Boss Agent by Casalova is a mobile real estate lead generation and CRM platform provided and made available by Casalova Inc. (“Casalova”, “we”,“us”or “our”) through a mobile application (the “Platform”).
- THE PLATFORM
The Platform is a real estate platform that connects licensed real estate agents (each an “Agent”) with people seeking to rent or buy properties listed on Casalova.com (each a “Client”). The Platform allows Agents to grow their business with leads and to manage their client relationships. The Platform allows Clients to connect with nearby Agents.
- PROVISION OF THE PLATFORM
You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PLATFORM IS A TECHNOLOGY PLATFORM THAT ALLOWS AGENTS TO CONNECT WITH CLIENTS SEEKING TO RENT OR BUY PROPERTIES. YOU UNDERSTAND AND AGREE THAT CASALOVA DOES NOT BROKER REAL ESTATE TRANSACTIONS. CASALOVA IS NOT A PARTY TO ANY REAL ESTATE TRANSACTION OR REAL ESTATE AGREEMENT ENTERED INTO BETWEEN USERS. CASALOVA DOES NOT ENTER INTO ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP WITH YOU SOLELY BY YOUR USE OF THE PLATFORM.
CASALOVA DOES NOT PROVIDE REAL ESTATE BROKERAGE, LEGAL, FINANCIAL, TAX OR ACCOUNTING ADVICE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CASALOVA IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN FROM AGENTS OR OTHER USERS ON THE PLATFORM. YOU ARE ADVISED TO CONSULT A QUALIFIED PROFESSIONAL BEFORE ACTING ON ANY INFORMATION.
- NO GUARANTEE
CASALOVA DOES NOT GUARANTEE OR WARRANT THE CONDUCT OF ANY USER OF THE PLATFORM. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO AN AGENT, CLIENT OR THIRD-PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. CASALOVA DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER USERS. YOU AGREE THAT YOU ARE ENTIRELY RESPONSIBLE FOR THE ENTIRE RISKS ARISING FROM YOUR USE OF THE PLATFORM. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS IN YOUR INTERACTIONS WITH USERS AND THIRD PARTIES WHEN USING THE PLATFORM.
If you are creating an Account(s) on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the Account and that you have shared all user names, passwords and access credentials with other authorized representatives of the company
- Account ConfidentialityYou are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account.
- Account Termination and Cancellation
We may terminate, suspend or otherwise restrict or prohibit your access to and use of your Account or the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
You have the right to close your Account at any time once all obligations associated with the Account have been completed. Please see Section 20, Termination and Cancellation, for more details.
You acknowledge and agree that if we disable access to your Account, you may be prevented from accessing the Platform.
- Account Confidentiality
- USE OF THE PLATFORM BY YOU
Your use of the Platform is subject to all applicable local, provincial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below) or any of our products and services for any purpose.
You represent and warrant that you will not:
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
- promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
- upload, post or otherwise make available any material that contains viruses, malware or other malicious software
- upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
- engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
- engage in any activity that attempts to extract any proprietary software used to maintain the Platform;
- track, trace or harvest any information on the Platform or any other person who visits the Platform; or
- sell or otherwise monetize the Platform without our consent.
- USE OF THE PLATFORM THROUGH MOBILE DEVICES
You may access and use the Platform through a mobile device, including through a mobile application. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.
- USER CONTENT
We may permit you to submit, post, upload, publish or otherwise provide content, information, images, audio and video content, comments, feedback and materials (collectively, “User Content") to the Platform. You retain ownership rights in or to your User Content. By submitting User Content to the Platform, you grant Casalova and its affiliates a perpetual, non-exclusive, royalty-free, transferrable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, and publish the User Content for any purpose, without any further consent, notice and/or compensation to you or others.
You further grant Casalova and its affiliates a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual licence to create aggregated, anonymized and de-identified User Content (“Aggregated Data”) and to use, store, display, modify, distribute and publish such Aggregated Data, and all modifications thereto and derivatives thereof (“Derivative Data”), for any purpose, including, without limitation, to improve the Platform, conduct research, develop new products and services and understand usage and for predictive analytics and insights. Casalova shall own all Derivative Data and may transfer or assign any of its rights in the Derivative Data to any third party.
You agree and understand that any User Content you post or provide may be viewed by certain registered users on the Platform and will not be treated as private, proprietary or confidential.
You are solely responsible for the User Content that you make available through the Platform and you represent and warrant that (i) you own or have all necessary rights to use the User Content and grant to us the rights granted above; (ii) the provision of the User Content will not infringe or violate any patent, copyright, trade-mark, or other intellectual property right of any third party; (iii) and the User Content does not violate any applicable law or regulation.
We reserve the right to delete User Content that we, in our sole discretion, deem violates the law (including trademark and copyright law), these Term of Use, or is abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your User Content.
