Terms Of Use

Terms of Use for TaskPlus Customers

Revised: December 15, 2023

In these Customer Terms of Use ("Customer Terms"), the terms "you" and "your" refer to the Customer, while "we," "us," and "our" refer to TaskPlus "Both" collectively encompasses both you and us.

 General:

IN GENERAL, THESE TERMS ARE APPLICABLE TO YOUR SUBSCRIPTION PLAN. BY CHOOSING "AGREE" DURING THE SIGNUP PROCESS, YOU ARE ACKNOWLEDGING AND ACCEPTING THE CUSTOMER TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM SELECTING THE CHECKBOX, WHICH WILL RESULT IN FORFEITING ACCESS TO BOTH THE SITE AND THE SOFTWARE. THESE CUSTOMER TERMS ARE RESPONSIBLE FOR GOVERNING THE SUBSCRIPTION. IF THE SUBSCRIPTION IS ACQUIRED THROUGH A TASKPLUS SALES ORDER, THESE CUSTOMER TERMS EXTEND TO COVER EACH SALES ORDER ALONG WITH ITS RELATED SERVICES AND PRODUCTS, MIRRORING THE SPECIFICITY AS IF EXPLICITLY OUTLINED IN EACH INDIVIDUAL SALES ORDER.

Software:

The term "Software" includes software, tools, or services that are either owned by us or licensed to us.

Services:

"Services" encompass the TaskPlus Software as well as any integrated or third-party services included in your TaskPlus subscription.

Products:

"Products" encompass TaskPlus or third-party products obtained through us.

Plan:

The term "Plan" refers to your TaskPlus subscription, including both Services and Products, irrespective of how it was obtained (for instance, directly from TaskPlus, via a Sales Order, or through other software and websites showing Powered by TaskPlus).

Site:

"Site" refers to our website “www.taskplus.ca”.

 Services and Products:

We are committed to delivering our services and products, with the reservation of the right to make adjustments as necessary. It's important to note that we do not cover the costs associated with your computer or internet access.

Both parties agree to provide the Services and Products outlined in the Plan for the specified term. These may be facilitated through the Site, which may involve our provision or utilization of Software.

We retain the right to modify Services, Products, the Site, or Software during any term of the Plan, provided that such changes do not significantly impact functionality.

You are responsible for acquiring and maintaining, at your own expense, all necessary computer hardware, software, and connections to access Services and Products. Additionally, you are required to ensure the security of your equipment, TaskPlus account, passwords, and files.

Payment for Services and Products:

You agree to abide by the payment terms outlined in the Plan, which includes covering any applicable taxes for the services and products. Billing amounts may vary depending on the total number of rentals under your management, and we will notify you of any significant changes. We define significant changes as property numbers falling below "<100" or exceeding ">100".

We retain the right to modify Plan prices and rates, providing at least thirty (30) days' advance written notice. Any adjusted prices and rates will come into effect during the subsequent renewal term.

If you wish to dispute a billing error, you must reach out to our customer support within sixty (60) days.

In the event of overdue payments, you agree to reimburse us for all collection expenses, including reasonable attorney fees.

Certain clauses within these Customer Terms remain valid even after the expiration or termination, including rights to payment, obligations regarding confidentiality, and limitations of liability.

Limitations on Licenses:

Under your Plan, you are exclusively granted the right to access our services and products.

Throughout the duration of your Plan, we provide you with a restricted, non-exclusive license to utilize the Site, Software, and related documentation within the purchased limits.

This license cannot be transferred, and you are forbidden from selling, sublicensing, or leasing it to any third party.

Operational Stability and Service Level:

We take pride in our robust service and support capabilities.

TaskPlus endeavors to achieve the highest level of operational stability; however, it cannot be held accountable for breakdowns or operational disruptions, which may occur due to factors beyond TaskPlus' control. Such factors may include, but are not limited to, power outages, equipment failures, Internet or telecommunication disruptions, among others. The Application and the service are provided "as is," and TaskPlus disclaims any warranty, assurance, guarantee, claim, or other terms, whether direct or indirect.

In the event of a breakdown or disruption, TaskPlus aims to restore normal operations promptly. Planned interruptions are ideally scheduled between 8:00 PM and 6:00 AM EST.

If it becomes necessary to interrupt access to the Application outside of this specified timeframe, advanced notification will be provided whenever possible.

We retain the right to reject or revoke passwords we deem unsuitable.

Customer support will be available through online support ticket requests on weekdays from 9:00 am to 5:00 PM Eastern Time, excluding federal holidays. Customers can initiate support tickets via in-app chat, email at support@taskplus.ca, or by calling 1 647 849 2337. Contact information may change as we update support service providers.

We will exert commercially reasonable efforts to address all support tickets within (1) one business day.

Confidentiality.

It is essential to maintain mutual respect for each other's information and property, which encompasses details concerning pricing and contracts. You are obligated to implement commercially reasonable measures to uphold the confidentiality of our Confidential Information and Trade Secrets. This includes any information disclosed by us or received by you in relation to any Plan, the Services and Products, or these Customer Terms. Both parties are prohibited from copying, duplicating, using, disclosing, or transferring the other party's Confidential Information or Trade Secrets unless necessary.

In the context of these Customer Terms, "Confidential Information" includes any proprietary or confidential data of a party, except for Trade Secrets, that is valuable and not commonly known or accessible to competitors. "Trade Secrets" encompass all legally recognized confidential information of a party, comprising details like pricing and specific terms related to the Services and Products outlined in the Plan.

The confidentiality responsibilities detailed in this section extend to Confidential Information throughout the duration of any Plan's provision of Services and Products, and for two years after such provision ends. As for Trade Secrets, confidentiality remains in effect as long as the Trade Secret maintains its legal status under applicable law.

Both parties recognize that the other party may divulge business, technical, or financial details pertinent to its operations, referred to as "Proprietary Information." Our Proprietary Information encompasses undisclosed specifics regarding the characteristics, functionality, and effectiveness of the Services and Products, along with data concerning Tenant/Owner prospects ("Provider Data"). Your Proprietary Information consists of undisclosed data provided to facilitate the Services and Products ("Customer Data"). Both parties commit to taking reasonable precautions to safeguard such Proprietary Information and abstain from disclosing it to third parties except as necessary for service provision or as otherwise authorized herein.

TaskPlus is obligated to maintain confidentiality regarding any information acquired about the Customer and is prohibited from disclosing such information to third parties unless it is publicly available, obtained from a third party outside confidentiality, or required to be disclosed by law or by order of an authority or court.

At the Customer's request, TaskPlus provides sufficient information to enable the Customer to ensure that the said technical and organizational security measures have been taken, against payment of TaskPlus current hourly rates for such work.

If the Customer utilizes information, usernames, or passwords associated with third-party information or services concerning TaskPlus, the Customer bears responsibility for disclosing such information. TaskPlus must ensure that processing this information does not infringe upon the rights or agreements of third parties. The Customer agrees to indemnify TaskPlus for any losses related to this provision.

Termination Terms:

Although we hope you choose to remain, here's what transpires if you decide to discontinue your subscription.

The initial term of your Plan coincides with the service period specified in the Plan.

You have the option to terminate your Plan at any point, with the termination taking effect at the conclusion of the current billing period.

TaskPlus reserves the right to terminate individual user accounts and entire company accounts without prior notice, at its discretion. Instances warranting such termination may include violations of these terms by the Customer, the Customer's bankruptcy or insolvency, or refusal by the Customer to accept payment requests for the application of the termination of a single Plan, we reserve the right to terminate any other active Plans associated with your account at that time.

Upon termination, you are responsible for settling any outstanding fees and amounts owed. The license to utilize the Services and Products immediately ceases, with no further obligation on our part to provide them.

Ownership of Property.

Your property data, including owners’ information, tenants’ information, vendors’ information and related materials provided for use in connection with the Services and Products or on the Site ("Customer Materials") remain your property. You grant us an irrevocable, royalty-free, non-exclusive license to use, copy, display, and distribute Customer Materials as needed for providing the Services and Products or maintaining the Site.

You do not acquire any rights to the Services and Products, the Site, or the Software; these remain our property, and we retain full ownership and exclusive rights, including copyrights and other intellectual property rights. Conversely, you retain all rights to Customer Data. We retain all rights to our data, the Services and Products, the Software, and related developments, enhancements, or modifications. We grant you a non-exclusive license to use our Software and Technology for the duration of the Plan's term.

We reserve the right to collect and analyze data related to the Services and Products, including Customer Data, for the purpose of improving our offerings and for other business-related activities. This data may be used in aggregated or de-identified form for business purposes.

Intellectual Property Indemnity.

As long as you comply with the Plan and these Customer Terms, we agree to indemnify you for damages, costs, and expenses incurred due to a third party's final judgment favouring claims that the Services and Products, the Site, or the Software infringes any Canadian registered patent, copyright, trademark, or service mark.

Should a third-party claim arise, you must promptly notify us in writing, allowing us to assume control of the defense and negotiations. If the claim is deemed valid, we may provide you with continued usage rights, modify the infringing elements, or terminate the relevant Plan and refund any prepaid fees.

Customer Indemnification.

You warrant that your use of the Services and Products complies with our published policies and all relevant laws and regulations. You indemnify us against damages, losses, and expenses incurred due to third-party claims alleging infringement or improper use of materials, or violations of laws or regulations.

While we are not obligated to monitor your usage, we reserve the right to do so and may prohibit any usage that violates our policies or the law.

Liability Limitations.

Except for personal injury, we and our suppliers, officers, affiliates, representatives, contractors, and employees are not liable under any theory, including contract, negligence, or strict liability, for errors, interruptions, data loss, or business costs. We are not liable for indirect, incidental, punitive, or consequential damages, matters beyond our control, or amounts exceeding fees paid by you to us in the preceding 12 months.

Representations, Warranties, and Disclaimers.

Both TaskPlus and you (the customer) represent and warrant to each other that:

(i) Each is a valid legal entity in good standing with its state of incorporation.

(ii) Each possesses the necessary ownership rights to engage in the business activities contemplated herein.

(iii) No governmental approval or third-party notice is required to execute or enforce each Plan or these Customer Terms.

(iv) Each Plan and these Customer Terms are legally binding and valid.

(v) There are no pending or threatened proceedings that could reasonably affect the validity or enforceability of any Plan or these Customer Terms.

(vi) Neither party is subject to any contract or agreement that would hinder its ability to enter into or fulfill obligations under any Plan or these Customer Terms.

Furthermore, TaskPlus represents and warrants to you (the customer) that:

(i) We will provide the Services and Products in substantial accordance with published specifications and any relevant descriptions specified in applicable Plans or related Statements of Work.

(ii) We will make commercially reasonable efforts, consistent with industry standards, to maintain the Services and Products to minimize errors and interruptions and perform any defined services in a professional manner.

(iii) Services and Products may undergo temporary unavailability for scheduled or unscheduled maintenance, but reasonable efforts will be made to provide advance notice.

You also represent and warrant to us that:

(i) Your actions comply with all federal, provincial, and local laws and regulations regarding fair housing, data protection, and privacy.

(ii) Your rental information, tenants' information, owners' information, vendors' information, screening practices, and leasing decisions adhere to applicable laws and regulations.

(iii) You are entitled to communicate with your clients, owners, tenants, and vendors via email or text messaging using our software. TaskPlus cannot be held responsible for any claims made by your clients regarding the emails and text messages sent to their personal email addresses or phone numbers. Additionally, TaskPlus does not accept liability for sharing contact details between tenants, owners, and vendors as necessary for the operation of the software.

THE REPRESENTATIONS AND WARRANTIES MADE HEREIN ARE THE SOLE WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR LICENSORS GUARANTEE UNINTERRUPTED, ERROR-FREE SERVICES AND PRODUCTS OR SPECIFIC RESULTS. WE DISCLAIM LIABILITY FOR IMPROPER OR DISCRIMINATORY USE OF THE SERVICES AND PRODUCTS. WE ALSO DISCLAIM LIABILITY FOR ANY ADVERSE IMPACT ARISING FROM IMPROPER USE OF THE SOFTWARE OR COMPLIANCE WITH RTAs, EMPLOYMENT LAWS, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

 Restrictions and Responsibilities.

You agree not to:

(i) Attempt to reverse engineer, decompile, or modify the Services and Products, the Site, or the Software.

(ii) Create derivative works from the Services and Products, the Site, or the Software.

(iii) Use the Services and Products, the Site, or the Software for unlawful purposes or in violation of our policies.

(iv) Provide false or misleading information in connection with the Services and Products or the Site.

Exporting the Services and Products or related materials may be subject to restrictions; you agree to comply with all applicable laws and regulations. Our relationship is governed by Federal laws, and any disputes will be resolved in courts located in Canada.

Miscellaneous.

TaskPlus and its employees and representatives will operate as independent contractors in relation to you, and vice versa. Neither party, by virtue of any Plan or these Customer Terms, will have the authority to act or create obligations on behalf of the other.

Changes to our Terms:

TaskPlus reserves the right to modify these Terms as deemed necessary. The latest version of the Terms will always be accessible on TaskPlus website www.taskplus.ca. TaskPlus aims to provide reasonable notice (1 month) regarding any changes by posting them on the website. Continued use of the Application following changes to these Terms implies acceptance of the revised Terms. It is the Customer's responsibility to stay informed about any changes to the Terms.

Effective Date:

These Terms are effective as of December 15, 2023, and supersede all prior agreements, written or oral, regarding the Plan. Any unenforceable provision will be limited or eliminated to the minimum extent necessary for the Plan to remain in full force and effect.