Terms of Service

1. Agreement to Terms

By accessing or using Civic Reserve ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Civic Reserve provides reserve fund planning, depreciation reporting, and related services for condominium corporations and property managers in Canada. Our platform facilitates the creation, management, and analysis of reserve fund studies in compliance with provincial regulations.

3. User Accounts

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. User Responsibilities

You agree not to:

• Use the Service for any illegal purpose or in violation of any local, provincial, or federal regulations
• Violate, or encourage others to violate, any right of a third party, including intellectual property rights
• Post or transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable
• Attempt to gain unauthorized access to the Service or its related systems or networks
• Use automated systems or software to extract data from the Service for commercial purposes
• Impersonate any person or entity, or falsely state or misrepresent your affiliation

5. Professional Services

Reserve fund studies and depreciation reports generated through our platform are prepared by qualified professionals in accordance with applicable provincial regulations. While we strive for accuracy, these reports are based on information provided by clients and visual inspections. They should not be considered a guarantee of future costs or building conditions. We recommend consulting with qualified engineers, architects, or other specialists for detailed assessments of specific building components.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by Civic Reserve and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Reports generated through the Service remain the property of the client who commissioned them, but our methodology, software, and underlying data models remain our proprietary property.

7. Payment Terms

Payment for services is required according to the pricing structure outlined at the time of order:

• All prices are in Canadian dollars (CAD) unless otherwise stated
• Payment is due upon completion of the initial site inspection
• We accept credit card, debit, and electronic fund transfer (EFT) payments
• Refunds may be provided at our discretion for services not yet rendered
• Outstanding invoices may result in account suspension or legal action

8. Limitation of Liability

To the maximum extent permitted by applicable law, Civic Reserve shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or content. Our total liability shall not exceed the amount paid by you to Civic Reserve in the twelve (12) months prior to the event giving rise to the liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless Civic Reserve, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. Data Security

We implement appropriate technical and organizational measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security. You acknowledge that you provide your personal information at your own risk.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may contact us at support@civicreserve.ca.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Ontario, and the parties hereby consent to personal jurisdiction and venue therein.

13. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall first be addressed through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be resolved through binding arbitration in accordance with the Arbitration Act of Ontario, or through the courts of Ontario as specified above.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Civic Reserve concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.

17. Contact Information

If you have any questions about these Terms, please contact us: