Terms of Service

Last Updated: 2025-01-07

1. Acceptance of Terms

By accessing or using the Services provided by Reserve Sense ("RS," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by this User Agreement ("Agreement") and acknowledge that you have read and understood our Privacy Policy and any other referenced policies. If you do not agree with these terms, please do not access or use our Services.

2. Use of the Services

RS grants you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Agreement for internal business use.

3. User Representations

By using the Services, you represent and warrant that:

All registration information you submit is truthful and accurate.
You will maintain the accuracy of such information.
You are at least 18 years of age.
You have the legal capacity and agree to comply with this Agreement.
You will not access the Services through automated or non-human means.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.
You will agree to comply with all applicable local, provincial, national, and international laws and regulations in connection with your use of the Services.

4. User Obligations

You agree not to:

Attempt to manipulate the software to obtain free reports or services to which you are not entitled.
Engage in unauthorized collection or use of personal data of other users or clients.
Interfere with or disrupt the integrity or performance of the Services.
Upload or transmit any viruses or other malicious code.
Use the Services to harass, abuse, or harm another person.
Reverse engineer, decompile, disassemble, or attempt to discover or derive the source code of the Services.

Failure to comply with this section will be considered a material breach of this agreement and may result in suspension or termination of access at our sole discretion.

5. Intellectual Property Rights

All content, features, and functionality included in the Services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of RS or its licensors and are protected by intellectual property laws.

6. User-Provided Content

a. Ownership

You retain all rights, title, and interest in and to the content and data you provide through the Services, including reports, component lists, costing information, photos, notes, documents, and any other proprietary content ("User-Provided Content").

b. License to RS

By submitting or uploading User-Provided Content through the Services, you grant RS a non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for purposes of:

Providing and improving the Services to you and your clients.
Developing new products, services, or features that do not directly compete with your business as a report writer.
Generating industry insights, analytics, and statistical data in an aggregated and anonymized form.
Utilizing aggregated and anonymized data to publish and sell industry-related reports, summaries, and presentations.
Research and Development. We may use aggregated, anonymized versions of your User-Provided Content for research, product development, or service enhancements that do not compete with your business as a report writer. This may include, but is not limited to, the development of new methodologies, analytical tools, machine learning models, or other innovations.

c. Limitations and Protections

Confidentiality: RS will not disclose your proprietary information in a manner that specifically identifies you or your clients without your explicit consent, except as necessary to provide the Services or comply with legal obligations.

No Unauthorized Disclosure to Competitors: We will not sell, share, or disclose your proprietary data to your direct competitors in a way that would enable them to compete unfairly with you or replicate your services.

7. Use of Data

a. Provision of Services to Your Clients

We may use your User-Provided Content to provide your clients (e.g., condominiums, property managers, unit owners) with access to report data through our online platform. This enhances the value of your reports by offering interactive and accessible information.

b. Additional Offerings

We may offer additional products or services to your clients based on the data in your reports (such as Risk Summaries for Realtors), provided that such offerings do not directly compete with your services as a report writer.

For the purposes of this Agreement, "direct competition" means:

Creating or providing reserve fund studies or depreciation reports, including updates.
Using your User-Provided Content to assist other report writers or competitors in creating such reports.
Leveraging your proprietary information entered into our system to replicate or replace the services you provide to your clients.

We will not use your User-Provided Content to:

Write reports, studies, or updates that we offer directly to your clients.
Help your competitors create reports using your proprietary data.

Our goal is to complement your services, not to replace them. Any additional products or services we offer to your clients will be distinct from your report-writing services and will not utilize your proprietary content in a manner that would undermine your business as a report writer.

