Effective: 2023-06-12
Welcome to Eversa. Eversa is a residential and commercial property management web platform that facilitates management tasks and improves communications between property owners/landlords, property managers and tenants. The Eversa Platform offers an online venue that enables Users to publish, offer, search for, rent a property and once a connection is made, communicate with each other about maintenance schedules, administer rental payments and so much more. Users who publish and offer rental properties are “Property Managers” and Users who search for, apply, or become a renter are “Tenants.”
Eversa is owned and operated by Ikarus (https://ikarusdev.ca/). As the provider of the Eversa Platform, Ikarus does not own, control, offer or manage any of the content uploaded into the Eversa Platform by Property Managers or Tenants. Ikarus is not a party to the contracts entered into directly between Property Managers and Tenants, nor is Ikarus a Property Manager.
Ikarus is not acting as an agent in any capacity for any Users (Property Manager or Tenant). As a service provider to a Property Manager, Ikarus will remain at all times responsible for the maintenance of Eversa, the debugging (if necessary), as well as providing technical support as part of our licensing agreement with a Property Manager.
As a User, you, on behalf of yourself as an individual (e.g. a Property Manager or a Tenant) or, on behalf of the organization that has entered into an Eversa licensing agreement with Ikarus (e.g. a Property Manager) that grants you access to Eversa, are agreeing to be bound by the following Terms of Use. If you do not wish to be bound by these Terms of Use, you must stop using the Eversa Platform.
We may modify these Terms of Use at any time by publishing the amended Terms of Use on the Eversa Platform. The amended Terms of Use will take effect immediately. You will be required to accept the amended Terms of Use the next time you log in to the Platform. The effective date of the latest update is indicated at the beginning of these Terms of Use.
We welcome your questions, comments and feedback regarding these Terms of Use. Contact us at: info@eversa.app.
All Users of the Eversa Platform must register to create a User account. You represent and warrant that the information you provide to create your User account is valid and accurate. You may not share your account with any other person, and you must always keep your password confidential. You are responsible for any action taken or performed through your User account and accessed with your password.
If you register a User account through an organization that has entered into a licensing agreement with Ikarus (e.g. property managers, owners, landlords) and acts as the Administrator of their Eversa account, they may use a third-party service to authenticate Users in Eversa. As Administrator, the organization is responsible for communicating to all their Users, which data may be shared with the operator of that service.
You, as an individual, as well as the organization that has otherwise granted you a User license under a separate agreement with Ikarus, will be responsible for maintaining the security of your account, passwords and User content, including all uses of your personal account and any of your uses or misuses of the organization’s Eversa administrative account. If you are a Property Manager, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your use of the Eversa Platform.
When you create your account, you are granted a limited, revocable, non-transferable and non-sublicensable license to use the Eversa Platform on one or more computers and / or mobile devices that are under your control and that run on an operating system supported by Eversa, but only in accordance with these Terms of Use.
Ikarus cannot and does not make any representations or warranties regarding the devices you use to access or use Eversa that may impact your access to the Platform, including with respect to device compatibility.
Ikarus also grants you the right to reproduce the documentation available relating to the use of Eversa for the sole purpose of helping you to use Eversa in accordance with these Terms of Use. We make no warranty about the documentation.
When you receive the rental confirmation, a contract for the rental of the property is formed directly between you, the Tenant and the Property Manager. In addition to these Terms of Use for Eversa, you will be subject to, and responsible for complying with, all terms issued by the Property Manager, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified by the Property Manager. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to renting a property.
The Property Manager will have access to the Administrator module of Eversa and will be able to grant User licenses for the Tenant module to its Tenants, as well as User licenses to its third parties. The Property Manager is responsible for registering their Users.
When you accept a Tenant through the Eversa Platform, you are entering into a contract directly with the Tenant and are responsible for delivering your rental property under the terms and at the price specified in your Listing. Any terms, policies, or conditions that you include in any supplemental contract with Tenants must: (i) be consistent with these Terms of Use, and (ii) be prominently disclosed in your Listing description.
