These Terms of Service ("Terms") govern your access to and use of the website, applications, platforms, tools, APIs, mobile applications, browser extensions, and all related services (collectively, the "Services") provided by Tivio Technologies Inc. ("Tivio," "we," "our," or "us").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Acceptance of Terms

By creating an account, accessing, or using the Services, you:

(a) Acknowledge that you have read and understood these Terms; (b) Agree to be legally bound by these Terms and our Privacy Policy; (c) Represent and warrant that you are at least 18 years of age; (d) Represent and warrant that you have the legal authority to enter into this agreement on behalf of yourself or the entity you represent.

2. Description of Services

Tivio provides a cloud-based property management platform that may include, but is not limited to:

• Property, tenant, lease, and contact management
• Financial tracking, rent collection, and accounting features
• Maintenance request management
• AI-powered assistant, chat, and automated workflows
• AI-generated content, documents, emails, and reports
• Electronic signature and document management
• Automated scheduling and task execution via AI
• Communication tools (email, SMS, announcements)
• Lead management and CRM
• White-label website and branding tools
• Public marketplace listings
• Blog and content management
• Calculators, rent estimators, and analytical tools
• Form builder and embeddable forms
• Browser extension and mobile applications
• Automated outreach and marketing tools
• Third-party integrations

Features may vary by subscription plan and may be modified, added, or removed at any time without prior notice.

3. Account Registration and Responsibility

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account, including actions by authorized users, team members, AI features, and automated processes you configure
• You must immediately notify us of any unauthorized access or security breach
• Tivio is not liable for any loss or damage arising from unauthorized access to your account caused by your failure to safeguard your credentials

4. Permitted Use

You may use the Services only for lawful property management, real estate, and related business activities. You agree not to:

• Use the Services for any unlawful, fraudulent, or harmful purpose
• Interfere with, disrupt, or compromise the integrity or performance of the Services
• Attempt unauthorized access to any systems, networks, or data
• Reverse engineer, decompile, disassemble, or create derivative works of the software
• Upload, transmit, or store content that is unlawful, defamatory, obscene, harassing, threatening, or infringing
• Use the Services to send spam, unsolicited communications, or violate anti-spam laws
• Scrape, crawl, or harvest data from the Services without authorization
• Impersonate any person or entity
• Circumvent any access controls, rate limits, or security measures
• Use the Services in a manner that competes with or harms Tivio
• Share, resell, or sublicense access to the Services without authorization

Violations may result in immediate suspension or termination of your account without notice or refund.

5. Artificial Intelligence Features — Disclaimer and Limitations

5.1 Nature of AI Features

The Services include artificial intelligence features that can generate content, perform actions, provide suggestions, answer questions, create documents, schedule tasks, send communications, and execute workflows on your behalf.

5.2 No Guarantee of Accuracy

AI-GENERATED CONTENT, SUGGESTIONS, ACTIONS, DOCUMENTS, COMMUNICATIONS, AND OUTPUTS ARE PROVIDED ON AN "AS IS" BASIS. TIVIO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, LEGALITY, SUITABILITY, OR FITNESS FOR ANY PURPOSE OF ANY AI-GENERATED OUTPUT.

5.3 Your Responsibility

• You are solely responsible for reviewing, verifying, editing, and approving all AI-generated content before use, publication, sending, or reliance
• You are solely responsible for all actions performed by AI features based on your instructions or configurations, including but not limited to sending emails, creating records, scheduling events, generating documents, and executing automated workflows
• AI features may produce errors, hallucinations, inaccurate information, or unintended results. You acknowledge this risk and agree to verify all outputs
• AI features do not constitute legal, financial, tax, medical, or professional advice

5.4 AI Data Processing

• AI features process your inputs, data, and instructions to generate responses and perform actions
• We may use aggregated, de-identified data to improve AI capabilities
• You shall not input sensitive personal data (such as government identification numbers, health records, or financial account numbers) into AI chat features unless such features are specifically designed and designated for that purpose

5.5 Indemnification for AI Use

You agree to indemnify and hold Tivio harmless from any claims, damages, losses, or liabilities arising from your use of or reliance on AI-generated content, actions, or outputs.

6. Electronic Signatures

6.1 Electronic Signature Services

The Services may include electronic signature capabilities allowing you to create, send, sign, and manage documents electronically.

6.2 Consent to Electronic Signatures

By using electronic signature features, you consent to conducting transactions electronically and agree that electronic signatures are legally binding to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and equivalent international regulations.

6.3 No Legal Advice

Tivio does not provide legal advice regarding the enforceability, validity, or compliance of electronic signatures in any jurisdiction. You are solely responsible for determining whether electronic signatures are appropriate and legally valid for your specific use case and jurisdiction.

