Terms of service

1. What the service is (and isn't)

MostlyPassive is record-keeping and document-preparation software for landlords. It does not provide legal, tax, accounting or financial advice, and it does not act for you.

Forms, notices, calculations, deadlines, example clauses and other output are prepared from the information you enter and are provided for your convenience. You are responsible for checking every document and figure before you rely on it, serve it or sign it, and for complying with the Residential Tenancy Act and every other law that applies to you. If you are unsure, get advice from a lawyer or the Residential Tenancy Branch.

2. Provided as is

The service is provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties or conditions, express or implied, including that the service will be uninterrupted or error-free, or that its output will be accurate, complete or current, or fit for a particular purpose.

Laws, rates and government forms change; we do not guarantee that the service reflects every change at the time you use it.

3. Limit on what we owe

To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential or punitive loss, or for lost rent, lost profits, lost data, penalties, orders or awards made by the Residential Tenancy Branch or any court or tribunal, amounts owed to tenants (including any return of double a deposit), or the cost of substitute services, however caused, even if we were told they were possible; and (b) our total liability for all claims relating to the service, in contract, negligence or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim, or $100 if greater.

These limits do not apply to liability that cannot be limited by law, or to our fraud or wilful misconduct.

4. Your responsibilities, and your promise to cover us

You are responsible for the information you enter, for having the right to collect and use your tenants' and applicants' personal information, for your dealings with tenants, applicants and others, and for how you use the service and its output.

You will indemnify us and our directors against claims, losses and costs (including reasonable legal fees) brought by third parties, including your tenants and applicants, arising from your use of the service, your data, or your breach of these terms or the law.

5. Other people's services

The service relies on third parties (for example bank connections, payments, email delivery and hosting). We are not responsible for their availability, errors or terms, and you may need to accept their terms to use those features.

6. Your data

You own your data. We process it only to provide the service, as set out in our Privacy Policy and Data Processing Addendum.

You can export it at any time while your account is active, and for 30 days after it closes; after that we delete it, except backups that expire on their normal schedule and records we must keep by law. Keep your own copies of anything you need, including signed leases and notices.

7. Payment, cancellation and changes

Plans renew automatically until cancelled. You can cancel any time; your plan runs to the end of the period you paid for, with no refunds for partial periods except where the law requires. If a payment fails, your account becomes read-only until it is paid.

We may change prices or these terms with 30 days' notice by email; if you don't agree, you can cancel before the change takes effect.

8. Law and courts

These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia (or the BC Civil Resolution Tribunal, where it has jurisdiction) decide any dispute.