HOW YOU ACCEPT THESE TERMS: By clicking "I Agree," checking the acceptance box at signup, creating an account, subscribing, or using the Services, you enter into a legally binding agreement with Creative Property Management Software Inc. No handwritten or separate signature is required. Electronic acceptance is valid and enforceable under the Ontario Electronic Commerce Act, 2000. If you do not agree, do not use the Services.
PLAIN-LANGUAGE KEY TERMS SUMMARY (not a substitute for the full Terms): You must be 18 or older. Fees are billed in advance through Stripe and are non-refundable, except that individual Ontario landlords may cancel anytime with one click and keep access until the end of the paid cycle. You are responsible for getting tenant consent before entering tenant data. We never hold rent money, payments run on Stripe. Uptime is guaranteed at 99.5% with service credits as the remedy. Disputes go to good-faith negotiation, then arbitration in Toronto. Our liability is capped at your last 12 months of fees.
1.1 Parties. These Terms of Service and Subscription Agreement (these "Terms") are a binding contract between Creative Property Management Software Inc., an Ontario corporation (the "Company," "we," "us"), and the individual or legal entity that accepts them (the "Subscriber," "you").
1.2 The Services. The Company operates a cloud-based property management platform at www.creativepropertymanagement.ca and associated mobile applications (the "Services"), providing tenant record management, lease administration, electronic document signing, real-time messaging, and a technical payment interface.
1.3 Clickwrap Acceptance. You accept these Terms electronically by clicking "I Agree" (or equivalent), checking the acceptance box presented at account registration or subscription checkout, or by accessing or using the Services. Your electronic acceptance is recorded with a timestamp and account identifier and constitutes your binding agreement to these Terms and to the documents incorporated by reference in Section 1.4.
1.4 Incorporated Documents. The following documents are incorporated into these Terms by reference and together form the entire agreement: (a) the Privacy, Cookie, and Data Policy published on the Platform; (b) the Mobile Application EULA (if you use the mobile apps); and (c) the plan and pricing terms displayed at checkout. In the event of conflict, these Terms prevail unless the incorporated document expressly states otherwise.
1.5 Authority. Anyone accepting on behalf of an entity warrants that they have authority to bind that entity.
| Term | Definition |
|---|---|
| "Commercial Subscriber" | A corporation, partnership, property management firm, or other entity subscribing in the course of business. |
| "Individual Landlord Subscriber" | A natural person subscribing personally as an independent landlord who qualifies as a "consumer" under the Consumer Protection Act, 2002 (Ontario) (the "Ontario CPA"). |
| "Tenant Data" | All personal information about tenants, applicants, guarantors, or occupants that a Subscriber inputs into the Services, including names, contact details, Social Insurance Numbers ("SINs"), banking details, photo ID, and screening information. |
| "PIPEDA" | The Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5. |
| "Stripe" | Stripe, Inc. and affiliates, the third-party payment processing infrastructure integrated with the Services. |
| "BoldSign" | The third-party electronic signature service integrated with the Services. |
| "Pusher" | The third-party real-time websocket and messaging sub-processor integrated with the Services. |
3.1 Eighteen (18) Years Minimum. You must be at least eighteen (18) years of age to create an account, purchase a subscription, or execute any document through the Services. By using the Services you represent that you are at least 18 and possess full legal capacity to contract. Accounts created in violation of this Section may be terminated immediately, and documents executed by persons lacking capacity are voidable at the Company's discretion.
4.1 Dual Subscriber Classes. At registration you must accurately identify as either a Commercial Subscriber or an Individual Landlord Subscriber. These Terms apply differently to each class as expressly stated.
4.2 Fees Billed in Advance; Non-Refundable. Subscription fees are billed in advance through Stripe on a recurring monthly or annual basis, in Canadian dollars plus applicable taxes. All fees are non-refundable: except where required by non-waivable law or expressly provided in these Terms, no refunds, pro-rated refunds, or credits are issued for partial months, unused features, non-use, or mid-cycle downgrades. Demonstrable billing errors by the Company will be corrected.
4.3 Auto-Renewal. Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless cancelled before renewal. Renewal terms are disclosed at checkout. For Individual Landlord Subscribers, the Company sends an advance electronic renewal reminder before each annual renewal (and where required by law, before monthly renewals), and no price increase takes effect without prior written notice.
4.4 Cancellation, All Subscribers. You may cancel at any time through the cancellation control in your account dashboard. Cancellation takes effect at the end of the current paid billing cycle; access continues until then and no further charges are made.
4.5 Individual Landlord Consumer Carveout (Ontario CPA). For individual, non-corporate Ontario landlords: cancellation via the single-click electronic control panel keeps the subscription active until the end of the current billing cycle, at which point auto-renewal ceases without penalty, cancellation fee, or additional charge. The Company imposes no telephone-only cancellation, retention interviews, or other friction. Nothing in these Terms limits any non-waivable right you have under the Ontario CPA; if these Terms conflict with such a right, the statutory right prevails.