Your relationship with Ikarus is that of an independent individual or organization and not an employee, agent, joint venturer, or partner of Ikarus. Ikarus does not direct or control your role as Administrator on the Eversa Platform, and you agree that you have complete discretion whether and when to provide property rental listings, and at what price and on what terms to offer them.
You acknowledge that the role of Property Manager carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Eversa Platform, offering Listings, or any interaction you have with Tenants whether in person or online. You agree that you have had the opportunity to investigate the Eversa Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings and that you are not relying upon any statement of law made by Ikarus as provider of the Eversa Platform.
Parts of the Eversa Platform enable you to provide files, text, photos, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Ikarus a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable licence to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation.
All User Content collected from Tenants is and will always remain under the control and responsibility of the Property Manager who has signed an Eversa License with Ikarus.
Ikarus undertakes to keep confidential and reasonably secure, Content in Eversa and not to use this information in any context other than the activities related to the use of Eversa (except for purposes of improving Eversa) and to only use anonymized or de-identified information.
The Property Manager will have a period of 30 days to download its Content following the expiry date of the Eversa License. Beyond this period, the data will no longer be available to the Property Manager or the Tenant. Ikarus will securely destroy the Content on the servers where they are hosted.
The Property Manager is responsible for notifying its Users of the end of the License that User access will be terminated and the Content will be securely deleted within 30 days of the expiration of the Eversa License.
Any request from the Property Manager for the extraction of Content before the expiry of the license, apart from what will be developed in the "Administrator" module of Eversa, may be subject to additional costs which must be paid in full by the Property Manager.
As a User with a registered Eversa account, you cannot :
1. Use Eversa for illegal purposes or in a manner that violates any laws and regulations applicable in Canada or in any jurisdiction where Eversa is accessed and used;
2. Use Eversa in a manner that unreasonably imposes a disproportionate load on the logical and physical infrastructure where Eversa is hosted;
3. Upload or otherwise transmit through Eversa any material that is illegal, constituting harassment, false, misleading, defamatory, abusive, profanatory, threatening, vulgar, obscene, sexually explicit, pornographic, containing a malicious computer code, likely to disrupt the functioning of Eversa or otherwise harmful to Users of Eversa;
4. Use the Platform to infringe or facilitate the infringement of any intellectual property right of a third party (including uploading any image to which Ikarus does not have the rights, including but not limited to any photo of your building for which you do not have the broadcasting rights);
5. Reproduce, transmit or provide access to Eversa for the benefit of any person who is not authorized by Ikarus;
6. Lend, sell or otherwise distribute all or part of Eversa or the Eversa documentation without a formal written agreement having been concluded with Ikarus to this effect;
7. Reverse engineer, decompile or disassemble Eversa in whole or in part, or create derivative works of or sublicense any right in Eversa or attempt to do so or provide your assistance in any third-party effort to do it;
8. Modify or alter in any way, the Eversa Platform or Eversa documentation or take part in such an effort initiated by a third party; and
9. Access, copy, reproduce or attempt to access, copy or reproduce the Eversa Platform or its source code.
Although we want to make Eversa always available, we cannot guarantee that you will be able to access it without interruption. Ikarus may deactivate Eversa from time to time. Eversa may also be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Ikarus will not be responsible if all or part of the Platform is unavailable at any time, for any duration.
At any time, Ikarus may, at our sole discretion, without notice and without indemnity, compensation or damages whatsoever, terminate a User’s access to the Platform if: i) you do not comply with these Terms of Use ii) we in good faith believe that, as part of using Eversa, you or any Users associated with your account may have violated the law or engaged in a ’Prohibited Use’ of the Platform; iii) the Licensing Agreement we have with you ends; iv) we are instructed by the Property Manager.
The content available through Eversa is either the property of Ikarus or used under license. You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, or sell all or part of Eversa, any content it includes, its source code, its object code or any information or service obtained through it other than for commercial or personal use of Eversa in accordance with these Terms of Use. You may not grant any license or sublicense of Eversa or any content available through it without our prior written consent. You do not have permission to use any photos, text, logos or trademarks reproduced in Eversa without our prior written consent. If you choose to contact us to suggest improvements to Eversa or to the services offered by Ikarus, Ikarus will retain all right, title and interest in and to the Suggestions and will be entitled to use the Suggestions without restriction. You hereby irrevocably grant us all rights, titles and interest in and to the Suggestions and waive all moral rights in the Suggestions.