8. Provided Template Components

a. Nature of Templates

From time to time, we may provide you with access to a list of pre-populated components, text descriptions, expected lifespans, boilerplate text (e.g., for condition analysis, work completed, funding analysis, potential deterioration, suggested maintenance), takeoff templates (including measurement units), costing matrices, or other similar content (collectively, the “Template Components”). These Template Components are provided solely as a convenience and a starting point to assist you in creating your own work products using the Services.

b. No Substitute for Skill and Experience

The Template Components are not intended to replace your professional judgment, expertise, or skill. You are solely responsible for reviewing, editing, and updating any information you derive from the Template Components to ensure its accuracy, completeness, and suitability for your specific needs or the needs of any client or third party.

c. Disclaimer of Liability

You acknowledge and agree that Reserve Sense (“RS”) makes no representations or warranties, express or implied, as to the accuracy, reliability, or completeness of the Template Components. RS disclaims any and all liability arising from or related to your reliance on, or use of, any Template Components. You agree to release RS from any claims or causes of action related to errors, omissions, or inaccuracies in the Template Components.

d. Limited License to Use

You are granted a non-exclusive, revocable, and limited license to use the Template Components only while actively creating or generating reports using our Services. If you choose to create any reports outside of RS or through a third-party platform or service, you are not permitted to copy, duplicate, or otherwise continue to use any proprietary Template Components provided by RS. You agree that any continued use of the Template Components outside of the RS platform is prohibited unless those components were sufficiently edited or originally created by you, as outlined in Section 9 (below).

9. Use of RS Proprietary Data and Templates

a. Limited, Non-Transferable License

RS retains all rights, title, and interest in and to any proprietary data that we provide, including but not limited to cost matrices, boilerplate write-ups, component details, and template-based descriptions (“RS Proprietary Data”). You are granted a limited, non-transferable, non-exclusive license to use RS Proprietary Data solely for creating, editing, or publishing reports through our Services.

b. Prohibition on External Use

You agree not to use, copy, download, or otherwise export RS Proprietary Data for use in any reports or applications outside of the Services, except to the extent necessary to deliver final reports created through the Services to your clients. If you choose to produce a report using a platform or service that competes with or operates independently of RS, you may not use, replicate, or adapt RS Proprietary Data in that report without our prior written permission.

c. User-Created or Edited Templates

In the event you create new components or significantly modify the RS Proprietary Data so that it constitutes your own unique work product (“User-Created Templates”), you retain ownership of these User-Created Templates. If you stop using the Services, you are free to take your User-Created Templates with you, provided they do not substantially replicate RS Proprietary Data that is proprietary to RS.

d. Disclaimer of Liability for Use of RS Proprietary Data

RS makes no guarantees, representations, or warranties regarding the accuracy or completeness of any RS Proprietary Data provided as templates, cost estimates, or written descriptions. As with the Template Components described above, you acknowledge that no liability will attach to RS for your reliance on, or use of, any RS Proprietary Data.

10. Ownership of Property Data and User Permissions

a. Objective Property Data

Certain factual or objective information (e.g., property addresses, number of units, registration dates, fiscal year-end, or similar data) about a property (the “Property Data”) does not belong exclusively to you as a user. Such Property Data is typically considered the property or rightful information of the relevant condominium, property, or authorized representative (“Property Owner”). Consequently, RS may retain, display, or otherwise store such Property Data even if you, as the user who initially entered the information, delete your account or request deletion of your personal data.

b. Rights of Property Owners

By entering Property Data into the Services, you acknowledge and agree that the applicable Property Owner (or its authorized representative) may:

Access, view, and store the Property Data on or through the Services.
Retain a copy of any final reports or documentation that includes their Property Data.

c. Permission to Provide Final Reports

You grant RS the right to allow Property Owners (e.g., condominiums, property managers, unit owners) to view, store, and keep any final reports generated using the Services. This permission remains in effect even if you discontinue use of the Services or delete your account, to the extent that the Property Owner has a legitimate interest in retaining that information.

d. User’s Proprietary Data

Your own subjective or proprietary data—such as unique unit quantities (takeoffs), specialized component costing, and custom component details (collectively, “User Proprietary Data”)—remains your exclusive property. Except as explicitly authorized by you or required to provide the Services, RS will not disclose, share, or otherwise grant access to your User Proprietary Data to any third parties, including your competitors.

e. Reference to Privacy Policy

For additional information on how we handle the retention of data, including potential archiving or deletion timelines, please see our Privacy Policy.

11. Confidentiality

You agree to maintain the confidentiality of any proprietary information provided to you through the Services and not to disclose such information to any third party without our prior written consent. RS also agrees to maintain the confidentiality of your proprietary data, except as permitted under this Agreement and our Privacy Policy.

