TERMS AND CONDITIONS OF USE

Last Updated: October 11th, 2025

IMPORTANT: THESE TERMS AND CONDITIONS (“TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“OWNER” or “USER”) AND ALFORIS REAL ESTATE (“ALFORIS,” “WE,” “US,” OR “OUR”). BY ACCESSING OR USING ANY PART OF THE ALFORIS WEBSITE, PLATFORM, SERVICES, OR MATERIALS (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms apply to all users, visitors, landlords, companies, contractors, and any party accessing or using the Services, whether or not they have executed a separate written agreement with Alforis.

If a separate Property Operations/Management Agreement (the “Management Agreement”) is executed, these Terms apply in addition to that agreement. In the event of a conflict between these Terms and the Management Agreement, the Management Agreement shall govern ONLY with respect to the scope of Services described therein. These Terms govern all other uses of the website, platform, and general relationship between the parties.

1. ACCEPTANCE OF TERMS

1.1 By accessing or using the Services, creating an account, clicking “I Accept,” or continuing to use the Services after updates, you agree to be bound by these Terms.
1.2 These Terms apply to all use of the Services, including before, during, or after any formal engagement with Alforis.
1.3 If you do not agree, you must cease use immediately.

2. MODIFICATION OF TERMS

2.1 Alforis may update or modify these Terms at any time, with or without notice.
2.2 Changes are effective upon posting to the website or platform.
2.3 Continued use constitutes acceptance of the modified Terms.
2.4 It is the Owner’s responsibility to review Terms regularly.

3. NO LICENSED PROPERTY MANAGEMENT / NO FIDUCIARY DUTY

3.1 Alforis is not a licensed property management company, real estate brokerage, legal advisor, trustee, or fiduciary.
3.2 All landlord duties— including rent collection, deposit handling, trust account compliance, lease execution, and legal compliance— remain solely with Owner.
3.3 Nothing in the Services creates a fiduciary, agency, or trustee relationship. All duties of Alforis are contractual only.
3.4 Owner is solely responsible for compliance with landlord/tenant laws, licensing, taxes, safety, and all other legal obligations.

4. USE OF SERVICES

4.1 You may use the Services only for lawful purposes and in accordance with these Terms.
4.2 You agree not to:
(a) provide false or misleading information;
(b) interfere with the functioning of the platform;
(c) copy, modify, reverse engineer, or resell any part of the Services;
(d) use the Services for any unlawful or unauthorized purpose.

4.3 Alforis may restrict, suspend, or terminate access at any time for any reason, including but not limited to breach, misuse, security concerns, abusive behavior, or risk to Alforis.

5. ACCOUNT SECURITY

5.1 If an account is created, Owner is responsible for maintaining the confidentiality of login credentials.
5.2 All activity under the account is deemed authorized by the Owner.
5.3 Alforis is not liable for unauthorized access resulting from Owner’s failure to safeguard credentials.

6. PAYMENTS & BILLING (STRIPE)

6.1 By providing a payment method, Owner authorizes Alforis to automatically charge all fees, disbursements, and other amounts due, via Stripe or any successor payment processor.
6.2 All charges are final, non-refundable, and non-disputable, except in cases of proven fraud.
6.3 Owner waives all chargeback rights unless fraud by Alforis is established.
6.4 Alforis reserves the right to change fees, billing dates, or payment methods with notice.
6.5 Late or declined payments may incur service charges, interest, suspension of services, or termination.

7. SERVICE MODIFICATIONS AND AVAILABILITY

7.1 Alforis may modify, add, remove, or discontinue any aspect of the Services at any time without liability.
7.2 Alforis does not guarantee uninterrupted access, uptime, or performance.
7.3 Alforis is not responsible for delays, failures, or downtime caused by third parties, technical issues, maintenance, or force majeure events.

8. DISCLAIMERS (NO GUARANTEES)

8.1 THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
8.2 ALFORIS DOES NOT GUARANTEE:
(a) rent collection or tenant performance;
(b) occupancy levels or profitability;
(c) legal compliance by Owner;
(d) accuracy of third-party information;
(e) uninterrupted or error-free access.
8.3 ALFORIS PROVIDES NO LEGAL, TAX, FINANCIAL, OR ACCOUNTING ADVICE. OWNER MUST CONSULT INDEPENDENT PROFESSIONALS.

9. LIMITATION OF LIABILITY

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALFORIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR LOST PROFITS DAMAGES.
9.2 ALFORIS’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF:
(a) TOTAL FEES PAID TO ALFORIS IN THE PRECEDING TWELVE (12) MONTHS; OR
(b) CAD $5,000.
9.3 THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF ALFORIS WAS ADVISED OF THE POSSIBILITY OF DAMAGES.

10. INDEMNIFICATION

Owner shall indemnify, defend, and hold harmless Alforis, its officers, employees, affiliates, and contractors from and against any and all claims, demands, actions, liabilities, losses, costs, fines, penalties, expenses, and damages (including legal fees) arising out of or related to:
(a) Owner’s properties, tenants, vendors, or contractors;
(b) Owner’s breach of these Terms or any agreement;
(c) Owner’s violation of laws or regulations;
(d) personal injury, death, or property damage at any property;
(e) any act, omission, misrepresentation, or negligence by Owner;
(f) disputes between Owner and third parties.

This obligation survives termination.

11. INTELLECTUAL PROPERTY

11.1 All content, systems, software, documents, templates, branding, processes, workflows, and intellectual property provided by or developed by Alforis remain the sole property of Alforis.
11.2 Owner receives a limited, revocable, non-transferable license to use such materials only for Services during the active term.
11.3 Owner shall not copy, reproduce, distribute, modify, reverse-engineer, sublicense, or create derivative works.

12. CONFIDENTIALITY

12.1 “Confidential Information” includes all non-public information disclosed by either party.
12.2 Owner shall keep Alforis’ Confidential Information strictly confidential and use it only as necessary to receive the Services.
12.3 Owner shall not disclose or allow access to any third party without Alforis’ written consent.
12.4 Confidentiality obligations survive termination.

13. NON-SOLICITATION / NON-INTERFERENCE

Owner shall not, directly or indirectly:
(a) hire, solicit, or attempt to hire any employee or contractor of Alforis;
(b) interfere with any contractual or business relationships of Alforis.
This restriction applies during the term and for 24 months thereafter.

14. NON-DISPARAGEMENT

Owner shall not, directly or indirectly, make or publish any negative, false, misleading, defamatory, or disparaging statements about Alforis, online or offline. Violations entitle Alforis to injunctive relief and damages.

15. PRIVACY POLICY

Alforis is committed to protecting personal information. This Privacy Policy explains how data is collected, used, and protected.

15.1 Information We Collect

We may collect:

• Personal information (name, email, phone)

• Property details

• Tenant information (provided by Owner)

• Communication records

• Usage data (website, platform activity)

• Payment information (processed via Stripe – not stored by Alforis)

• Technical data (IP address, browser, device)

15.2 How We Use Information

We use information to:

• Provide and improve Services

• Coordinate vendors and maintenance

• Communicate with Owner and tenants

• Process payments

• Generate anonymized analytics

• Comply with legal obligations

• Enforce agreements and protect rights

15.3 Sharing of Information

We may share information with:

• Contractors, vendors, and service providers

• Stripe or other payment processors

• Legal authorities when required

• Professional advisors (legal, financial)

• Affiliates or successors (including in mergers or acquisitions)

15.4 Data Ownership & Aggregation

• Owner maintains ownership of property-specific data.

• Alforis owns all aggregated, anonymized data and may use it for any business purpose.

• Owner grants Alforis an irrevocable, royalty-free license to use, store, reproduce, and analyze data as needed to provide Services.

