Terms of Use

These Terms of Use (these "Terms") form a binding agreement between you and Gesimo, the operator of the Gesimo property management platform available at app.gesimo.ca and gesimo.ca (the "Service").

By creating an account, subscribing to a plan, or using the Service in any other way, you agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Service.

Gesimo helps independent landlords, property management firms and the owners they represent manage residential properties, units, leases, rent tracking, maintenance requests, messages and rental listings.

Please note the following about the scope of the Service:

• The Service is a management and record-keeping tool. Rent and other payments between landlords and renters are arranged and completed outside the Service; the Service records their status and amounts for tracking purposes and does not process, hold or transfer those payments.
• Subscription fees for the Service are billed through our payment service provider.
• Gesimo is not a party to any lease and is not a real estate brokerage. Where a management firm uses the Service on behalf of an owner, that relationship exists solely between the firm and the owner.

You may use the Service only if you are at least 18 years old, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding contract.

You agree to provide accurate, current and complete information when you register, and to keep it up to date.

You are responsible for keeping your login credentials confidential and for all activity carried out through your account. If you become aware of any unauthorized use of your account, you must notify us promptly at the email address below.

We may require additional verification (such as confirming your identity or resetting your password) to protect your account.

When using the Service, you agree that you will not:

• use the Service for any unlawful purpose or in violation of any applicable law, including housing, privacy and anti-discrimination laws;
• enter, upload or share content that you do not have the right or authority to use, or that infringes the rights of any person;
• gain unauthorized access to the Service or to other accounts, or scrape, reverse engineer, decompile or attempt to extract the source code of the Service;
• interfere with or disrupt the integrity or performance of the Service, including by introducing malware or overloading it;
• use the messaging, reminder or invitation features to send spam or misleading communications; or
• misrepresent your authority over any property, unit or lease.

"Your content" means the data, documents and other material that you enter, upload or generate in the Service, including property details, lease documents and renter information.

You retain ownership of your content. You grant Gesimo a limited, non-exclusive licence to host, copy, process and display your content, within the Service and to your linked accounts, solely as needed to operate and provide the Service.

You are solely responsible for your content, including its accuracy and lawfulness. In particular, you confirm that you have the necessary rights and consents to enter renters’ personal information in the Service, as further described in our Privacy Policy, and that you comply with the residential tenancy laws applicable to your properties.

If you use the Service as a management firm, you represent that you hold the necessary mandates and authority from the owners you represent.

Renters access the Service through an invitation from a property owner or management firm. Renters’ access is tied to their active lease: when a lease ends or is terminated, platform access may be removed.

By accepting an invitation, renters agree that information about their lease, payments and requests will be shared with the owner or management firm that invited them, as described in our Privacy Policy.

The plans, features and prices for the Service are shown on our pricing page. Subscription fees are billed on a recurring basis (monthly or yearly) through our payment service provider, plus applicable taxes, and renew automatically until cancelled.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. Unless required by law, fees already paid are non-refundable.

We may change our plans or prices. Any change to the price of your subscription will be communicated to you in advance of its next renewal.

The Service relies on third-party providers, including cloud hosting, payment processing (Stripe) and email delivery. Your use of those providers may also be subject to their own terms, and we are not responsible for their services.

The Service, including its software, design, text and branding, is owned by Gesimo and its licensors. These Terms give you a limited right to use the Service for its intended purpose, and no other licence or interest is granted, whether by implication or otherwise.

You may not use the Gesimo name or branding without our prior written consent, except to refer to the Service in a descriptive way.

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, to the maximum extent permitted by applicable law. We do not promise that the Service will be uninterrupted or error-free.

The Service is a record-keeping and organization tool. It does not provide legal, tax, accounting or professional property management advice, and you are responsible for the content of any document you create, upload or store in it. Automated reminders and notifications are provided as a convenience, and we cannot guarantee the delivery timing of third-party communications such as email.

To the maximum extent permitted by applicable law, Gesimo will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, goodwill or data, arising out of or in connection with the Service.

Our total aggregate liability for all claims arising out of or relating to the Service will not exceed the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that may not lawfully be excluded or limited, including liability for willful misconduct, gross negligence or bodily injury caused by our fault.

You will indemnify and hold Gesimo harmless from any claim, demand, loss or expense (including reasonable legal fees) arising from your content, your breach of these Terms, or your violation of any applicable law, including claims by renters relating to information you entered in the Service.

You may stop using the Service and close your account at any time, subject to the cancellation terms in these Terms.

We may suspend or terminate your access to the Service if you breach these Terms, fail to pay applicable fees, create a legal risk for us or our users, or if we discontinue the Service or a material part of it. Where circumstances permit, we will give you reasonable notice.

Upon termination, your access ends and your personal information is handled in accordance with our Privacy Policy. Sections that by their nature should survive termination, including these Terms’ disclaimers, limitation of liability and indemnification provisions, will survive.

We may add, modify or remove features of the Service, and we may update these Terms from time to time. The date at the top of this page shows when they were last updated.

If a change to these Terms is significant, we will notify you by email or through the Service before it takes effect. If you continue to use the Service after a change takes effect, you accept the updated Terms; if you do not agree, you may cancel your subscription.

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws rules.

Before starting a court proceeding, the parties agree to try in good faith to resolve the dispute directly. Any proceeding will be brought before the competent courts sitting in the province of Quebec.

If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in effect.

We may assign these Terms, including in connection with a merger, acquisition or sale of assets. You may not assign them without our prior written consent.

Our failure to enforce a provision is not a waiver of that provision or of any other. These Terms, together with our Privacy Policy, are the entire agreement between you and Gesimo regarding the Service.

The French and English versions of these Terms are provided for your convenience and are equally authoritative.