Terms of Service

1. Acceptance of Terms

Welcome to LeaseWit. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and LeaseWit (“Company,” “we,” “us,” or “our”) governing your access to and use of the LeaseWit website, mobile applications, and services (collectively, the “Service”).

By accessing or using our Service, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age, or the age of majority in your province or territory of residence, whichever is greater;
• Be a resident of Canada;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Service under applicable Canadian law.

By using the Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Service Description

LeaseWit is a software-as-a-service (SaaS) platform designed to help Canadian renters document the condition of rental properties. Our Service includes:

• Property Management: Create and manage records of rental properties;
• Inspection Documentation: Capture timestamped photos of property conditions during move-in, move-out, or routine inspections;
• PDF Report Generation: Generate professional inspection reports with photos and timestamps;
• Move-in vs Move-out Comparison: Compare property condition at different points in time (Premium feature);
• Province-Specific Information: Access general information about residential tenancy legislation in your province (for educational purposes only).

3.1 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

4. Account Registration

4.1 Account Creation

To access certain features of the Service, you must create an account. You may register using your email address and password, or through Google OAuth authentication.

4.2 Account Responsibilities

You are responsible for:

• Providing accurate, current, and complete information during registration;
• Maintaining the confidentiality of your account credentials;
• All activities that occur under your account;
• Notifying us immediately of any unauthorized use of your account.

4.3 Account Security

You must not share your account credentials with others. We are not liable for any loss or damage arising from your failure to protect your account information.

5. Subscriptions & Payments

5.1 Subscription Tiers

LeaseWit offers the following subscription options:

5.2 Payment Processing

All payments are processed securely through Stripe, a PCI-DSS compliant payment processor. We do not store your complete payment card information on our servers. All prices are in Canadian Dollars (CAD) and include applicable taxes where required.

5.3 Automatic Renewal

IMPORTANT: Premium subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled. You will be charged the then-current subscription rate. You may cancel auto-renewal at any time through your account settings or the Stripe Customer Portal.

5.4 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days' notice of any price increase. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Refunds & Cancellations

6.1 Money-Back Guarantee

First-time Premium subscribers are eligible for a full refund within 7 days of their initial subscription purchase, no questions asked.

6.2 Annual Subscription Refunds

Annual subscribers who cancel within 30 days of purchase may receive a pro-rated refund for the unused portion of their subscription.

6.3 Monthly Subscription Refunds

Monthly subscriptions are non-refundable for partial months. Upon cancellation, you will retain access until the end of your current billing period.

6.4 How to Request a Refund

To request a refund, contact us at support@leasewit.ca with your account email and reason for the request. Refunds are processed through Stripe and typically appear within 5-10 business days.

6.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. After cancellation, your account will be downgraded to the Free tier.

7. Acceptable Use Policy

When using our Service, you agree NOT to:

• Violate any applicable federal, provincial, or local laws or regulations;
• Upload, transmit, or store content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party;
• Upload photos of properties you do not have a lawful right to document;
• Misrepresent your identity, affiliation, or the authenticity of any content;
• Use the Service to create false or misleading documentation;
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems;
• Use automated scripts, bots, or other means to access the Service without our express permission;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Use the Service for any commercial purpose not expressly permitted by these Terms;
• Circumvent or disable any security or access control measures.

7.1 Consequences of Violations

Violation of this Acceptable Use Policy may result in immediate termination of your account without notice, forfeiture of any prepaid fees, and potential legal action.

8. User Content

8.1 Your Content

“User Content” includes all photos, notes, property information, and other materials you upload, submit, or create through the Service. You retain ownership of your User Content.

8.2 License to LeaseWit

By uploading User Content, you grant LeaseWit a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely for the purpose of providing and improving the Service. This license continues only as long as your content remains on our Service.

8.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to upload your User Content and that it does not violate any third party's rights.

8.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, features, functionality, content, trademarks, and all related intellectual property rights, is owned by LeaseWit and protected by Canadian and international copyright, trademark, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.

9.3 Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works of the Service or any of its content without our express written permission.

10. Disclaimers

10.3 Accuracy of Information

Province-specific legal information provided through the Service is for general guidance only and may not reflect the most current legislation. Laws change frequently, and you should verify current requirements with official sources such as provincial landlord-tenant boards or legal professionals.

10.4 “As Is” and “As Available”

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.5 Third-Party Services

We use third-party services for payments (Stripe), authentication (Google OAuth), data storage (Supabase), and email (Resend). Your use of the Service is also subject to the terms and privacy policies of these third-party providers.

11. Limitation of Liability

12. Indemnification

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

• Your use of the Service;
• Your User Content;
• Your violation of these Terms;
• Your violation of any rights of another party;
• Any dispute between you and a landlord, property manager, or other third party.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@leasewit.ca or through your account settings.

13.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

13.3 Effect of Termination

Upon termination, you may request a copy of your User Content within 30 days. After this period, we may delete your data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@leasewit.ca to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

14.2 Small Claims Court

Either party may bring a claim in small claims court in the province of your residence if the claim qualifies for small claims jurisdiction.

14.3 Arbitration

If informal resolution fails and the dispute does not qualify for small claims court, the dispute shall be resolved by binding arbitration administered by the ADR Institute of Canada or a similar body in accordance with its rules. The arbitration shall take place in your province of residence (or remotely, if available), and the decision of the arbitrator shall be final and binding.

14.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of your province of residence in Canada, without regard to conflict of law principles. For residents of Quebec, this agreement is governed by the laws of Quebec and the federal laws of Canada applicable therein.

The courts of your province of residence shall have exclusive jurisdiction over any disputes arising from these Terms, subject to the dispute resolution provisions above.

16. Modifications to Terms

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

• Posting the updated Terms on our website with a new “Last Updated” date;
• Sending an email notification to the address associated with your account;
• Displaying a notice within the Service.

Material changes will take effect 30 days after notice, unless a longer period is required by law. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription in accordance with Section 6.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and LeaseWit regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

LeaseWit shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

17.7 Language

These Terms are written in English. Any translation is provided for convenience only, and the English version shall prevail in case of conflict. For Quebec residents, you acknowledge that you have requested that these Terms be drawn up in English. Vous reconnaissez avoir demandé que les présentes conditions soient rédigées en anglais.

18. Contact Information

If you have any questions about these Terms, please contact us: