Terms of Service
Draft. This is a draft for reference only. Consult legal counsel before relying on these terms.
Last updated: 2025-03-03
1. Acceptance of Terms
By accessing or using Nestriq ("the Platform", "we", "our", "us"), you agree to be bound by these Terms of Service. 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 to use Nestriq. In Ontario, that is 18 years of age. By using the Platform, you represent that you meet this requirement and have the legal capacity to enter into a binding agreement.
3. Accounts & Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorized use. We are not liable for losses arising from unauthorized access due to your failure to safeguard your credentials.
4. Platform Role & Disclaimers
Nestriq provides tools to connect landlords and tenants. We are not a real estate brokerage, property manager, or agent. We do not:
- Guarantee any outcomes (e.g., successful tenancy, screening results)
- Provide legal, financial, or tax advice
- Verify the accuracy of user-provided information
- Manage properties or act on behalf of landlords or tenants
Profile and listing information is self-declared unless otherwise indicated. You are responsible for your own due diligence and compliance with applicable laws.
5. Listings, Applications, Messaging
You are responsible for the accuracy of information you provide, including listings, profiles, and messages. Listings and applications must comply with applicable human rights and housing laws. You must not impose discriminatory requirements based on protected grounds (e.g., race, religion, family status, source of income where prohibited).
We do not guarantee the quality, safety, or legality of listings or user conduct. Disputes between users are between those users; we are not a party to such disputes.
6. Prohibited Conduct / Acceptable Use
You must not:
- Violate any applicable law or regulation
- Post false, misleading, or fraudulent information
- Harass, threaten, or discriminate against others
- Use the Platform for spam, phishing, or unauthorized commercial use
- Attempt to circumvent security or access controls
- Scrape, copy, or misuse Platform data without permission
We may suspend or terminate accounts that violate these terms.
7. Payments
If and when payment features are enabled, additional terms will apply. Fees, refunds, and payment processing will be described at the time of launch.
8. Content & IP
You retain ownership of content you submit. By submitting content, you grant us a non-exclusive, royalty-free license to use, display, and distribute it in connection with operating the Platform. We own the Platform, its design, and our trademarks. You may not copy or use our IP without permission.
9. Termination
You may close your account at any time. We may suspend or terminate your access for violation of these terms or for any other reason at our discretion. Upon termination, your right to use the Platform ceases immediately.
10. Disclaimers of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESTRIQ AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100 CAD.
Some jurisdictions do not allow certain limitations; in such cases, our liability is limited to the maximum extent permitted by law.
12. Indemnity
You agree to indemnify and hold harmless Nestriq, its affiliates, and their officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Platform, your content, or your violation of these terms.
13. Governing Law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.
14. Changes to Terms
We may update these terms from time to time. We will notify you of material changes by posting the updated terms on the Platform and updating the "Last updated" date. Continued use after changes constitutes acceptance. If you do not agree, you must stop using the Platform.
15. Contact
For questions about these terms, contact us at /contact. You can reach us at support@nestriq.com or privacy@nestriq.com for legal and privacy inquiries.