Last update : 2022-01-18

Welcome to the Eversa platform (the web platform and the mobile application are collectively referred to as the "Platform" which is operated by 11222180 CANADA INC., doing business as Ikarus (which we will refer to as " we " or " Ikarus "). To use the Platform, you must comply with certain terms, conditions and rules which are explained in these Terms of Use.

As a user (whom we will refer to as " you " or " the user"), you agree to these Terms of Use by using the Platform and you understand that doing so constitutes a contract between you and Ikarus. If you do not wish to be bound by these Terms of Use, you must stop using the Platform.

• PURPOSE OF THE PLATFORM

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  The Platform is a residential and commercial property management platform that aims to facilitate management tasks and improve communications between owners, managers and tenants (the " Object ").

• ACCESS TO THE PLATFORM

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  Although we want to make the Platform always available, we cannot guarantee that you will be able to access it without interruption. We may deactivate the Platform from time to time. The Platform 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. Ikarus cannot and does not make any representations or warranties regarding the devices you use to access or use the Platform, including with respect to device compatibility.
  We may, at our sole discretion, interrupt or terminate your access to all or part of the services available through the Platform for any reason, including, but not limited to, failure to comply with the Terms of Use. Any suspected abusive or illegal activity may constitute a reason for interrupting your access to the Platform.

• USER ACCOUNT

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  You must create a user account to use the Platform. You represent and warrant that the information you provide us 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 accessed with your password.
  If you use a third-party service to authenticate yourself in the Platform (for example the portal of a property manager), some data may be shared with the operator of that service.

• INTELLECTUAL PROPERTY

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  The content available through the Platform is either our property or used under license.
  You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, or sell all or part of the Platform, any content it includes, its source code, its object code or any information or service obtained through it other than for personal use of the Platform in accordance with these Terms of Use. You may not grant any license or sublicense of the Platform 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 the Platform without our prior written consent.

• LIMITED LICENSE

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  We grant you a limited, revocable, non-transferable and non-sublicensable license to use, download and install the Platform on one or more computers and / or mobile devices that are under your control and that run on an authorized operating system, but only in accordance with these Terms of Use.
  We also grant you the right to reproduce the material and documents available relating to the use of the Platform (the "Documentation") for the sole purpose of helping you to use the Platform in accordance with these Terms of Use. We make no warranty about the Documentation.

• PERSONAL DATA

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  We collect certain data through the Platform, including personal information about users. To use the Platform, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Statement. By accepting these Terms of Use, you declare that you have read this policy and give us your consent.
  The collection and processing of certain data are subject to your specific consent, which you may withdraw at any time, as provided for in the Privacy Statement

• USER CONTENT

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  If you are a tenant, you acknowledge that Ikarus is authorized to copy, distribute, and use in any way any content, work or material that you upload to the Platform using the Platform or that you display on the Platform, including by giving access to the manager of your building and / or the owner. In the event that any content incorporates your image, you are deemed to have accepted that this image be broadcast to the manager or owner of your building from the moment you upload your image on the Platform.
  If you are a manager and / or owner, you acknowledge that Ikarus is authorized to copy, distribute, and use the content, work or material that you upload to the Platform using the Platform or that you post on the Platform, and to which you allow access to your tenants, including your logos, trademark and other selected information.

• SUGGESTIONS

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  If you choose to contact us about improvements to the Platform or to the services offered by Ikarus (the “Suggestions”), 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.

• IMPROVEMENTS

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  You acknowledge and agree that Ikarus is the sole owner of the Platform and its content, including any improvements made by you on the Platform (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 or its content (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.

• PROHIBITED USE

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  You cannot :

  • use the Platform other than for the Object or for illegal purposes or in a manner that violates any laws and regulations applicable in Canada or in any jurisdiction where the Platform is used;
  • use the Platform in a manner that unreasonably imposes a disproportionate load on the logical and physical infrastructure hosting the Platform;
  • upload or otherwise transmit through the Platform any material that is illegal, constituting harassment, false, misleading, defamatory, abusive, profanatory, threatening, vulgar, obscene, sexually explicit, pornographic, containing a malicious computer code, without relationship with the Object, likely to disrupt the functioning of the Platform or otherwise harmful to users of the Platform;
  • use the Platform to infringe or facilitate the infringement of any intellectual property right of a third party (including uploading any image to which we do not have the rights, including but not limited to any photo of your building for which you do not have the broadcasting rights);
  • reproduce, transmit or provide access to the Platform for the benefit of any person who is not an authorized user;
  • lend, sell or otherwise distribute all or part of the Platform or the Documentation without a formal written agreement having been concluded with Ikarus to this effect;
  • reverse engineer, decompile or disassemble the Platform in whole or in part, or create derivative works of or sublicense any right in the Platform or attempt to do so or provide your assistance in any third-party effort to do it;
  • modify or alter in any way the Platform or the Documentation or take part in such an effort initiated by a third party; and
  • access, copy, reproduce or attempt to access, copy or reproduce the Platform or its source code.

• TERMINATION

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  Whether you are a tenant, a manager or a building owner, at any time we may, at our sole discretion, without notice and without indemnity, compensation or damages whatsoever, terminate your access to the Platform, if you do not comply with the Terms of Use of the Platform, make a prohibited use of the Platform, if the agreement we have with the manager or owner of the building ends or if the latter instructs us to end your access, whatever the reason (for example end of your lease, misuse, etc.).
  You will receive a ten (10) days notice prior to the revocation of your access to the Platform to allow you to download the relevant documents.

• EXTERNAL LINKS

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  The Platform may contain links to websites owned and operated by third parties. We have no control over these websites and are not liable for their content. We link to external locations only to facilitate navigation and the inclusion of such links does not imply that we endorse or recommend the content of these websites.

• NO WARRANTY

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  Use of the Platform 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 its Platform.
  Although serving you well is always a priority, Ikarus cannot and does not guarantee that access to the Platform and the services offered by or through it will be uninterrupted and secure and that the content available through the Platform 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.

• LIMITATION OF LIABILITY

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  Ikarus is not, and does not represent itself as, a property owner or property manager. 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 the Platform, your inability to use the Platform 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 the Platform, or with any of the terms of these Terms of Use, your only remedy is to stop using the Platform.

• INDEMNIFICATION

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  You agree to indemnify and hold us 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 the Platform or any alleged violation on your part of these Terms of Use.

• APPLICABLE LAW

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  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 the Platform 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.

• NO WAIVER

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  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.

• ASSIGNMENT

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  Your rights and obligations under these Terms of Use may not be assigned without our prior written consent.
  We may assign all or part of our rights and obligations under these Terms of Use.

• AMENDMENT TO THESE TERMS OF USE

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  We may modify these Terms of Use at any time by publishing the amended Terms of Use on the 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 date of the latest update is indicated at the beginning of these Terms of Use.

• CONTACT INFORMATION

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  We welcome your questions, comments and feedback regarding these Terms of Use. If you have any questions, please write to us at: info@eversa.app.