Domistra Inc. (collectively, the “Services”).

Domistra Inc. is a Canadian corporation with its legal address at 11 Puncheon Way, Bedford, Nova Scotia, B4B 2L1, Canada (“Domistra Inc.”, “we”, “us” or “our”).

The property management system (“PMS”) may be made available to users in multiple countries. Availability of a feature, payment method, currency, integration or service does not mean that every feature is available or legally supported in every jurisdiction. Certain ecosystem products, including the Vendor Portal, Vendor Marketplace, Wallet and Community, may be geographically restricted and, at initial release, are intended for Canada unless we expressly state otherwise.

1. Acceptance of These Terms

By creating an account, purchasing or activating a subscription, accepting an invitation to an organization, accessing a workspace, signing a document through the Services, initiating a payment, or otherwise using the Services, you agree to these Terms and to any policies or supplemental terms expressly incorporated by reference.

If you do not agree to these Terms, you must not access or use the Services. Where an organization has separately executed an order form, enterprise agreement, data processing addendum or other written agreement with Domistra Inc., that agreement will govern to the extent of a direct conflict with these Terms.

2. Eligibility and Authority

You must have the legal capacity to enter into a binding agreement in the jurisdiction applicable to you. If you use the Services on behalf of a company, property-management organization, landlord, partnership or other legal entity, you represent and warrant that you are authorized to accept these Terms for that entity.

The Services are not intended to allow a person to circumvent legal age, contractual-capacity, licensing, housing, financial-services or other requirements that apply to that person or activity.

3. Accounts, Personas and Organizations

4. Trials, Subscriptions and Billing

5. PMS Payments and Rent Collection

6. Property, Tenancy and Lease Management

The PMS provides tools for property, unit, portfolio, applicant, tenant, landlord, lease, rent schedule, maintenance, inspection, task, document and related property-management workflows. Users are responsible for the legality, accuracy and completeness of the information, notices, lease terms, screening criteria, decisions and records they create or manage through the Services.

Domistra Inc. does not act as landlord, property manager, tenant, real-estate broker, leasing agent or legal adviser merely by providing the Services. The relevant parties remain responsible for their property-management, tenancy, housing, licensing, disclosure and record-keeping obligations.

7. Electronic Signatures and Electronic Records

8. Communications, Notifications and Automation

The Services may support in-app messages, email, reply capture, SMS, WhatsApp, announcements, reminders, workflow automation and other communications. Availability may depend on plan, add-on, country and third-party provider.

You are responsible for ensuring that communications you initiate through the Services comply with applicable consent, anti-spam, privacy, tenancy, consumer-protection and communications laws. You must not use the Services to send unlawful, deceptive, abusive or unsolicited communications.

Automated reminders and notifications are convenience features. Users remain responsible for statutory notices, deadlines and delivery methods that the law or a contract requires.

9. User Content, Documents and Data

10. Privacy and Data Protection

Our handling of personal information when Domistra Inc. determines the purposes and means of processing is described in the applicable Domistra™ Privacy Notice. Where Domistra Inc. processes personal information on behalf of an organizational customer, the parties’ data-processing terms, including any applicable Data Processing Addendum, may also apply.

Organizations using the Services may independently be responsible for notices, consents, lawful bases, retention decisions, access requests and other obligations relating to personal information they control. Users should direct organization-controlled data requests to the relevant organization where appropriate.

Questions about privacy may be sent to privacy@domistra.com.

11. Third-Party Services and Integrations

The Services may interoperate with third-party services such as payment processors, communications providers, identity services, mapping services, cloud infrastructure or other integrations. Third-party services are governed by their own terms and privacy practices. Domistra Inc. is not responsible for a third party’s independent service, acts or omissions, although Domistra Inc. remains responsible for obligations that applicable law places on Domistra Inc.

We may add, replace, suspend or discontinue integrations where reasonably necessary for security, compliance, service quality, provider availability or product development.

