Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and StrataStation ("Company," "we," "us," or "our") concerning your access to and use of the StrataStation building management platform and any related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

2. Description of Service

StrataStation provides a comprehensive building management platform designed for strata councils, property managers, and residents in Canada. The Service includes, but is not limited to:

• Parking management and visitor registration
• Maintenance request tracking and management
• Building notices and communication tools
• Document library and records management
• Community forums and discussion boards
• Council voting and decision tracking
• Financial management and reporting tools
• Resident and unit directory management
• Amenity booking and management
• Violation tracking and enforcement tools
• Emergency communication systems
• Automated reporting and compliance tools

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use of your account
• Be at least 18 years of age to create an account

3.2 Account Restrictions

You may not:

• Create an account for anyone other than yourself without permission
• Use a username that is offensive, vulgar, or infringes on others' rights
• Share your account credentials with others
• Create multiple accounts for the same unit or person
• Use automated means to create accounts

3.3 Strata Manager Licensing

If you are a strata property manager in British Columbia, you acknowledge that you must be licensed under the Real Estate Services Act (RESA) and regulated by the BC Financial Services Authority (BCFSA). Different features may be available based on your licensing status.

4. User Responsibilities and Conduct

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including privacy and intellectual property rights
• Harass, abuse, or harm other users
• Post false, misleading, or fraudulent information
• Engage in any activity that disrupts or interferes with the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems or software to extract data from the Service
• Transmit viruses, malware, or other harmful code
• Impersonate another person or entity
• Use the Service for any commercial purposes without authorization
• Circumvent any security measures or access controls

4.2 Content Standards

Any content you post, upload, or share through the Service must:

• Be accurate and truthful
• Comply with applicable laws and regulations
• Respect the rights and dignity of others
• Not contain offensive, obscene, or inappropriate material
• Not contain personal information of others without consent
• Be relevant to building management and community matters
• Not contain hate speech, discrimination, or threats

4.3 Community Guidelines

When using community features such as forums and discussion boards, you agree to maintain professional and respectful communication, follow building-specific rules and bylaws, and report any inappropriate content or behaviour.

5. BC Strata Property Act Compliance

5.1 Compliance Support

StrataStation is designed to help strata corporations comply with the BC Strata Property Act and Strata Property Regulation. Our Service supports:

• Generation of Form B (Information Certificate) and Form F (Certificate of Payment)
• Maintenance of records according to statutory retention periods:
  • 2 years for correspondence
  • 6 years for minutes, financial records, and contracts
  • Permanent retention for strata plans, bylaws, and depreciation reports
• Meeting management and minute-taking requirements
• Financial reporting and budget preparation
• Owner and tenant register maintenance
• Document access and retrieval within statutory timelines

5.2 Data Export and Transition

Upon termination of service, we will provide all strata corporation records and data within 4 weeks as required by the Strata Property Act. Data will be provided in commonly accessible formats to ensure continuity of strata management.

5.3 Legal Disclaimer

While our Service helps facilitate compliance with the Strata Property Act, we do not provide legal advice. Strata corporations should consult with qualified legal professionals for specific legal guidance.

6. Electronic Communications (CASL Compliance)

6.1 Commercial Electronic Messages

We comply with Canada's Anti-Spam Legislation (CASL). By using our Service, you acknowledge that:

• You have provided express or implied consent to receive electronic communications
• Strata-required notices and emergency communications are exempt from CASL
• Marketing and promotional messages require your express consent
• You may unsubscribe from non-essential communications at any time

6.2 Unsubscribe Mechanism

All commercial electronic messages will include a clear and prominent unsubscribe mechanism. We will process unsubscribe requests within 10 business days. Note that you cannot unsubscribe from legally required strata communications or emergency notifications.

6.3 Consent Records

We maintain records of all consents obtained for electronic communications, including the date, time, and method of consent. These records are available for review upon request.

6.4 CASL Penalties Disclosure

Violations of CASL can result in penalties of up to $1 million per violation for individuals and $10 million per violation for organizations. We take CASL compliance seriously and expect all users to respect these requirements.

7. Subscription and Payment Terms

7.1 Subscription Plans

The Service is offered on a subscription basis with various plans available for buildings. Subscription fees are charged to the building management or strata council, not individual residents.

7.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are in Canadian dollars (CAD) unless otherwise specified
• Prices are subject to change with 30 days' notice
• Payment must be made by the due date to maintain access to the Service
• Late payments may result in service suspension or termination
• All applicable taxes will be added to the subscription fees

7.3 Refunds

Annual subscriptions may be eligible for a pro-rated refund if cancelled within the first 30 days. Monthly subscriptions are non-refundable. All refunds are at our sole discretion.

7.4 Free Trials and Promotions

We may offer free trials or promotional pricing at our discretion. Terms specific to such offers will be provided at the time of signup.

8. Service Levels and Availability

8.1 Service Availability

We strive to maintain 99.9% uptime for the Service, calculated monthly. This excludes scheduled maintenance windows, which will be announced at least 48 hours in advance when possible.

8.2 Emergency Maintenance

We reserve the right to perform emergency maintenance without prior notice to address critical security issues, prevent data loss, or restore service availability. We will notify users as soon as practicable.

8.3 Service Credits

If we fail to meet our 99.9% uptime commitment in any calendar month, eligible customers may request service credits according to our Service Level Agreement, available upon request.

8.4 Support Services

We provide technical support via email at support@stratastation.ca. Response times vary based on issue severity and subscription tier. Premium support options are available for enterprise customers.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service and its original content (excluding user-generated content), features, and functionality are owned by StrataStation and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Your Content

You retain ownership of any content you post to the Service. By posting content, you grant us a limited, non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and display your content solely for the purpose of operating and providing the Service to you and your building.

9.3 Feedback

Any feedback, suggestions, or improvements you provide regarding the Service become our property and may be used without compensation or attribution to you.

9.4 Third-Party Content

The Service may contain content from third parties. We do not endorse or assume responsibility for such content. You are responsible for ensuring you have the right to use any third-party content you upload.

10. Privacy and Data Protection

10.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

10.2 Compliance with Privacy Laws

We comply with:

• Personal Information Protection and Electronic Documents Act (PIPEDA)
• BC Personal Information Protection Act (PIPA)
• Quebec Law 25 (where applicable)
• Other applicable provincial privacy legislation

10.3 Data Residency

Your building's data is stored on servers located in Canada. A small number of specialist providers, such as application hosting, transactional email, payment processing and error monitoring, may handle limited data outside Canada in the course of delivering the Service, under contracts that hold them to the same obligations we take on. We will tell you which providers do so, and what data is involved, on request.

10.4 Data Breach Notification

In the event of a data breach that poses a real risk of significant harm, we will notify affected users and the Privacy Commissioner within 72 hours as required by PIPEDA.

10.5 Data Protection Officer

We have appointed a Data Protection Officer who can be reached at support@stratastation.ca for any privacy-related concerns or requests.

11. API and Third-Party Integrations

11.1 API Usage

If we provide API access, you agree to:

• Use APIs only for their intended purpose
• Comply with rate limits and usage restrictions
• Maintain the security of API credentials
• Not reverse engineer or attempt to derive source code
• Not use APIs to compete with our Service

11.2 Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or content of third-party services. Your use of integrated services is subject to their respective terms and privacy policies.

11.3 Data Flow and Security

When using third-party integrations, you acknowledge that data may flow between systems. We implement security measures to protect data during transfer, but you are responsible for evaluating the security of third-party services you choose to integrate.

12. Accessibility Commitment

12.1 WCAG Compliance

We are committed to making our Service accessible to users with disabilities. We strive to meet WCAG 2.0 Level AA standards as required by the Accessibility for Ontarians with Disabilities Act (AODA) and other provincial accessibility legislation.

12.2 Accommodation Requests

If you require accommodation or encounter accessibility barriers, please contact us at support@stratastation.ca. We will work with you to provide alternative access methods.

12.3 Continuous Improvement

We regularly review and improve our accessibility features. Our accessibility roadmap and current compliance status are available upon request.

13. Automated Decision-Making and AI

13.1 Transparency

Some features of our Service may use automated decision-making or artificial intelligence to provide recommendations or insights. We are transparent about when and how automated systems are used.

13.2 Human Review

You have the right to request human review of any automated decision that significantly affects you. Contact support@stratastation.ca to request manual review.

13.3 Explainability

Upon request, we will provide explanations of the logic behind automated recommendations or decisions, including the types of data used and the general decision-making process.

