Last updated February 10, 2024
Please note that this English version of the Terms and Conditions is a translation from the original in French. In case of any discrepancy, the French version shall prevail.
INTRODUCTION
DEFINITIONS
ACCEPTANCE OF TERMS
ELECTRONIC COMMUNICATIONS
MODIFICATION OF TERMS
SERVICE DESCRIPTION
PURCHASES AND PAYMENT
ACCESS AND USE OF THE SERVICE
FREE TRIAL OR PROMOTIONAL GIFT CARDS
LICENSE FOR APPLICATION USE
INTELLECTUAL PROPERTY RIGHTS
COURTIA'S PRIVACY POLICY
USER RESPONSIBILITIES
LIMITATION OF LIABILITY
EXCLUSION OF WARRANTIES
INDEMNIFICATION
TERMINATION
GENERAL PROVISIONS
CONTACT
Welcome to Courtia, an innovative solution specifically designed for real estate brokers in Quebec. Our platform offers a full range of services, including artificial intelligence-assisted property description tools, targeted marketing strategies, objection handling mechanisms, as well as advanced data backup and management features.
By accessing our platform, registering, or using our services, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions ( here inafter referred to as "Terms"). If you are using Courtia on behalf of a company or other legal entity, you represent that you are authorized to accept these Terms on behalf of that company or entity, and that such company or entity agrees to be bound by these Terms to the same extent as you as an individual.
We invite you to read these Terms carefully before using our services. If you do not accept these terms, you must not access the platform or use the services offered.
In these Legal Terms, unless the context requires a different interpretation:
"Agreement" refers to these Legal Terms, including all appendices, privacy policies, and referenced supplementary documents, as well as any future amendments.
"Party" refers to you or to us; "Parties" refers to you and us together.
"The Site" refers to the Courtia website accessible at http://courtia.ca/, including all its subpages, integrated services, features, and any associated content platform.
"The Application" designates the Courtia mobile application, which is an extension of the Site, enabling accessand use of the Services via mobile devices.
"The Platforms" collectively refer to the Courtia website and the Courtia mobile application, through which users can access and use the Services.
"The Services" encompass all functionalities, content, and applications that we offer through the Site and the Application, including without limitation, the artificial intelligence-assisted property description tools, marketing, objection handling,and data backup and management features.
"User" refers to any natural or legal person who accesses or uses the Services.
"Content" means any text, image,video, audio, or other multimedia material, software, or other information or material submitted, uploaded, posted, or made available on the Site or through the Application.
"User Content" means any content that users submit, upload, post, or otherwise make available on or through the Services.
"Personal Data" means any information that can be used to identify a natural person directly or indirectly.
"Third Party" refers to any naturalor legal person who is not a party to this Agreement.
"Use" or "Usage" refers toany act of accessing, browsing, downloading, registering, or interacting withthe Site or the Application.
By accessing, downloading, installing, or using Courtia's Services, you affirm that you have read and understood these Legal Terms and our Privacy Policy. By proceeding with such use, you demonstrate your active consent and agree to abide by these Legal Terms unreservedly. By using the Services, you represent and warrant that you have reached the age ofmajority in your jurisdiction, which is 18 years in the province of Quebec. You also agree to ensure that your use of the Services complies with all applicable laws. If you do not accept these Legal Terms or do not meet the required age conditions, you must not access or use the Services. Further more, you acknowledge that these Legal Terms may be updated or modified, and your continued use of the Services following such changes signifies your acceptance of the new terms.
Visiting the Services, sending emails, and filling out online forms are electronic communications. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices on the Services. You agree that all agreements,notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would bein writing.
Consent to Electronic Communications:
· By using the Services, you agree to receive electronic communications from us.
· You confirm that you can access information sent to us electronically.
We reserve the right to modify these Legal Terms at any time to reflect changes in the law, the evolution of our Services, updates to our data processing practices, or for any other reason deemed necessary. The most recent version of these Legal Terms will always be available on the Site and the Application. We will inform you of any significant change through your registered email address or a notification onthe Site or the Application. If you do not agree with the revised terms, youhave the right to cease using the Services. Your continued use of the Services after the entry into force of the modifications will be considered acceptance of the updated terms. We may, depending on the circumstances, request confirmation from you for the acceptance of the new terms.
Courtia's website and application (collectively referred to as "the Platforms") provide users with a complete range of artificial intelligence-assisted services, specifically designed for real estate brokerage professionals. The services offered include, but are not limited to:
· Property Description: Automated generation ofdetailed descriptions for listed properties.
· Marketing Content: Creation of personalized marketing content to promote properties.
· Translation and Correction: Translation andlinguistic correction services in French and English to ensure the quality andaccuracy of communications.
· Argument Analysis: Analysis and provision of structured responses to arguments presented by clients or interested parties.
· Negotiation Advice: Suggestions on different aspects of real estate negotiation to optimize results.
· Call Scripts: Generation of scripts for phone calls aimed at improving customer engagement.
· Objection Handling: Assistance to counter common objections in the real estate domain.
· Data Backup: Data backup functionalities to secure important information.
The Platforms are available in French and English to better serve our bilingual users. The services provided by Courtia are designed to respect the laws of Quebec as well as the specific regulations governing Quebec real estate brokerage. By using our Platforms, users agree to comply with these regulations and acknowledge that artificial intelligence isused to enhance and facilitate the services provided.
Accepted Payment Methods
To facilitate your transactions on ourplatform, all purchases made on our site are processed exclusively via Stripe,a secure and trusted online payment system.
When making a purchase, you will need to provide valid and up-to-date payment information. By submitting this information, you grant us the right to provide this information to third parties to facilitate the transaction.
Payment Processing
Payments are charged at the time the order is processed. If we are unable to charge your primary payment method or if the payment is rejected for any reason, we reserve the right to cancel your order without providing you with the goods or services.
Subscription Renewals and Recurring Billing
For services requiring a subscription, unless other wise indicated at the time of purchase, your subscription will be automatically renewed at the end of each billing cycle. Your payment method will automatically be charged at the current rates until you cancel your subscription. We will provide you with a reminder before renewing your subscription at the end of each billing cycle.
Price Changes
We reserve the right to change the prices of our products or services at any time. Any price change will be communicated to you before billing.
Cancellations and Refunds
Purchases of goods or services on our platformmay be cancelled in accordance with our refund policy, which is available inthe Termination section of these Terms. For subscription services, you may cancel your subscription at any time, but please note that we do not provide refunds for already billed subscription periods, except as otherwise provided in our refund policy.
Transaction Security
The security of your transactions is paramount to us. We strive to provide security measures to protect against the loss, misuse, or alteration of information we have collected from you. However, since no information transmission over the internet or data storage can be guaranteed 100% secure, we cannot ensure or warrant the absolute security of such information.
Billing Errors
In case of a billing error, please contact us immediately. We are committed to resolving any billing errors promptly andfairly.
Questions and Contact
For any questions or concerns about purchases or payments, please contact us using the information provided in the Contact section of these Terms.
Eligibility Conditions and Access
To access and use the Platforms, you must have reached the legal age of majority (18 years or older in the province of Quebec)and possess the full legal capacity to enter into contracts. You represent andwarrant that all information you provide upon registration will be true,accurate, current, and complete, and you agree to maintain the accuracy of such information and promptly update it as necessary.
Use Restrictions
In using the Platforms, you agree not to:
· Access the Services by automated or non-human means, such as through a bot, script, or otherwise.
· Use the Services for illegal, unauthorized purposes or to promote illegal activities.
· Violate applicable laws or regulations in your jurisdiction concerning the use of the Services.
· Infringe the intellectual property rights of Courtia or any third party.
· Submit, post, or disseminate content that is defamatory, obscene, could be considered harassment, or hate propaganda.
· Attempt to disrupt or compromise the integrity or security of the systems or data in the Platforms.
User Accounts and Password Security
When creating an account on the Platforms, you agree to:
· Protect the confidentiality of your password and account information.
· Be fully responsible for all activities that occur under your account.
· Immediately inform Courtia of any unauthorized use of your account or any other breach of security.
· Not use the account, username, or password ofanother user at any time, nor disclose your password to a third party.
· Accept that Courtia has the right to delete,reclaim, or change a username you have selected if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Liability for Unauthorized Use
Courtia is not responsible for any loss you may suffer as a result of unauthorized use of your account or login information.However, you could be held responsible for the financial consequences or damages incurred by Courtia or others as a result of such unauthorized use.
Consequences of Incorrect Information and Violation of Terms
In the case of providing false, inaccurate,outdated, or incomplete information, or in case of violation of the established terms, Courtia reserves the right to suspend or terminate your access to the Services without notice, which may include a ban on using current and future Services, in whole or in part.
Service Management
We reserve the right, but not the obligation, to:
· Monitor the Services for violations of these Legal Terms.
· Take legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
· Deny, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your contribution or any part of it.
· Without prior notice or liability, remove from the Services or disable any file and content deemed excessive in size or that could impose an undue burden on our systems.
· Manage the Services to protect our rights and property and to facilitate the efficient operation of the Services.