4.6 Non-Payment. The Company may suspend access for overdue fees following reasonable notice, subject to the Ontario CPA for Individual Landlord Subscribers.
5.1 Lawful Property Management Only. The Services are provided exclusively for lawful property management administrative tasks conducted in compliance with the laws of Ontario and Canada.
5.2 Prohibited Technical Conduct. You must not: (a) deploy scrapers, crawlers, bots, or automated data harvesting against the Services; (b) reverse-engineer, decompile, or attempt to derive source code or architecture; (c) engage in bulk extraction of content, listings, or user data; or (d) host, post, or transmit defamatory content on the platform.
5.3 Anti-Discrimination Mandate (Ontario Human Rights Code). You are strictly prohibited from using the software, messaging tools, or custom application forms in any manner that violates the Ontario Human Rights Code. Any rental applications, advertisements, listing descriptions, or screening criteria that discriminate, directly or indirectly, on the basis of race, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, marital status, family status, disability, or receipt of public assistance are strictly forbidden. You bear sole legal responsibility for your listings, forms, and screening practices, and shall indemnify the Company against any human rights complaint arising from your use of the Services.
5.4 Ban on Fraudulent Content. Ghost listings, bait-and-switch rental advertisements, and unauthorized property representations are prohibited. By uploading a property, you guarantee that you possess the legal authority to lease it, whether as owner, licensed property manager, or authorized agent, and you will produce evidence of that authority on request.
5.5 Security Protection. You must not: probe, scan, or exploit security vulnerabilities; upload malware to the platform's servers; bypass, alter, or tamper with BoldSign e-signature audit logs or any logging mechanism; or run unauthorized data extraction scripts. You must promptly report discovered vulnerabilities to the Company and must not exploit or publicly disclose them.
5.6 Immediate Suspension and Fee Forfeiture. The Company holds the unilateral right to immediately suspend or permanently delete any account found violating this Section, without prior notice where the violation risks other users, tenants, platform security, or legal compliance. Any violation resulting in an account ban triggers immediate forfeiture of all subscription fees paid, with no refund eligibility, in addition to any other remedy at law.
6.1 You Are the Sole Data Controller. With respect to all Tenant Data you input into the Services, you are the sole Data Controller under PIPEDA and applicable Canadian privacy law. The Company acts strictly as a data processor on your instructions.
6.2 Explicit Tenant Consent Required. Before inputting any Tenant Data, you must obtain explicit, meaningful, informed consent from each individual, identifying what information is collected, the purposes, that it will be stored on a third-party SaaS platform, and the individual's rights of access, correction, and withdrawal. You must retain records of consent and produce them on reasonable request.
6.3 Indemnity. You shall indemnify, defend, and hold harmless the Company and its directors, officers, employees, and agents from all claims, regulatory proceedings, fines, losses, and expenses (including legal fees on a full indemnity basis) arising from: (a) your failure to obtain valid tenant consent; (b) your breach of PIPEDA or any privacy law; (c) unlawful or infringing Tenant Data you input; or (d) any claim by a tenant or applicant relating to your handling of their personal information.
7.1 Technical Interface Only. For all payment functionality, rent collection, tenant payments, deposits, fob and amenity payments, the platform acts strictly as a technical interface and portal to Stripe's payment infrastructure. The Company is not a bank, money services business, payment processor, escrow agent, or fiduciary, and never touches, holds, or manages funds transferred between landlords and tenants.
7.2 Stripe Terms Govern. Payment processing is governed exclusively by the Stripe Services Agreement and Stripe Connected Account Agreement, which you accept directly with Stripe.
7.3 Complete Payment Liability Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR: (a) transaction failures, including declined, reversed, or misdirected payments; (b) payment processing delays; (c) NSF fees, chargeback fees, or bank charges; and (d) landlord, tenant, or third-party fraud originating on the Stripe architecture. Claims must be pursued against Stripe or the responsible counterparty.
7.4 Landlord and Tenant Disputes. Fee disputes, accidental overpayments, and refund demands regarding rent or tenant transactions must be resolved directly between landlord and tenant. The Company will not mediate, process, or reverse landlord and tenant transactions and disclaims all liability for refunds of tenant transactions.
8.1 Binding E-Signatures. The Services use BoldSign for electronic signatures on contracts, leases, and administrative documents. Clicking "Sign," "Accept," or using the BoldSign interface constitutes a legally binding electronic signature under the Ontario Electronic Commerce Act, 2000, with the same legal weight as a handwritten "wet ink" signature. You waive any objection to a document's validity solely because it was executed electronically.