12. Acceptable Use

You must use the Services lawfully and in accordance with these Terms and the Domistra™ Acceptable Use Policy. Without limiting that policy, you must not:

• use the Services for fraud, unlawful discrimination, harassment, exploitation, illegal housing practices or other unlawful activity;
• access or attempt to access accounts, organizations, data or systems without authorization;
• introduce malware, harmful code or security exploits, or interfere with the integrity or availability of the Services;
• scrape, probe, reverse engineer or circumvent technical restrictions except to the extent such restriction is prohibited by applicable law;
• use the Services to infringe intellectual-property, privacy, confidentiality or contractual rights;
• misrepresent identity, authority, property rights, payment instructions, documents or transaction information; or
• use messaging or communications features to distribute spam or other communications prohibited by applicable law.

13. Intellectual Property and Domistra™ Marks

The Services, including their software, user interfaces, designs, workflows, documentation, databases, compilations, platform technology and other materials provided by Domistra Inc., are owned by or licensed to Domistra Inc. and are protected by applicable intellectual-property laws.

Domistra™ and associated Domistra names, logos, product names, service names, designs and branding are trademarks or other intellectual property of Domistra Inc. No licence to use those marks is granted except as expressly authorized in writing. You must not register, adopt or use any confusingly similar name, mark, domain name, social-media identifier or branding in a manner that infringes or misrepresents Domistra Inc.’s rights.

Subject to these Terms and payment of applicable fees, Domistra Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription or authorized access period for your lawful internal or personal purposes, as applicable.

14. Feedback

If you voluntarily provide suggestions, ideas or feedback about the Services, you grant Domistra Inc. a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or obligation to you, provided that this does not grant Domistra Inc. ownership of your User Content or personal information.

15. Service Changes, Availability and Beta Features

We may improve, modify or update the Services from time to time. We may also introduce, change or retire features where reasonably necessary, subject to contractual commitments and applicable law. Material changes that significantly reduce core paid functionality during a committed subscription term will be handled in accordance with the applicable order form, enterprise agreement or law.

We do not guarantee uninterrupted or error-free operation. Maintenance, internet conditions, third-party providers, force majeure events and other factors may affect availability. Preview, beta or experimental features may be changed or discontinued and may be subject to additional terms.

16. Suspension and Termination

17. Confidentiality

Each party may receive non-public information that is identified as confidential or that a reasonable person would understand to be confidential. The receiving party will use such information only for purposes of the relationship, protect it using reasonable care, and disclose it only to persons who need it and are bound by appropriate obligations, except where disclosure is required by law. Confidentiality obligations do not apply to information that is lawfully public, already known without restriction, independently developed, or lawfully received from a third party without confidentiality duty.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DOMISTRA INC. DISCLAIMS IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THEY CANNOT LAWFULLY BE EXCLUDED.

DOMISTRA INC. DOES NOT WARRANT THAT USE OF THE SERVICES WILL SATISFY EVERY LEGAL, ACCOUNTING, TAX, HOUSING, REAL-ESTATE, FINANCIAL OR REGULATORY REQUIREMENT APPLICABLE TO A USER. USERS REMAIN RESPONSIBLE FOR PROFESSIONAL ADVICE AND FOR THEIR OWN LEGAL AND BUSINESS DECISIONS.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL OR ANTICIPATED SAVINGS, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMISTRA INC.’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE CUSTOMER TO DOMISTRA INC. FOR THE AFFECTED PAID SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR A USER OF ONLY FREE SERVICES, DOMISTRA INC.’S AGGREGATE LIABILITY WILL NOT EXCEED CAD $100.

The exclusions and limitations in this section do not apply to the extent prohibited by applicable law. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

20. Indemnification

To the extent permitted by law, an organizational customer will defend, indemnify and hold harmless Domistra Inc. and its directors, officers, employees and affiliates from third-party claims, damages, liabilities, costs and reasonable legal fees arising from the customer’s or its authorized users’ unlawful use of the Services, User Content, violation of third-party rights, or material breach of these Terms. This obligation does not apply to the extent a claim results from Domistra Inc.’s own breach, negligence, wilful misconduct or infringement.