End of Free Trial and Billing
At the end of the free trial period, unless theuser cancels before the end of this period, the account will automatically becharged based on the chosen subscription. Subscription fees will be debited from the payment method provided upon registration.
Cancellation During the Trial Period
Users have the right to cancel theirsubscription at any time during the free trial period. If the subscription is canceled before the end of the trial period, no charges will be applied to the user. Please note that any remaining credits from promotional gift cards are not refundable.
Changes to Free Trial Conditions or Promotional Gift Cards
We reserve the right to modify or terminate the free trial at any time and without notice. Any change or termination will be communicated to users registered for the free trial in a timely manner.
Access through the Application
When you use our mobile application (here inafter referred to as "the Application"), we grant you are vocable, non-exclusive, non-transferable, and limited license to install anduse the Application on wireless devices that you own or control, exclusively for your personal and non-commercial use, and in accordance with the terms ofthese Legal Terms.
Use Restrictions of the Application
You agree not to:
· Adapt, modify, translate, or create derivative works from the Application, nor decompile, disassemble, or otherwise attempt todiscover the Application's source code, except as explicitly permitted by law.
· Remove or conceal any copyright or property notice included in or accompanying the Application.
· Use the Application for lucrative, commercial purposes, or for any other purpose not expressly authorized by us.
· Distribute or make the Application available ona network where it could be used by multiple devices at the same time.
· Circumvent or violate any law or regulationapplicable in connection with your access to or use of the Application.
· Specific Conditions for Apple and Android Devices
The use of the Application obtained via the Apple Store or Google Play is governed by the following clauses:
· Your license to use the Application is restricted to a non-transferable license to use it on a device using Apple iOS or Android operating systems, in accordance with the Application Distributor's respective usage guidelines.
· Any maintenance and support service for the Application will be provided by us, in accordance with these Legal Terms and applicable legislation, with Application Distributors not being required to provide such support.
· If the Application does not comply with an applicable warranty, you may report this issue to the Application Distributor,who may refund the purchase price according to its terms and policies, within the limits permitted by law.
· You attest not to reside in a country subject to an embargo or designated as supporting terrorism by the U.S. government, andnot to be listed on any U.S. government list of restricted or prohibited parties.
· You agree to comply with any relevant third-party agreement when using the Application.
Compliance and Authorized Use
You are prohibited from using the Application for any illegal activity, including but not limited to unauthorized automated queries or unsolicited commercial communications.
Ownership of Platform Content
The Platforms, including but not limited to,text, graphics, images, photographs, illustrations, logos, audio and video clips, user interfaces, visual code, scripts, software, and functionality, aswell as the selection and arrangement of such content, are the exclusive property of Courtia or its licensors. These elements are protected by copyright laws, trademarks, patents, and other intellectual property laws or property rights. All rights not expressly granted in these Legal Terms are reserved by Courtia.
Usage Rights Granted to Users
Courtia grants you a limited, non-exclusive,non-transferable, revocable license to access and use the Platforms solely foryour personal and non-commercial use, in accordance with the established Legal Terms. This license does not confer any ownership rights over the platform content, and you are required not to use the platform's content in an unauthorized manner. You may not sell, transfer, assign, license, subcontract,or modify the platform content, nor reproduce, download, broadcast, transmit,use, or distribute the platform content in any way for public or commercial purposes without Courtia's prior written consent.
Your Submissions
By submitting questions, comments, suggestions,ideas, feedback, or other information regarding the Services("Submissions"), you relinquish all intellectual property rights overthese Submissions. We acquire the right to unlimited use and distribution ofthese Submissions for any legitimate, commercial, or other purpose, without obligation for acknowledgment or compensation to you.
Responsibility for Your Submissions
You are wholly responsible for the Submissions you make through the Services, and you must ensure that they comply with applicable laws and do not violate third party intellectual property rights.You waive all moral rights over these Submissions and ensure you hold the required rights and licenses to submit them. In the event of a claim arising from your Submissions, you agree to indemnify Courtia against any losses suffered.
Reservation of Rights
All rights not expressly granted are reserved by Courtia. Any violation of the intellectual property rights set forth here will constitute a serious infraction of these Legal Terms and may lead to the immediate termination of your right to use the Services.
Collection of Personal Data
We collect personal data when you use our Services, including, but not limited to, your name, email address, phone number, and any other information you choose to provide. The information is collected through registration on the Site or Application, during the use ofour services, or through communications with our team.
Use of Personal Data
Your personal data is used to provide and improve our Services, to communicate with you, for internal operations such as managing the customer database, and to comply with legal obligations. We mayalso use these details for marketing purposes, but only if you have given explicit consent.
Protection of Personal Data
We take the protection of your personal datavery seriously and use appropriate technical and organizational security measures to prevent unauthorized access, disclosure, alteration, orunauthorized destruction of your information.
Sharing of Personal Data
We do not share your personal data with third parties, except as necessary for the provision of Services, to respond to legal requirements, or if you have given your consent.
User Rights
You have the right to access the personal data we hold about you, to request its correction, update, or deletion. You can also object to the processing of your personal data for legitimate reasons, except when required for the provision of Services.
Data Retention
We retain your personal data as long asnecessary to provide the Services and to comply with our legal obligations.
International Data Transfer
Although we primarily operate in Quebec, it isimportant to note that our Services are accessible internationally. However, weprocess and protect personal data in accordance with the strict privacy laws inforce in Quebec and Canada. Hence, regardless of your place of residence oraccess to the Services, the information collected as part of using the Serviceswill be transferred and processed exclusively in Quebec/Canada and will besubject solely to Quebec and Canadian data protection legislation. By using ourServices, you acknowledge and consent to this data transfer and processing.
Changes to the Privacy Policy
This Privacy Policy may be updated periodically. We will inform you of any significant changes and advise you to regularly consult this page to be aware of the latest information on our privacy practices.
As part of using Courtia's Services, each useris expected to comply with ethical and legal standards of behavior. Here are the specific responsibilities and prohibitions that apply to users:
Conformist Behavior
You are required to use the Services only for the purposes intended and authorized by Courtia. Any commercial use of the Services must be explicitly approved by us.
User Obligations
You agree not to:
· Systematically extract data or content from theServices without our permission.
· Deceive, defraud, or mislead Courtia or otherusers.
· Circumvent or interfere with the securityfeatures of the Services or restrictions on content use.
· Defame, tarnish, or damage the reputation ofCourtia or the Services.
· Use information obtained from the Services toharass, abuse, or harm others.
· Submit false reports of abuse or misconduct.
· Use the Services illegally or not in accordance with applicable laws.
· Engage in unauthorized framing or linking to the Services.
Specific Prohibitions
As a user, you are prohibited from:
· Downloading or transmitting viruses, Trojans,or other harmful materials.
· Using automated methods to interact with theServices without authorization.
· Removing or altering copyright or intellectualproperty notices.
· Impersonating another user or entity.
· Engaging in activities that interfere with the operation of the Services or impose an unreasonable load on the infrastructure.
· Harassing or threatening Courtia employees or agents.
· Bypassing the access restrictions to the Services.
· Copying or modifying the Services software without authorization.
· Using unapproved automated means to access or extract data from the Services.
· Utilizing the Services for any unauthorized competitive or commercial activity.
· Transferring or selling your account or profile.
Management of User Data
Backup and Responsibility: We perform periodic backups of data to maintain the performance of the Services. You are responsible for backing up your own data and information that you communicate as part of the Services.
Disclaimer of Liability: In the event of data loss or corruption resulting from the use of the Services, you agree that Courtia will not be responsible for data loss or corruption. You thus waive anyright to claim against Courtia arising from the loss or corruption of your data.
The laws of Quebec govern these Terms and your use of the Services, without regard to conflict of law principles. Youirrevocably consent that the courts located in the province of Quebec will have exclusive jurisdiction to settle any dispute that may arise under or inrelation to these Terms or the use of the Services, and you waive any objection to the exercise of jurisdiction over you by such courts and to any argument concerning the inconvenience of the forum.
We and our directors, employees, or agents will under no circumstances be liable to you or any third party for any direct,indirect, consequential, exemplary, incidental, special or punitive damages,including but not limited to the loss of profits, lost revenue, loss of data,or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Not with standing any contrary provision in these Terms, our liability to you for any cause and regardless of the form of action will always be limited to the sum of 100 CAD.
Although access to the Services is international, we explicitly state that we expect the use of the Services to begoverned exclusively by the applicable laws in the province of Quebec, Canada,and we expect users of the Services to comply with these laws, independent of their jurisdiction of residence or access. In the event of a conflict between these Terms and the laws of your jurisdiction, the laws of Quebec will prevail.
Interruptions
We do not guarantee uninterrupted availability of the Services and may need to interrupt access for maintenance reasons or incase of unexpected failures. We reserve the right to modify or interrupt the Services without notice, and we will not be liable for any harm resulting fromsuch actions.
Corrections
The information provided on the Services may contain typographical errors or inaccuracies. We reserve the right to correct these errors, inaccuracies or omissions at any time without notice.