8.2 Audit Trail. When you use BoldSign, the platform automatically records your IP address, email verification metrics, and tamper-evident digital timestamps, compiled into an immutable audit trail for legal enforceability. By using the signing interface you consent to this collection, and the audit trail may be produced as evidence in any proceeding.
9.1 Disclosure. The platform uses Pusher as a third-party real-time websocket and messaging sub-processor for instantaneous chat, live notifications, and real-time dashboard synchronization.
9.2 Transit Pipeline Only; Encryption. Pusher acts strictly as a data transit pipeline. All payload data routed through Pusher is fully encrypted in transit, and Pusher is contractually prohibited from permanently storing, profiling, scraping, or repurposing any user data, messages, or tenant communications. Highly sensitive identifiers (SINs, banking credentials, ID images) are not transmitted through the real-time channel.
9.3 Conduit Disclaimer. Pusher is an external third-party infrastructure framework. The Company disclaims all liability for intermittent message delays, websocket dropouts, network latency, or localized notification failures caused by Pusher's underlying cloud performance. Real-time features are provided "as available" and are not the sole channel for time-critical notices, which are also delivered by email or in the account record.
10.1 99.5% Uptime Guarantee. The Company guarantees 99.5% monthly system uptime for the core Services, measured per calendar month, excluding: scheduled off-peak maintenance windows (with advance notice), emergency security maintenance, third-party outages (Stripe, BoldSign, Pusher, AWS, DNS, internet backbone), Subscriber-caused issues, and force majeure.
10.2 Sole Remedy, Capped Service Credit. For a verified SLA breach, your sole and exclusive remedy is a prorated service credit applied to your next billing cycle, capped at fifty percent (50%) of your current monthly subscription fee (or monthly equivalent for annual plans). Credits have no cash value, are non-transferable, and expire on account termination. Claims must be submitted through support within thirty (30) days of the month-end in which downtime occurred, or the credit is waived. All other remedies for uptime failures are waived.
11.1 Company Ownership. All software, design, text, graphics, logos, and compilations in the Services are the exclusive property of the Company or its licensors, protected by Canadian and international copyright and trademark law. You receive only the limited right to use the Services under these Terms.
11.2 Your Content. You retain ownership of content and data you upload and grant the Company a limited licence to host, process, and display it solely to provide the Services and as described in the Privacy, Cookie, and Data Policy (including anonymized aggregate analytics).
12.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES ARISING FROM IDENTITY THEFT, IDENTITY FRAUD, OR THIRD-PARTY MISUSE OF PERSONAL INFORMATION, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
12.2 Aggregate Cap. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Basis of the Bargain; Consumer Carve-Out. These limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose. Nothing in this Section excludes liability that cannot lawfully be excluded under the Ontario CPA for Individual Landlord Subscribers, or liability for the Company's own fraud or wilful misconduct.
13.1 Mandatory Good-Faith Negotiation. Before initiating any formal proceeding, both parties must attempt to resolve the dispute informally through good-faith negotiations for a minimum of thirty (30) business days, commencing on delivery of a written notice of dispute describing the claim, relief sought, and authorized negotiator. Completion of this period is a condition precedent to arbitration; limitation periods are tolled during it to the extent permitted by law.
13.2 Binding Arbitration in Toronto. Unresolved disputes shall be finally settled by binding arbitration in Toronto, Ontario, Canada, under the Shorter Rules of the ADR Institute of Canada, before a single arbitrator, in English. The award is final and enforceable in any court of competent jurisdiction.
13.3 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. All disputes proceed on an individual basis only. If this waiver is unenforceable for a particular claim, that claim alone proceeds in the Ontario courts.
13.4 Consumer and Interim Relief Carve-Outs. Individual Landlord Subscribers retain any non-waivable right under the Ontario CPA to proceed in the Ontario courts (including Small Claims Court) or participate in a class proceeding for consumer claims. Either party may seek urgent injunctive relief from a court to protect intellectual property or confidential information.
14.1 Governing Law. These Terms are governed by the laws of Ontario and the federal laws of Canada.
14.2 Amendments. The Company may amend these Terms with reasonable advance notice posted on the Platform and emailed to you; material amendments for Individual Landlord Subscribers comply with the Ontario CPA. Continued use after the effective date constitutes acceptance.
14.3 Severability, Waiver, Assignment. Invalid provisions are modified to the minimum extent needed and the rest remain in force. No delay in enforcement is a waiver. You may not assign these Terms without consent; the Company may assign in connection with a merger or sale.
14.4 Survival. Sections 6, 7, 11, 12, 13, and 14 survive termination.
14.5 Notices. Legal notices are delivered by email to the Company's designated legal address published on the Platform and to your registered account email, deemed received the next business day.