WelcomeSpaces Technologies Inc.
1. Purpose and Scope
These terms govern the User's use of the service features offered by WelcomeSpaces Technologies Inc. ("WelcomeSpaces"), including:
- Creating Comparative Market Analyses ("CMA")
- Generating other real estate and financial reports
- Processing data from third-party platforms and systems
These terms are an integral part of the WelcomeSpaces General Terms of Service and prevail over any conflicting provisions regarding the use of data and third-party platforms.
2. Acceptance of Terms of Use
By creating an account, accessing the service, or clicking a button labeled "I Accept", "I Understand" or any similar wording, the User expressly acknowledges:
- Having read, understood and accepted these Terms of Use in their entirety
- That these Terms constitute a legally binding contract between WelcomeSpaces and the User
- That they are authorized to bind, where applicable, the organization on whose behalf they use the service (office, agency, real estate or mortgage broker, brokerage company, etc.)
The User also acknowledges that they must reiterate this acceptance, by means of a checkbox or distinct acceptance click, before activating certain sensitive service features, particularly any feature for retrieving or automated processing of data from third-party platforms.
3. Definitions
For purposes of these terms, the following terms have the meanings indicated below:
- "Service": all applications, modules, interfaces, features and tools provided by WelcomeSpaces, including CMA features and report generation.
- "User": any natural or legal person who creates an account or accesses the Service, or any person acting on their behalf.
- "Third-Party Platforms": any third-party website, software, service, database or system, including Centris®, Matrix®, other MLS systems, CRMs, transaction management systems, or any other external tool used by the User.
- "User Content": any data, content or information provided to the Service by the User or on their behalf, whether or not from a Third-Party Platform.
- "Account": the personal or organizational space allowing the User to access the Service.
4. General Use of Service
The User agrees to use the Service solely within the scope of their lawful professional practice, in compliance with applicable laws and regulations, and in accordance with these Terms.
WelcomeSpaces provides a technological tool to assist with analysis, organization and presentation of information. The Service does not constitute legal, tax or professional advice, nor a substitute for the User's ethical and regulatory obligations.
5. Use of Data and Third-Party Platforms
The Service allows the User to create CMAs and other reports from data they select and provide. The User acknowledges that some of this data may come from Third-Party Platforms, including MLS systems (e.g., Centris®, Matrix®), CRMs or internal client management systems, and other software tools.
WelcomeSpaces is not affiliated with, endorsed by, or mandated by these Third-Party Platforms, and has no control over their content, usage rules, or privacy policies.
The User remains solely responsible at all times for access to Third-Party Platforms, selecting which platforms to connect to, and compliance with applicable terms and rules.
6. Data Provided by User (User Content)
The User is solely and entirely responsible for selecting, collecting and transmitting any User Content to the Service. The User represents and warrants that they have all necessary rights, authorizations and consents to access, use, and transmit User Content to WelcomeSpaces for processing by the Service.
WelcomeSpaces acts solely as a technology service provider for processing User Content, not as publisher or provider of such content. WelcomeSpaces assumes no responsibility for the legality, compliance, accuracy, timeliness or origin of User Content.
7. Compliance with Third-Party Platform Terms
The User agrees to use the Service only in a manner compliant with applicable laws, professional and ethical rules, and terms of use applicable to each Third-Party Platform they use. It is the User's sole responsibility to verify whether a platform's terms allow them to access, use, and transmit data to WelcomeSpaces.
In case of conflict between these Terms and a Third-Party Platform's terms, the User must prioritize compliance with the Third-Party Platform's terms with respect to such data.
8. Prohibited Uses of Service
The User is strictly prohibited from using the Service to:
- Circumvent or attempt to circumvent mechanisms implemented by a Third-Party Platform to govern access to its data
- Automate any systematic collection or extraction of content from unauthorized sources
- Reproduce, redistribute, resell, or publicly display content from a Third-Party Platform in an unauthorized manner
- Use the Service in a manner that would result in WelcomeSpaces bearing responsibility for violation of a Third-Party Platform's terms
WelcomeSpaces reserves the right to immediately suspend, limit or disable access for any User whose use appears to violate these Terms, without prior notice or compensation.
9. Indemnification
The User agrees to indemnify, defend and hold harmless WelcomeSpaces, its affiliates, and their respective directors, officers, employees and representatives, from any claim, action, liability, damage, cost or expense arising from the User's use of the Service in violation of these Terms, misuse of Third-Party Platform data, or any violation of applicable laws.
This indemnification obligation survives termination of these Terms.
10. Limitation of Liability
To the fullest extent permitted by law, WelcomeSpaces shall not be liable for any damages resulting from decisions by Third-Party Platforms to restrict access, modifications to their terms or APIs, disputes between the User and Third-Party Platforms, or interruptions to Third-Party Platform services.
The User acknowledges that access to Third-Party Platforms and use of their data is entirely at their own risk.
11. Modifications
WelcomeSpaces reserves the right to modify these terms at any time. Any substantial modification will be notified to the User by appropriate means. Continued use of the Service constitutes acceptance of modified Terms.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the province of Quebec and the federal laws of Canada. Any dispute shall be subject to the exclusive jurisdiction of the courts in the judicial district of Montreal (Quebec), unless a mandatory provision requires another jurisdiction.