You acknowledge and agree that: (i) your Suggestions do not contain confidential information or are the property of third parties; (ii) we have no obligation of confidentiality, express or implied, with respect to the Suggestions; (iii) we are authorized to use or disclose (or choose not to use or disclose) the Suggestions for any purpose, in any way, in any medium, anywhere in the world; (iv) we may have already considered or be under development for items identical or similar to those mentioned in the Suggestions; and (v) you are not entitled to receive compensation or reimbursement in any form from us regardless of the circumstances in which the Suggestions are communicated to us.- You acknowledge and agree that Ikarus is the sole owner of Eversa including any improvements made by you on Eversa (whether or not Ikarus has authorized such improvements) or created based on comments, suggestions, recommendations or other information that you may have provided on the Platform (the “Improvements”). You hereby agree that you will not make any claims to any intellectual property rights in any such Improvements or in the amended Platform, programs, data structure or any other intellectual property created in accordance with the Improvements, and where Ikarus is not, by law, the first owner of such Improvements, you hereby assign and transfer to Ikarus all right, title and interest that you have or may have in the Improvements.
Use of Eversa and the services offered through it is at your own risk. The Platform is provided "as is" and without any warranty whether implied or given expressly or tacitly. To the extent permitted by law, without any warranty, whether express, tacit or implied, Ikarus specifically rejects and excludes any express or implied warranty relating to the quality, reliability and veracity of the information contained on Eversa. Although serving you well is always a priority, Ikarus cannot and does not guarantee that access to Eversa and the services offered by or through it will be uninterrupted and secure and that the content available through Eversa will be error-free, accurate, complete and up-to-date. Ikarus does not guarantee the results obtained through the use of the Platform or the accuracy or reliability of any information obtained through the Platform. All material and / or data uploaded, downstream or otherwise obtained through use of the Platform is at your sole discretion and risk. Ikarus does not warrant that this material is free from viruses or other destructive code that could damage or contaminate your computer equipment or other property. You will be fully responsible for any damage to your computer or loss of data that may arise from the upstream and / or downstream download of such material and / or data through the Platform.
To the fullest extent permitted by law, Ikarus, nor its employees, directors or officers may in no way be held liable for any prejudice you may suffer as a result of your use of Eversa, your inability to use Eversa or in relation to any lease, renewal of a lease, including direct, indirect, punitive, incidental, special, consequential or other damages of any kind, including, but not limited to, damages for lost data or profits. If you are dissatisfied with all or part of Eversa, or with any of the terms of these Terms of Use, your only remedy is to stop using Eversa .
You agree to indemnify and hold Ikarus and our affiliates, employees, directors, officers, shareholders, agents and licensors harmless from and against all damage, claim, liability, losses, costs, fines, penalties and debts, including reasonable legal fees and cost resulting from your use of Eversa or any alleged violation on your part of these Terms of Use.
These Terms of Use and all related transactions are governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with such laws. Any dispute relating to the use of Eversa or to these Terms of Use must be submitted to a court of competent jurisdiction in the Province of Quebec in the judicial district of Québec, to the exclusion of any other court or jurisdiction.
If Ikarus fails to enforce any provision of these Terms of Use, or if Ikarus fails to exercise or avail itself of any of the rights or remedies to which it is entitled under these Terms of Use, this will not constitute a waiver of these rights or remedies and will not exempt you from complying with these obligations.
Your rights and obligations under these Terms of Use may not be assigned without our prior written consent. Ikarus may assign all or part of our rights and obligations under these Terms of Use.
The Platform may accessed through links from websites owned and operated by third parties. Ikarus has no control over these websites and are not liable for their content and Terms of Use. We link to external locations only to facilitate navigation with Eversa and the inclusion of such links does not imply that we endorse or recommend the content or Terms of Use of these websites.