15.5 Data Security

We use commercially reasonable safeguards, but no system is completely secure. We are not liable for unauthorized access, hacking, breaches, or events beyond our reasonable control.

15.6 Data Retention

We retain data as long as necessary for business or legal purposes. We may delete data at our discretion. After termination, we may retain certain data to comply with law or defend legal claims.

15.7 Access & Correction

Owner may request access to or correction of personal data, subject to verification. We may deny requests when necessary for security, legal compliance, or internal business purposes.

15.8 Cookies & Tracking

The Services may use cookies, pixels, or tracking technologies. By using the Services, Owner consents to such use.

15.9 Marketing Communications

Owner consents to receiving emails, SMS, and other messages from Alforis. Owner may opt out of marketing messages, but transactional communications will continue.

15.10 Third-Party Links

The Services may contain links to third-party sites. Alforis is not responsible for their content or privacy practices.

15.11 Compliance with Laws

We comply with applicable Canadian privacy laws, including PIPEDA. By using the Services, Owner consents to the transfer and processing of data in Canada or other jurisdictions.

16. THIRD-PARTY SERVICES & VENDORS

Alforis may use third-party services or contractors. Alforis is not responsible for:
(a) their actions, omissions, or defaults;
(b) quality or timeliness of their work;
(c) disputes between Owner and any vendor.
All vendor-related issues must be resolved directly between Owner and vendor.

17. FORCE MAJEURE

Alforis is not liable for delays or failures caused by events beyond its control, including natural disasters, pandemics, labor disputes, technical failures, power outages, cyberattacks, or government actions.

18. SUSPENSION AND TERMINATION

18.1 Alforis may suspend or terminate access to the Services at any time, with or without cause, including for breach, non-payment, or risk to reputation or legal compliance.
18.2 Owner remains liable for all accrued fees.
18.3 No refunds will be issued.
18.4 Alforis may delete Owner data after termination, except as required by law.

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1 These Terms are governed by the laws of the Province of Alberta.
19.2 Any dispute shall first be resolved through good-faith negotiation.
19.3 If unresolved, disputes shall be submitted to private mediation in Calgary, Alberta.
19.4 If mediation fails, disputes shall be resolved by binding arbitration in Calgary, Alberta under the Arbitration Act (Alberta).
19.5 If arbitration is unenforceable, disputes shall be resolved exclusively in the courts of Alberta.
19.6 CLASS ACTION WAIVER: OWNER AGREES THAT ALL CLAIMS SHALL BE BROUGHT INDIVIDUALLY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
19.7 JURY TRIAL WAIVER (if applicable): Owner waives any right to a jury trial.

20. SEVERABILITY

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force. Any invalid clause shall be replaced with a valid provision that most closely reflects the original intent.

21. NO WAIVER

Failure by Alforis to enforce any provision shall not be deemed a waiver of future enforcement.

22. ASSIGNMENT

Alforis may assign or subcontract any or all of its rights and obligations at any time without notice. Owner may not assign or transfer any rights or obligations without written consent from Alforis.

23. HEADINGS

Headings are for convenience only and do not affect interpretation.

24. SURVIVAL

The following sections survive termination of these Terms: Payment, IP, Confidentiality, Non-Solicitation, Non-Disparagement, Privacy, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, and any other provision that by its nature should survive.

25. PRECEDENCE

In the event of a conflict between these Terms and the Management Agreement:
(a) The Management Agreement governs the scope of Services and fee obligations.
(b) These Terms govern all platform use, website use, policies, general obligations, and legal protections.
Both documents are intended to work together to protect Alforis.

26. CONTACT

For questions or notices, contact:
Alforis Real Estate
Email: [email protected]
(Email shall suffice for formal notice.)

27. ACKNOWLEDGMENT

BY CONTINUING TO ACCESS OR USE THE SERVICES, OWNER CONFIRMS THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE INTEGRATED PRIVACY POLICY, WITHOUT LIMITATION OR QUALIFICATION.

END OF TERMS AND CONDITIONS