Terms of Service

Nduka & Sherisse Rentals (“NSR”, “we”, “us”, or “our”) operates a software platform that helps Canadian landlords manage rental properties and helps their tenants pay rent, report maintenance issues, and access lease documents. Our platform is available at nsr.mebal.caand any related mobile applications (the “Service”).

These Terms of Service (the “Terms”) form a binding agreement between you and NSR. They govern your use of the Service. By creating an account, clicking “I agree”, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

We may update these Terms from time to time. If we make a material change, we will notify you by email at least 30 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may close your account before the effective date.

You must be at least 18 years old, or the age of majority in your province of residence if higher (19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, and the Yukon), and a resident of Canada to use the Service. You must provide accurate, current, and complete information when you create an account and keep it updated.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@nsr.mebal.ca if you suspect unauthorized access.

We may suspend or terminate your account if we reasonably believe you have violated these Terms, if required by law, or to protect the Service or other users. See section 11 for details on termination.

NSR is a two-sided platform. Owner accounts are for landlords who list properties, manage units, sign leases, and collect rent. Resident accounts are for tenants of properties managed by an Owner through NSR.

Residents are invited to NSR by an Owner through an emailed invitation link. You cannot register as a Resident without a valid invitation. If your landlord terminates your lease or removes you from their property, your Resident account access to that property will end.

The relationship between Owners and Residents is between those two parties. NSR is a software provider, not a party to any lease, sublease, or other agreement between an Owner and a Resident. Disputes between Owners and Residents should be resolved between them; we may help facilitate communication but we are not responsible for resolving the dispute.

Owners pay a monthly subscription fee for the use of the Service. The current pricing is available on our pricing page. We charge your subscription fee through Stripe, a third-party payment processor. By providing a payment method, you authorize us to charge your method for all fees and applicable taxes.

Residents use the Service free of charge.Rent payments made by Residents are processed by Stripe and go directly to the Owner’s Stripe account. NSR does not hold, transmit, or take custody of rent funds at any time. NSR cannot refund rent, reverse a payment, or resolve a payment dispute between an Owner and a Resident. Contact Stripe directly for payment disputes.

Subscription fees are non-refundable except where required by law. If you cancel mid-month, your access continues until the end of the current billing period. We may change subscription fees with at least 30 days’ notice. Continued use after the change takes effect constitutes acceptance of the new fees.

Failed payments may result in suspension of your account. We will attempt to notify you before suspension.

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws.
• Use the Service to discriminate against any person on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, or any other ground protected under the Ontario Human Rights Code or the Canadian Human Rights Act.
• Upload or transmit viruses, malware, or any code designed to disrupt the Service.
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems.
• Reverse engineer, decompile, or otherwise attempt to extract source code from the Service.
• Use the Service to send unsolicited communications, spam, or phishing attempts.
• Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure.
• Misrepresent your identity or impersonate any other person or entity.
• Use the Service to store or process personal information about individuals other than your tenants without their knowledge and consent.

Owners are responsible for ensuring that their use of NSR to manage a property complies with the Residential Tenancies Act of the applicable province and any other applicable landlord-tenant law. NSR does not provide legal advice.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), Quebec’s Act respecting the protection of personal information in the private sector as amended by Act 25 where applicable, and other applicable provincial privacy laws.

You retain ownership of all data you upload to the Service. You grant us a limited licence to use, store, and process that data solely to provide the Service to you. We will not sell your data or use it for advertising.

You may export your data at any time through the dashboard in a structured, commonly used format (CSV or JSON). If you close your account, we will delete your personal information within 30 days, except where retention is required by law (for example, tax records) or where data has been aggregated and de-identified.

When a Resident’s lease ends, the Owner is responsible for ending the Resident’s access to the property in NSR. The Resident’s personal information remains in the system for the duration of the Owner’s account and the standard retention schedule, then is deleted per the Privacy Policy.