12. Fees and Payment

You agree to pay all fees associated with your use of the Services according to the billing terms in effect at the time a fee is due and payable.

13. Term and Termination

a. Term

This Agreement remains in effect while you use the Services.

b. Termination by You

You may terminate this Agreement at any time by discontinuing use of the Services and deleting your account. Upon termination, you may request the deletion of your personal data and user-generated templates. Reports and data necessary for providing Services to your clients will be retained in accordance with our Privacy Policy.

For more details on how we handle the retention of personal data and other information upon termination of your account, please refer to our Privacy Policy. The provisions of our Privacy Policy regarding data retention shall govern in the event of any inconsistency with this Agreement.

c. Termination by RS

RS may suspend or terminate your access to the Services under the following conditions:

Material Breach: If you materially breach any term of this Agreement.
Legal Requirement: If required to do so by law or in response to a legal process.
Discontinuation of Services: If RS discontinues the Services or any part thereof.

Except in cases where immediate termination is necessary (e.g., illegal activities, security risks, suspicion of severe breach), RS will provide you with reasonable notice and an opportunity to retrieve your data before termination.

d. Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. RS will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Any provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time. Where feasible, we will provide reasonable notice of significant changes. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services.

15. Governing Law

This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

16. Dispute Resolution

Any disputes arising from this Agreement or your use of the Services shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation, either party may request to proceed to mediation administered by a mutually agreed-upon mediator in British Columbia, Canada. If mediation fails, the dispute shall be resolved in the courts located in British Columbia, Canada. You waive any objections to the venue and jurisdiction in such courts.

17. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. RS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

18. Limitation of Liability

IN NO EVENT SHALL RS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF RS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Indemnification

You agree to indemnify, defend, and hold harmless RS, its affiliates, and their respective officers, agents, partners, and employees from any loss, damage, liability, claim, or demand arising out of your use of the Services or violation of this Agreement.

20. Electronic Communications

By using the Services, you consent to receive electronic communications from RS. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

21. Miscellaneous

a. Entire Agreement

This Agreement constitutes the entire agreement between you and RS. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

b. No Agency or Partnership

Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, employment relationship, or agency of any kind between you and RS. Neither party shall have any authority to bind the other in any respect, unless expressly stated otherwise in writing.

22. Contact Us

If you have any questions about this Agreement, please contact us at:

Email: info@reservesense.com
Address: 312-8678 Greenall Ave, Burnaby, BC, V5J 3M6, Canada

23. Definitions

"Services" refers to the website, platform, applications, and any services provided by RS, including but not limited to any software, APIs, databases, or proprietary information related thereto.

"User-Provided Content" means any content or data you upload, submit, or transmit to or through the Services, including but not limited to reports, component lists, component information, costing information, photos, notes, and documents.

"Template Components" means any pre-populated components, text descriptions, expected lifespans, boilerplate text, takeoff templates, costing matrices, or similar content that RS makes available to you for use in creating your own work products through the Services.

"RS Proprietary Data" means any proprietary data, cost matrices, boilerplate write-ups, component details, and template-based descriptions created, owned, or licensed by RS, which RS makes available to you for the purpose of generating or editing reports through the Services.

"User Proprietary Data" means any unique, subjective data that you create or provide in connection with the Services, such as your personalized unit quantities (takeoffs), specialized component costing, or custom component details, that are not part of RS Proprietary Data or Template Components.

"User-Created Templates" means any new components or heavily modified versions of RS Proprietary Data or Template Components that constitute your own unique work product due to substantial editing, adaptation, or original authorship on your part.

"Property Data" means factual or objective information about a property—such as addresses, number of units, registration dates, fiscal year-end, or other information—that typically belongs to or is owned by the relevant condominium, property, or authorized representative.

"Property Owner" means the legal owner or authorized representative of the real property (e.g., strata, condominium, building) to which certain Property Data pertains.

"Direct Competition" has the meaning given to it in Section 7(b) (or the relevant section) of this Agreement, generally referring to the creation of reports, studies, or services that replicate or replace your own report-writing services.