1. The agreement
These Terms, together with any signed order form or written subscription agreement ("Order"), form the agreement between Max Condo Club and the entity subscribing to the Service ("Customer"). If there is a conflict between these Terms and an Order, the Order controls for that subscription.
2. Accounts & roles
Customers may invite users with different roles such as administrator, property manager, concierge, board member, and resident. Customers are responsible for the acts and omissions of their users, for keeping credentials confidential, and for promptly notifying us of any suspected unauthorized access.
3. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right.
- Upload malware, scrape, or attempt to circumvent security or rate limits.
- Reverse engineer, copy, or resell the Service except as permitted.
- Use the Service to send spam or harassing communications.
- Interfere with the integrity or performance of the Service or its data.
We may suspend access to investigate suspected violations or to protect the Service and other users.
4. Customer data
"Customer Data" means information submitted to the Service by or for a Customer, including resident records, operational logs, and uploaded files. Customer retains all rights in Customer Data. Customer grants us a limited license to host, process, transmit, display, and back up Customer Data solely to provide and improve the Service and to comply with law.
Our handling of personal information is described in our Privacy Policy.
5. Fees & billing
Fees are described in the applicable Order or on our pricing page. Subscriptions are billed in advance on a monthly or annual basis based on the number of doors (residential units) under management. Door counts are reconciled periodically; net additions are billed pro-rata. Fees are non-refundable except as required by law. Late amounts accrue interest at the lower of 1.5% per month or the maximum permitted by law.
Taxes are excluded and are the Customer's responsibility, except for taxes on our net income.
6. Trials & pilots
If we make the Service available on a trial or pilot basis, the Service is provided "as is" without warranty for that period and may be terminated by either party at any time. Any data created during a trial may be deleted if the Customer does not convert to a paid subscription.
7. Intellectual property
We and our licensors retain all rights, title, and interest in the Service, including all software, design, content, and trademarks. No rights are granted except those expressly stated in these Terms. Feedback you provide may be used by us without restriction or obligation.
8. Third-party services
The Service may integrate with third-party products such as email and SMS gateways, payment processors, and document storage providers. Those services are governed by their own terms; we are not responsible for their acts or omissions.
9. Confidentiality
Each party agrees to protect the other's non-public information disclosed under these Terms with the same care it uses for its own confidential information, and at least reasonable care, and to use it only to perform under these Terms.
10. Warranties & disclaimers
We warrant that the Service will materially conform to its documentation during an active subscription. EXCEPT FOR THIS WARRANTY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of liability
To the maximum extent permitted by law:
- Max Condo Club is provided "as is" and "as available." We do not warrant that the service will be uninterrupted, error-free, or that AI-generated content (including summaries, suggestions, and triage) will be accurate or complete. AI outputs are aids, not decisions — final responsibility for any action taken rests with the user.
- We are not liable for the acts, omissions, or failures of third-party services integrated with the platform, including payment processors, banking providers, locker systems, and SMS carriers.
- Emergency and alert features (including SMS alerts) are convenience tools and do not replace emergency services. Always contact 911 or appropriate emergency services directly.
- For bill payments and financial workflows, we are not liable for payments executed after the required approvals and signatures were collected through the platform.
- Our total liability for any claim arising from the service is limited to the fees you paid us in the 12 months before the claim.
- Nothing in this section limits liability for fraud, gross negligence, or wilful misconduct.
12. Indemnification
Customer will defend and indemnify us against claims arising from Customer Data or Customer's use of the Service in violation of these Terms. We will defend and indemnify Customer against third-party claims that the Service, used as permitted, infringes that third party's intellectual property rights, subject to standard exclusions and remedies.
13. Term & termination
These Terms apply for the duration of your subscription. Either party may terminate for material breach not cured within 30 days of written notice. On termination, access to the Service ends; we will make Customer Data available for export for 30 days, after which it may be deleted in accordance with our data retention practices.
For resident app accounts and personal data processed on our platform, we may retain information for up to 90 days after account deletion or termination of access for security, fraud prevention, and backup recovery. After that period we have no obligation to retain further copies. Building operational records controlled by your property manager may be kept longer as required by law or contract.
14. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
15. Changes
We may update these Terms from time to time. If we make a material change, we will provide notice through the Service or by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Email legal@maxcondoclub.com or visit our support page.