6.4 Audit Trails

We maintain audit trail records for electronic signature transactions. These records are provided as-is and Tivio makes no guarantee regarding their admissibility or sufficiency as evidence in any legal proceeding.

6.5 Limitation of Liability for Signatures

Tivio is not liable for any disputes, claims, losses, or damages arising from the use, non-use, invalidity, or unenforceability of electronic signatures executed through the Services.

7. Automated Outreach and Communications

7.1 Your Responsibility

If you use automated outreach, email marketing, communication, or lead generation features, you are solely and exclusively responsible for:

• Compliance with all applicable laws and regulations, including but not limited to CAN-SPAM Act, CASL, GDPR, PECR, and all other anti-spam and data protection laws
• Obtaining and maintaining all necessary consents, permissions, and legal bases to contact recipients
• The content, accuracy, and legality of all messages sent through the platform
• Maintaining accurate and up-to-date opt-out and suppression lists
• Including required identification and unsubscribe mechanisms in all commercial communications

7.2 No Liability

Tivio is not responsible for and expressly disclaims all liability arising from your outreach activities, including but not limited to fines, penalties, complaints, reputational damage, deliverability issues, or legal claims resulting from your communications sent through the Services.

7.3 Right to Suspend

We reserve the right to suspend or terminate outreach features if we reasonably believe you are violating applicable laws, these Terms, or engaging in abusive sending practices.

8. Payment and Subscription Terms

• Fees are billed in advance on a monthly or annual basis as selected
• All fees are non-refundable unless expressly required by applicable law
• Failure to pay may result in suspension or termination of access
• We reserve the right to change pricing with 30 days' notice
• Free trials, promotional plans, or discounted pricing may be modified, limited, or discontinued at any time
• Taxes are your responsibility where applicable
• You authorize us to charge your payment method on file for recurring subscription fees
• Downgrading your plan may result in loss of access to certain features or data

9. User Content

9.1 Ownership

You retain all ownership rights in content, data, documents, and materials you input, upload, or create through the Services ("User Content").

9.2 License Grant

You grant Tivio a worldwide, non-exclusive, royalty-free, sublicensable license to store, process, transmit, display, reproduce, and use User Content solely as necessary to operate, provide, maintain, and improve the Services.

9.3 Your Representations

You represent and warrant that:

• You own or have all necessary rights, licenses, and permissions for all User Content
• User Content does not violate any third-party rights, including intellectual property, privacy, or contractual rights
• User Content does not contain unlawful, harmful, or objectionable material
• You are responsible for the accuracy and legality of all User Content

9.4 No Obligation to Monitor

We have no obligation to monitor, review, or edit User Content. However, we reserve the right to remove any content that violates these Terms.

10. AI-Generated Content Ownership

• Content generated by AI features using your inputs and instructions is provided to you for your use, subject to these Terms
• Tivio does not claim ownership of AI-generated outputs created at your direction
• You acknowledge that AI-generated content may not be eligible for intellectual property protection in all jurisdictions
• Similar or identical AI outputs may be generated for other users based on similar inputs
• You are solely responsible for ensuring that your use of AI-generated content complies with all applicable laws, including intellectual property laws, advertising regulations, and industry-specific requirements

11. White-Label Features

If you utilize Tivio's white-label capabilities:

• You may apply your own branding, domain, logos, and styling
• You remain solely and exclusively responsible for all content displayed, services offered, and representations made under your branded environment
• You are the data controller for personal data collected from your end users through your white-labeled platform
• Tivio assumes no liability for any claims, damages, losses, misrepresentations, or disputes arising from your white-labeled environment
• You agree to indemnify Tivio against any claims from your end users

12. Marketplace

• Property listings and agency profiles published on our marketplace are publicly visible
• You are responsible for the accuracy and legality of your listings
• Tivio does not verify, endorse, or guarantee any listings, properties, agencies, or transactions
• Tivio is not a party to any transaction between users and assumes no liability for disputes arising from marketplace interactions

13. Mobile Applications and Browser Extensions

• Mobile applications and browser extensions are subject to these Terms and the applicable app store terms
• We may require updates to maintain compatibility and security
• Features may differ from the web platform
• Browser extensions may access page content solely to provide AI context features you initiate
• You are responsible for maintaining device security

14. Third-Party Integrations

• The Services may integrate with or connect to third-party platforms, tools, and services
• Third-party integrations are governed by their own terms and privacy policies
• Tivio does not control, endorse, or assume liability for any third-party services, and makes no warranties regarding their availability, accuracy, security, or performance
• You are responsible for reviewing and accepting third-party terms before enabling integrations
• Data shared with third-party services through integrations you authorize is subject to those services' terms and policies

15. Service Availability

Tivio strives for reliable and continuous service but does not guarantee:

• 100% uptime or uninterrupted availability
• Error-free, bug-free, or defect-free operation
• That the Services will meet your specific requirements
• That data will never be lost or corrupted

Scheduled and emergency maintenance, updates, and upgrades may occur at any time. We will make reasonable efforts to provide advance notice of planned downtime when practical.

16. Data Backup

While we maintain backups as part of our infrastructure, you are solely responsible for maintaining your own independent backups of critical data. Tivio is not liable for any data loss, corruption, or inability to recover data for any reason.

17. Intellectual Property

• The Services, including all software, code, design, text, graphics, logos, trademarks, and documentation, are the exclusive property of Tivio Technologies Inc.
• These Terms do not grant you any ownership rights in the Services
• You may not copy, reproduce, distribute, modify, or create derivative works of any part of the Services without written permission
• Feedback, suggestions, or feature requests you submit may be used by Tivio without obligation or compensation

18. Termination

18.1 By You

You may terminate your account at any time by contacting us or through your account settings. No refunds will be issued for unused portions of prepaid subscription periods.

18.2 By Tivio

We may suspend or terminate your access immediately, without notice, if you:

• Breach any provision of these Terms
• Misuse the platform or its features
• Engage in fraudulent, unlawful, or abusive behavior
• Fail to pay applicable fees
• Pose a risk to platform security, integrity, or other users

18.3 Effect of Termination

Upon termination:

• Your access to the Services will be immediately revoked
• You must cease all use of the Services
• We may delete your data after a reasonable retention period, subject to legal obligations
• Provisions that by their nature should survive termination will remain in effect, including Sections 5, 6, 7, 9, 10, 11, 19, 20, 21, 22, and 23

19. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL AI FEATURES, ELECTRONIC SIGNATURE CAPABILITIES, AUTOMATED TOOLS, CONTENT, AND OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TIVIO EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR AVAILABILITY
• LEGAL ENFORCEABILITY OF ELECTRONIC SIGNATURES
• COMPLIANCE WITH ANY SPECIFIC REGULATORY FRAMEWORK
• SUITABILITY FOR YOUR SPECIFIC BUSINESS NEEDS

YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• TIVIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF TIVIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• TIVIO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TIVIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• IF YOU ARE ON A FREE PLAN, TRIAL, OR UNPAID ACCOUNT, TIVIO'S TOTAL LIABILITY SHALL NOT EXCEED $0.00 USD.
• TIVIO IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM: (A) AI-GENERATED CONTENT, ACTIONS, OR OUTPUTS; (B) ELECTRONIC SIGNATURES OR THEIR ENFORCEABILITY; (C) AUTOMATED OUTREACH OR COMMUNICATIONS YOU SEND; (D) ACTIONS PERFORMED BY AUTOMATED FEATURES BASED ON YOUR INSTRUCTIONS; (E) THIRD-PARTY INTEGRATIONS OR SERVICES; (F) DATA LOSS OR SECURITY BREACHES BEYOND OUR REASONABLE CONTROL; (G) YOUR FAILURE TO MAINTAIN ADEQUATE BACKUPS; (H) DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICES; (I) DISPUTES BETWEEN YOU AND YOUR TENANTS, LANDLORDS, CLIENTS, VENDORS, OR ANY THIRD PARTIES.

21. Indemnification

You agree to indemnify, defend, and hold harmless Tivio Technologies Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

• Your access to or use of the Services
• Your violation of these Terms or any applicable law or regulation
• Your User Content or any content you publish, distribute, or transmit through the Services
• Your use of or reliance on AI-generated content, suggestions, or actions
• Electronic signatures executed through the Services
• Outreach, emails, or communications you send through the Services
• Your white-labeled environment and any claims from your end users
• Disputes between you and your tenants, landlords, clients, vendors, contacts, or any third parties
• Your failure to comply with applicable anti-spam, data protection, privacy, real estate, fair housing, or other applicable laws
• Marketplace listings or transactions you participate in
• Any third-party claims arising from your use of the Services

22. Dispute Resolution

22.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles.

22.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall take place in Alberta, Canada. The decision of the arbitrator shall be final and binding.

22.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

22.4 Injunctive Relief

Notwithstanding the above, Tivio may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tivio regarding the Services and supersede all prior agreements, understandings, and communications.

23.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.4 Assignment

You may not assign or transfer these Terms without our written consent. Tivio may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

23.5 Force Majeure

Tivio shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, cyberattacks, power outages, or third-party service failures.

23.6 Notices

We may provide notices to you via email, in-app notification, or posting on the Services. You may provide notices to us at: support@tivio.io

24. Changes to Terms

Tivio may update these Terms at any time. Material changes will be communicated via email or prominent notice within the Services. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

25. Contact

Tivio. Email: mail@tivio.io  Website: tivio.io