We do not guarantee to pre-screen User Content. We do not guarantee that the Platform will be free from User Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Even in the event that we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove such User Content. We reserve the right to edit, remove, or refuse to post any User Content or terminate your account for any reason.
- COMMUNICATIONS, NOTIFICATIONS AND ALERTS
You may receive communications on the Platform from other users. We may also need to provide you with certain communications, notifications and/or alerts such as service notifications and administrative messages. These communications are considered part of the Platform and you may not be able to optout from receiving them.
All information displayed in listings on the Platform is believed to be accurate but is not guaranteed and should be independently verified. No warranties or representations are made of any kind.
- AGENT SPECIFIC TERMS
Relationship with Casalova
Agents acknowledge and agree that Agents are not employees or agents of Casalova or any of our affiliated companies or partners. Agents are solely responsible for and have complete control, authority and supervision over all services provided by Agents to Clients.
- Representations and Warranties Agent represents and warrants that
- While using the Platform, will at all times act in a professional manner;
- Will not create a false or fictional profile;
- Will not make any false representations to Casalova or any other person who uses the Platform, including impersonation of any person or entity or misrepresentation of affiliation with any person or entity;
- Is registered and in good standing as a real estate salesperson or broker in the jurisdiction in which the Agent operates; and
- Complies with, and will continue to comply with, all applicable guidelines, requirements and standards applicable to real-estate professionals.
- Documentation and Information
Agents acknowledge and agree that Casalova may, from time to time, conduct certain background checks on Agents to verify their status as an agent. Casalova reserve the right, in our sole discretion, to deactivate or otherwise restrict Agents from accessing or using the Platform if they fail to meet our standards, or the standards required by law.
Agents agree to provide Casalova with the following documentation and information in the form and frequency determined by Casalova:
- A current and valid government issued identification document (e.g., driver’s license);
- A current and valid licence(s) and/or registration(s) required to provide real estate services in the jurisdiction in which the Agent operates;
- Registration number (RECO, RECBC, etc.); and
- Current real estate brokerage name.
Casalova reserves the right to review and verify an original of any of these documents in our discretion.
- Subscriptions and Payment
- Subscription Plans
We offer Agents various subscription plans for the use of features on the Platform (each a “Subscription” or “Subscription Plan”). A description of each Subscription Plan and the monthly fee for each Subscription (“Subscription Fee”) is set out on the Platform.
Subscription Fees will be charged in advance to you on a monthly recurring basis on the calendar day corresponding to the commencement of your Subscription (“Renewal Date”).
Each Subscription will automatically renew and continue month-to-month unless and until you cancel the Subscription. You must cancel the Subscription before the Renewal Date to avoid being billed for the renewal.
Upon cancellation of the Subscription, the Customer will continue to have access to the features of the Subscription Plan through the end of the monthly billing period.
We offer Agents the ability to claim and/or receive new sale and rental leads (each a “Lead”) on the Platform. A Lead is defined as a client inquiry relating to a listing, building, neighbourhood, city, or general inquiry. Please consult the Platform for the various options to claim and/or receive Leads and how to pay for Leads.
- Price and Plan Changes
We reserve the right to adjust Subscription Plans, Subscription Fees, other fees and the pricing of any product or service provided on or through the Platform in any manner and at any time in in our sole discretion. Any price changes to existing Subscriptions will take effect following email notice to you.
- Billing and Taxes
When you make a purchase on the Platform, you authorize us to charge the applicable fee(s) to your designated payment method. We will bill you for applicable taxes as a separate line item on each invoice. You are responsible for payment of all sales and use taxes, value added taxes or similar charges. We use Stripe to process payments.
All payments are non-refundable and there are no refunds
- Subscription Plans
- Accepting Leads
When an Agent accepts a Lead, the Agent must contact a Client through the Platform. We reserve the right to reassign a Lead.
- Estimated Commissions
Estimated commissions on the Platform are only estimates of what we think Agents could earn on the sale of a property. We do not guarantee that an Agent will earn the estimated amount. Agents are advised to conduct their own due diligence prior to accepting or paying for Leads.
All disputes between users on the Platform are between the users and not with Casalova. However, if you are unhappy with an Agent, you can register a complaint against the Agent. We will investigate and review all complaints within a reasonable period of time. After reviewing the complaint, we may, in our sole discretion, allow you to connect with a new Agent.
- LINKS TO THIRD-PARTY SITES
Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third party websites are not under the control of Casalova, and Casalova is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk. You acknowledge and agree that Casalova shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
- PRIVACY AND PERSONAL INFORMATION
- OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Platform includes all of the Contents.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
- THIRD-PARTY INFORMATION
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s) and not of Casalova. CASALOVA DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
- WARRANTY DISCLAIMER
SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
- LIMITATION OF LIABILITY
SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CASALOVA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- TERMINATION AND CANCELLATION
We may terminate your use of the Platform and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your Account, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iv) you have completed any other obligation(s) associated with your use of the Platform.
- OBTAINING CASALOVA’S CONSENT