Terms of Service — Nestriq

1. Acceptance of Terms

These Terms of Service (the "Terms") are an agreement between you and Nestriq ("Nestriq", "we", "our", or "us") governing your use of the Nestriq website, applications, and services (together, the "Platform"). By creating an account or using the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

2. Eligibility

You must be at least the age of majority in your province or territory of residence (18 in Ontario) and able to enter into a binding contract. By using the Platform, you confirm that you meet these requirements. If you use the Platform on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.

3. Accounts and Security

You are responsible for the information you provide when creating your account, for keeping your login credentials confidential, and for any activity that occurs under your account. Notify us promptly if you suspect unauthorized access. We are not responsible for losses caused by your failure to safeguard your credentials.

4. Our Role

Nestriq is a software platform that helps tenants, landlords, and their agents connect and communicate around rental housing. We are not a real estate brokerage, property manager, real estate agent, or party to any rental agreement between users.

We do not:

Provide legal, financial, tax, or real estate advice.
Verify the accuracy of user-submitted profile or listing information. During our private beta, profile information is self-declared.
Guarantee any specific outcome, such as a successful tenancy, applicant quality, listing accuracy, or response from any user.
Manage properties, collect rent, or act as an intermediary in any transaction between users.

You are responsible for your own due diligence, decisions, and compliance with applicable laws. Any rental, application, or related arrangement is solely between the users involved.

5. Listings, Profiles, and Messages

You are responsible for the content you submit to the Platform, including listings, profile details, and messages. You agree that this content will be:

Accurate and not misleading.
Compliant with applicable laws, including human rights, housing, consumer protection, and privacy laws.
Free of discriminatory requirements based on protected grounds (such as race, religion, family status, disability, or source of income, where applicable).
Yours to share, or shared with the permission of the rights holder.

We do not endorse any user, listing, or message, and we are not a party to communications or arrangements between users. Disputes between users are between those users.

6. Acceptable Use

You agree not to:

Violate any applicable law or regulation.
Post content that is false, misleading, fraudulent, or discriminatory.
Harass, threaten, impersonate, or harm other users or our team.
Use the Platform for spam, phishing, or any unauthorized commercial purpose.
Attempt to bypass security, authentication, or access controls, or interfere with the Platform's operation.
Scrape, copy, harvest, or otherwise misuse Platform content or data without our written permission.
Use automated tools to access the Platform in a way that places an unreasonable load on our infrastructure.

7. Fees and Paid Features

The Platform is currently free to use during our private beta. If we introduce paid features in the future, we will publish the applicable pricing and additional terms before you are charged. By purchasing a paid feature, you agree to those additional terms.

8. Intellectual Property

You retain ownership of the content you submit to the Platform. By submitting content, you grant Nestriq a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that content as needed to operate, provide, promote, and improve the Platform. This license ends when you remove your content, except for copies retained for backups, legal compliance, or as required by the way the Platform works (for example, messages already sent to other users).

Nestriq and its licensors own the Platform, including its software, design, branding, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. You may not copy, modify, reverse engineer, or use our intellectual property without our written permission.

9. Suspension and Termination

You may close your account at any time. We may suspend or terminate your access to the Platform, in whole or in part, if we reasonably believe you have violated these Terms, if it is necessary to protect the Platform or other users, or as otherwise permitted by law. We may also discontinue features or the Platform itself at any time. Sections of these Terms that by their nature should survive termination will continue to apply.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NESTRIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION ON THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NESTRIQ AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nestriq, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your content, your interactions with other users, or your violation of these Terms or applicable law.

13. 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-laws principles. You and Nestriq agree to the exclusive jurisdiction of the courts located in Toronto, Ontario for any dispute that is not required to be resolved in another forum by applicable law.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page, and, if the changes are significant, we will provide additional notice through the Platform or by email. Your continued use of the Platform after the changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Platform.

15. Contact

For questions about these Terms, email support@nestriq.com or visit our contact page. For privacy-related questions, email privacy@nestriq.com.