14. Disclaimers and Warranties

14.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected promptly
• The Service is free of viruses or harmful components
• The results obtained from the Service will be accurate or reliable

14.2 No Professional Advice

The Service is not intended to provide legal, financial, or professional advice. Always consult with qualified professionals for specific advice related to your building management needs.

14.3 Third-Party Content

We do not endorse, guarantee, or assume responsibility for any third-party content, advertisements, products, or services available through the Service.

15. Limitation of Liability

15.1 General Limitations

To the maximum extent permitted by applicable law, StrataStation and its affiliates, officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages arising from your use or inability to use the Service
• Any unauthorized access to or alteration of your data
• Any third-party content or conduct on the Service

15.2 Cap on Liability

Except for the exclusions below, our total liability shall not exceed the amount paid by your building for the Service in the 12 months preceding the claim.

15.3 Exclusions

The limitations above do not apply to:

• Gross negligence or willful misconduct
• Breach of confidentiality obligations
• Data breaches caused by our negligence
• Violations of applicable privacy laws
• Death or personal injury caused by our negligence

15.4 Insurance

We maintain cyber liability insurance and errors & omissions insurance. Details of our coverage are available to enterprise customers upon request.

16. Indemnification

16.1 Your Indemnification

You agree to indemnify, defend, and hold harmless StrataStation and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content posted on the Service
• Your violation of any applicable laws or regulations

16.2 Our Indemnification

We will indemnify and defend you against third-party claims alleging that the Service infringes any Canadian patent, copyright, or trademark, provided you promptly notify us of the claim and cooperate with our defence.

17. Termination

17.1 Termination by You

Individual users may close their accounts at any time through account settings. Building subscriptions may be cancelled with 30 days' written notice for monthly plans or 60 days' notice for annual plans.

17.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach these Terms
• Your building's subscription payment is overdue by 30 days
• You engage in fraudulent or illegal activities
• We are required to do so by law
• We discontinue the Service (with 90 days' notice)

17.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We will provide data export within 4 weeks per Strata Property Act requirements
• Data may be deleted after 60 days unless legally required to retain
• Provisions that by nature should survive will continue to apply

17.4 Transition Assistance

For enterprise customers, we offer paid transition assistance services to ensure smooth migration to alternative solutions.

18. Dispute Resolution

18.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally. Most disputes can be resolved through good-faith negotiations within 30 days.

18.2 Formal Proceedings

For business-to-business disputes, parties may mutually agree to binding arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada.

18.3 Jurisdiction

Any legal action shall be brought in the courts of British Columbia, except for privacy matters which may be brought before the Federal Court of Canada or applicable privacy commissioners.

18.4 Small Claims

Nothing in these Terms prevents you from bringing claims in British Columbia small claims court if your claims qualify.

19. Emergency and Security Procedures

19.1 Emergency Communications

The Service includes emergency notification features. You acknowledge that we are not responsible for the delivery of emergency communications during Service outages. Buildings should maintain alternative emergency communication methods.

19.2 Security Incidents

If you discover a security vulnerability, please report it immediately to support@stratastation.ca. We maintain a responsible disclosure program and may provide recognition for significant findings.

19.3 Critical Updates

We may deploy critical security updates without notice to protect the Service and user data. We will notify users of any impacts as soon as practicable.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

21. Changes to Terms

21.1 Notification

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on the Service
• Updating the "Last Updated" date
• Sending notice through the Service dashboard
• Email notification for material changes (30 days in advance)

21.2 Acceptance

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you disagree with the changes, you must stop using the Service.

21.3 Version History

Previous versions of these Terms are available upon request for reference purposes.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement (where applicable), and any other agreements expressly incorporated by reference, constitute the entire agreement between you and StrataStation regarding the Service.

22.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

22.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative.

22.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction, provided it does not materially affect your rights.

22.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, quarantine restrictions, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

22.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and StrataStation.

22.7 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of any discrepancy.

22.8 Notices

Legal notices to us must be sent to support@stratastation.ca or by registered mail to our address. Notices to you will be sent to the email address associated with your account or building subscription.

23. Beta Features and Innovation

23.1 Beta Services

We may offer beta features or services for testing and feedback. Beta features are provided "as is" without warranties and may be discontinued at any time. Your use of beta features is voluntary.

23.2 Feedback on Beta Features

Feedback provided on beta features becomes our property and may be used to improve the Service without compensation to you.

24. Contact Information

For questions about these Terms of Service, please contact us at:

Acknowledgment