Authorized User Terms
These authorized user terms (“Authorized User Terms”) govern your access and use of the Cottage Companion online platform (the “Platform”), including the underlying software (the “Software”). The Platform is marketed as Maintenance Companion.
Article 1. No Liability for Acts or Omissions of Property Maintenance Company
Cottage Companion grants you access to the Platform on behalf of the property maintenance company that has invited you to use the Platform (the “Property Maintenance Company”). Other than granting access to the Platform on its behalf, Cottage Companion is not affiliated with the Property Maintenance Company and accepts no liability for its acts or omissions. Cottage Companion provides the Platform as a tool for communication and organization among the Property Maintenance Company, its employees, agents, subcontractors and clients (the “Community Members”). You agree to release Cottage Companion for any liability, arising under any legal or equitable theory, for the acts or omissions of any Community Member.
Article 2. Licence Grant.
Subject to your strict compliance with these Authorized User Terms, Cottage Companion hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Platform on the Property Maintenance Company’s behalf. The foregoing licence will terminate immediately on the earlier to occur of:
(a) the expiration or earlier termination of the agreement between Cottage Companion and Property Maintenance Company; or
(b) your ceasing to be authorized by Cottage Companion to use the Platform for any or no reason.
Article 3. Eligibility.
You represent and warrant that you are not less than sixteen (16) years of age, or such older minimum age as may be required to agree to these Authorized User Terms and the privacy notice shown to you during your registration process (the “Privacy Notice”), in the jurisdiction in which you reside, and are capable of entering into legally binding contracts under the law applicable to you. As a condition of accessing the Platform, you agree to input when requested, and maintain, accurate, current and complete information, and you agree to keep your access credentials secure and confidential. You agree that you will be responsible for all actions performed under your access credentials and that actions performed under your access credentials will be presumptively deemed to be your actions personally.
Article 4. Use Restrictions.
You shall not, directly or indirectly:
(a) use the Platform except as set forth in Section 1;
(b) copy, modify, or create derivative works or improvements of the Software;
(c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any person;
(d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;
(e) bypass or breach any security device or protection used by the Platform or access or use the Platform other than by your own then-valid access credentials;
(f) input, upload, transmit, or otherwise provide to or through the Platform any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code;
(g) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Platform, or Cottage Companion’s provision of services to any third party, in whole or in part;
(h) remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform;
(i) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Cottage Companion customer), or that violates any applicable law;
(j) access or use the Platform for the purpose of posting, publishing or transmitting any text, graphic, video, audio recording or material that is defamatory, invades another person’s privacy, is obscene, pornographic or offensive (including material that promotes bigotry against any individual or group), is otherwise unlawful or gives rise to a risk of liability to Cottage Companion;
(k) access or use the Platform for the purpose of engaging in behaviour towards other users which constitutes stalking or harassing, harvesting or collecting personal information (including email addresses) or passwords, is otherwise unlawful or gives rise to a risk of liability to Cottage Companion; or
(l) access or use the Platform for purposes of competitive analysis of the Platform, the development, provision or use of a competing software service or product, or any other purpose that is to the Cottage Companion’s detriment or commercial disadvantage.
Article 5. Privacy
You acknowledge having read and agreed to Cottage Companion’s Privacy Notice and the Cottage Companion’s privacy policy available here [https://maintenancecompanion.tech/terms-and-policies/privacy-policy/]. You agree to Cottage Companion’s collection, use, disclosure and retention of personal information as set out therein and you agree to submit privacy concerns or complaints to the privacy officer / data protection officer at the address set forth in the Privacy Notice and to allow such privacy officer / data protection officer a reasonable period of time (and in no event, fewer than 14 days) to resolve such concern or complaint prior to commencing any action or formal complaint against Cottage Companion.
Article 6. Compliance Measures.
The Platform may contain technological copy protection or other security features designed to prevent unauthorized use of the Platform, including features to protect against use of the Platform:
(a) beyond the scope of the licence granted to under Section 1;
(b) prohibited under Section 3.
You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
Article 7. Collection and Use of Information.
(a) Cottage Companion may, directly or indirectly through the services of others, collect and store information regarding use of the Platform and about equipment through which it otherwise is accessed and used.
(b) You agree that the Cottage Companion may use such information for any purpose related to any use of the Platform by you, including but not limited to: (i) improving the performance of the Platform or developing updates; and (ii) verifying compliance with the terms of this Agreement and enforcing Cottage Companion’s rights, including all intellectual property rights in and to the Platform.
Article 8. Intellectual Property Rights.
(a) You acknowledge that you do not acquire any ownership interest in the Platform under this Agreement, or any other rights to the Platform other than to use the Platform in accordance with the licence granted under this Agreement, subject to all terms, conditions, and restrictions. Cottage Companion and shall retain its entire right, title, and interest in and to the Platform and all intellectual property rights arising out of or relating to the Platform.
(b) You irrevocably assign to Property Maintenance Company all your right, title and interest in all content, whether textual, graphic, video or audio recording, or any other form of media, you upload to the Platform, including moral rights. You represent and warrant that you are the owner, free and clear of all encumbrances, of the intellectual property rights in all content you upload to the Platform. You agree to take such action and make such deliveries as may be reasonably required to give effect to the foregoing. The Property Maintenance Company is a third-party beneficiary of this Article 7(b) and is entitled to the full benefit of this assignment.
Article 9. Disclaimer.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COTTAGE COMPANION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Article 10. Limitation of Liability.
IN NO EVENT WILL COTTAGE COMPANION OR ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE PLATFORM, ACTS AND OMISSIONS OF OTHER AUTHORIZED USERS, OR ACTS AND OMISSIONS OF THE PROPERTY MAINTENANCE COMPANY, ITS AGENTS OR SUBCONTRACTORS, INCLUDING DAMAGE TO PROPERTY CAUSED BY THE PROPERTY MAINTENANCE COMPANY, ITS AGENTS OR SUBCONTRACTORS HOWSOEVER ARRISING. YOU ARE PROVIDED ACCESS TO THE PLATFORM UNDER THE AGREEMENT BETWEEN COTTAGE COMPANION AND PROPERTY MAINTENANCE COMPANY, SOLELY FOR THE BENEFIT OF PROPERTY MAINTENANCE COMPANY AND AT PROPERTY MAINTENANCE COMPANY’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY COTTAGE COMPANION OR ITS REPRESENTATIVES MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE PLATFORM SHALL BE SOLELY TO PROPERTY MAINTENANCE COMPANY UNDER THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
Article 11. Severability.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Article 12. Governing Law.
These Authorized User Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.