We use third-party sub-processors to provide the Service, including Firebase (Google Cloud) for data storage and authentication, Stripe for payment processing, Vercel for application hosting, and a transactional-email provider for verification, receipt, and lease emails. A current, complete list of sub-processors is published in our Privacy Policy.

The Service, including its design, features, code, branding, and content, is owned by NSR and protected by Canadian and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal or business property management purposes. You may not copy, modify, distribute, sell, or create derivative works based on the Service.

We strive to keep the Service available, but we do not guarantee that the Service will be uninterrupted, secure, or error-free. We may perform maintenance, updates, or modifications that temporarily limit access. We will attempt to provide reasonable notice of planned downtime.

We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice. If we discontinue the Service entirely, we will provide at least 90 days’ notice and a mechanism for you to export your data.

Force majeure. NSR will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to internet or telecommunications failures, third-party service-provider outages (including Firebase and Stripe), cyberattacks, natural disasters, pandemics, government actions, labour disputes, or acts of war.

Beta / early-access disclaimer. NSR is a relatively new service. Features may change, be removed, or behave differently than described as we iterate. We may release new functionality as beta or experimental without warranty of any kind. You are responsible for maintaining independent backups of any critical documents or records you upload to the Service. NSR is not a regulated document-storage or escrow service.

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements or that it will be uninterrupted or error-free.

To the maximum extent permitted by law, NSR will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or relating to your use of the Service, regardless of the legal theory.

Our total cumulative liability to you for all claims arising out of or relating to the Service will not exceed the greater of (a) the fees you paid us in the 12 months before the claim, or (b) CAD $100.

Nothing in these Terms limits or excludes any warranty or liability that cannot be limited or excluded under applicable law, including liability for fraud or for death or personal injury caused by negligence.

You agree to indemnify, defend, and hold harmless NSR and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, or (d) any dispute between you and another user.

You may terminate your account at any time by following the instructions in your account settings or by emailing support@nsr.mebal.ca. Termination is effective at the end of your current billing period for Owners, or immediately for Residents.

We may terminate or suspend your accountat any time, with or without cause, with at least 30 days’ notice for Owners who are in good standing. We may suspend immediately, without notice, if (a) you breach these Terms, (b) your payment method fails, (c) we are required to do so by law, or (d) continued provision of the Service would cause security or legal risk.

Upon termination, your right to use the Service ends. Sections of these Terms that by their nature should survive termination (including payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

We hope that any dispute or concern you have can be resolved informally. Please contact us first at support@nsr.mebal.ca and we will work in good faith to resolve the issue.

If a dispute cannot be resolved within 60 days of written notice, either party may initiate mediation through a mediator mutually agreed upon in Toronto, Ontario. If mediation does not resolve the dispute within a further 60 days, either party may commence litigation in the courts of Ontario.

Notwithstanding the above, either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information without first attempting mediation.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

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

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices. We may provide notices to you by email to the address on your account, by posting within the Service, or by mail. Notices to NSR should be sent to legal@nsr.mebal.ca.

Cancellation (Ontario consumers). If you are an Ontario consumer, you may cancel your subscription at any time as described in section 11. Subscription fees are non-refundable except where required by the Consumer Protection Act, 2002 (Ontario) or other applicable law.

Mediation costs.For the mediation described in section 12, each party bears its own legal and other costs; the mediator’s fees and reasonable expenses are shared equally between the parties unless the mediator directs otherwise.

Accessibility. NSR is committed to making the Service accessible in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and applicable accessibility standards. If you experience any difficulty accessing any part of the Service, please contact us at accessibility@nsr.mebal.ca so we can assist and improve. Our Accessibility Statement is available at /accessibility.

Transactional email.NSR sends only transactional emails (account verification, payment receipts, lease invitations, maintenance updates) tied to your use of the Service. We do not send marketing or promotional emails. If we ever introduce optional marketing communications, we will obtain your express consent under Canada’s Anti-Spam Legislation (CASL) before sending them.

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

• Email: legal@nsr.mebal.ca
• Mail: Nduka & Sherisse Rentals, Toronto, Ontario, Canada
• Through the Service: visit our contact page