21. Governing Law and Disputes

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to any mandatory rights or forum that applicable law gives you, the courts located in Nova Scotia, Canada will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services.

Nothing in these Terms limits mandatory consumer, privacy, tenancy or other statutory rights that cannot lawfully be waived or restricted by contract. Where mandatory local law applies despite the governing-law clause, these Terms will be interpreted to preserve those rights.

22. Changes to These Terms

We may update these Terms to reflect changes to the Services, law, regulation, security requirements or business practices. We will post the updated Terms and revise the “Last Updated” date. Where required by law or where a change materially affects existing rights or obligations, we will provide additional notice and, where required, obtain consent. Changes will not apply retroactively unless permitted by law and expressly stated.

23. Notices

We may provide operational or legal notices through the Services, by email to the address associated with your account, or through another reasonable electronic method. You are responsible for maintaining current contact information. Formal legal notices to Domistra Inc. should be sent to legal@domistra.com and, where physical delivery is required, to 11 Puncheon Way, Bedford, Nova Scotia, B4B 2L1, Canada.

24. General Terms

These Terms, together with incorporated policies, supplemental terms, applicable order forms and executed agreements, constitute the agreement governing the relevant Services. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. Headings are for convenience only.

You may not assign these Terms without Domistra Inc.’s prior written consent, except in connection with a permitted corporate reorganization, merger or sale of substantially all relevant assets where the assignee assumes the applicable obligations. Domistra Inc. may assign these Terms as part of a merger, reorganization, financing, sale of business or assets, or to an affiliate or successor, subject to applicable law.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations already due.

25. Product-Specific and Supplemental Terms

Certain products, jurisdictions or features may be governed by supplemental terms, including payment terms, electronic-signature terms, marketplace or vendor terms, wallet terms, data-processing terms, privacy notices, acceptable-use rules and other notices. If supplemental terms conflict with these Terms for the specific product or activity they govern, the supplemental terms control for that product or activity.

The availability of a product in the interface does not itself establish that the product is available in every country. Domistra Inc. may restrict products or features based on legal, regulatory, payment-provider, operational or commercial requirements.

26. Contact Information

• Legal: legal@domistra.com
• Privacy: privacy@domistra.com
• Security: security@domistra.com

Schedule A - Incorporated Documents and Contract Hierarchy

The following documents may apply to your use of the Services when published or otherwise made applicable. They should be read together with these Terms:

• Domistra™ Global Privacy Notice and applicable jurisdictional supplements;
• Domistra™ Cookie Policy;
• Domistra™ Acceptable Use Policy;
• Domistra™ Data Processing Addendum, where applicable;
• Domistra™ Payment and Transaction Terms;
• Domistra™ Electronic Signature Terms;
• Domistra™ Security and Trust Statement;
• product-specific or jurisdiction-specific supplemental terms; and
• an applicable order form, enterprise agreement or other written agreement executed by Domistra Inc.

In the event of a conflict, a signed negotiated agreement or order form controls over these Terms for the subject matter it expressly governs; product-specific supplemental terms control over these Terms for the relevant product or activity; and these Terms otherwise govern general use of the Services.

Schedule B - Geographic Availability Principles

The Domistra™ PMS is designed for broad international availability, subject to legal, regulatory, technical and payment-provider limitations. Localized currency and payment support may initially be provided for Canada, Nigeria, Ghana, Kenya and South Africa. Users in other supported locations may be offered an international billing currency such as USD. Actual currency, payment method and provider availability is shown in the applicable product or payment flow.

The Vendor Portal, Vendor Marketplace, Wallet and Community are separate ecosystem products and may be restricted by country. At initial release, those products are intended for Canada unless Domistra Inc. expressly announces availability elsewhere. Separate terms may apply before those products are activated.

Trademark Notice

Domistra™ is a trademark of Domistra Inc. All rights in the Domistra™ name, associated logos, product names, service names and branding are reserved by Domistra Inc. Use of the ™ symbol indicates a claim of trademark rights and must not be interpreted as a representation that a registration has issued in a jurisdiction where registration remains pending.