Disclaimer
The Services are offered "as is" and"as available." You assume all risks associated with their use. We exclude all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We donot guarantee the accuracy, completeness or reliability of the Services, and wewill not be liable for any damages that may result from your use of the Services, including direct or indirect damages, material damage, data loss, orany other form of damage.
Responsibility for Third Party Products or Services
We do not assume responsibility for products orservices offered by third parties through the Services or any other associated media. Any transaction with third party providers is at your own risk and is upto your judgment.
By using the Services, you agree to defend,indemnify, and hold harmless our platform, its subsidiaries, affiliates, aswell as our officers, agents, partners, and employees against any claim,demand, cause of action, damage, loss, liability, cost or expense, including but not limited to reasonable attorney's fees and expenses. This includes,without limitation, any claim due to or arising from your use of the Services,violation of these Legal Terms, any misrepresentation you provide, violation ofthird party rights, including intellectual property rights, or any harmful act towards another user of the Services.
We reserve the right to take over the exclusive defense and control of any matter other wise subject to indemnification by you,which does not relieve you of your indemnification obligations. You arerequired to cooperate with us in the defense of any claim and we will promptlynotify you of any claim, action or proceeding as soon as we become aware of it.You agree to cooperate at your own expense with our defense of such claims and we reserve the right to settle any matter at our discretion, and you must not settle any matter without our prior written consent.
Use of the Services may be terminated in thefollowing manner:
1. By the User
· Subscription Cancellation: You have the optionto cancel your subscription at any time. To do so, contact us using theinformation provided below. Your cancellation will be effective at the end ofyour current billing cycle.
· Account Deletion Request: For any request todelete your account or non-use of your personal information, please send anemail to contact@courtia.ca or call us at (438) 998-8843. We will process yourrequest in accordance with our privacy policy and applicable legislation.
2. By the Platform
· We reserve the right to suspend or terminate your access to the Services without notice, for any justified reason such as abreach of the terms of use, security issues, or technical constraints.
· Suspension or termination of the Services mayalso be applied generally to all users or specific categories of users if wedeem it necessary.
Consequences of Termination
· After termination, your right to use theServices ends immediately. You must be aware that this termination may resultin the deletion of all information about you from our active systems.
· We disclaim any liability to you or a thirdparty for any consequences resulting from the termination of your access to theServices.
Survival of Terms
· Certain provisions set forth in the Legal Termswill persist even after the termination of the use of the Services,particularly those concerning intellectual property, warranty exclusions,indemnification, and limitations of liability.
Duration and Additional Termination
· These Legal Terms remain in place as long asyou use the Services. We may terminate your account and any associated contentat any time and without warning, at our sole discretion. In case oftermination, you are prohibited from creating a new account under a differentname.
For any questions or concerns relating to thetermination of your subscription or the use of the Services, do not hesitate tocontact us. Your satisfaction is important to us, and we are committed toensuring the best possible experience with our Services.
Applicable Law
These Legal Terms are governed and construed inaccordance with the laws of the province of Quebec, without regard to itsconflict of law provisions. Our Services are intended to be used by residentsof Quebec, and we make no representation that the Services are appropriate or available for use in other jurisdictions.
Jurisdiction in Case of Dispute
For any litigious matter arising from or inrelation to these Legal Terms, the parties favor the jurisdiction of the courts located in the province of Quebec. Nevertheless, Courtia reserves the right, atits sole discretion, to accept that certain procedures be initiated in other jurisdictions, considering the specific circumstances of the dispute andapplicable laws. This clause does not restrict Courtia's rights to initiatelegal proceedings in any other competent jurisdiction.
Severability
If any provision of these Terms is deemed unenforceable or invalid by a competent court, such unenforceability orinvalidity will not render the entire Legal Terms unenforceable or invalid. Insuch cases, the provision will be changed to the extent necessary to render itenforceable and effective while preserving its original intent as much aspossible.
Non-Waiver
No waiver to a condition, clause or provisionof these Legal Terms will be considered as an additional or continuing waiver to such condition, clause or provision or to any other condition, clause or provision, and the failure of Courtia to assert a right or provision under these Legal Terms will not constitute a waiver of such right or provision.
For any questions or concerns regarding theseLegal Terms, our Privacy Policy, or any other topic related to our Services,please contact us at the following details:
Courtia
Email address: contact@courtia.ca
Phone number: (438) 998-8843
We are committed to responding quickly andeffectively to all inquiries. If you contact us by email, please include inyour message a detailed description of your question or concern so that we canprovide you with the most accurate assistance possible.
