Welcome to The Casa Company Inc. (“Casa,” “we,” “our,” or “us”). These terms (“Terms of Use” or “Terms”) constitute a legal agreement and are entered into by and between you and Casa to govern your access to and use of Casa’s website located at www.paywithcasa.com (the “Website”) and any subdomains used in connection with or related to the Website, as well as any applications, products, and services provided by Casa (collectively, the “Services”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR USE OF THE SERVICES.

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

By using the Services, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

When used in these Terms, each of the following words and phrases shall have the meanings set out below:

To access certain features of the Services, you must create a user account for unique identification (“Account Profile”). When registering as a User, you agree to:

You are solely responsible for all activities that occur under your account. Casa is not liable for any loss or damage arising from your failure to maintain the security of your account. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

Casa reserves the right to verify your identity at any time. You authorize Casa to make any inquiries, directly or through third parties, necessary to validate your identity, including requesting additional information or documentation. Failure to provide this information may result in suspension or termination of your account.

Casa reserves the right to suspend or terminate your Account Profile at its sole discretion if you violate these Terms, provide false or misleading information, or engage in fraudulent or illegal activities.

Certain services, features, or components made available via the Services are delivered by third-party providers, including but not limited to financial institutions, payment processors and credit card issuers. (“Third-Party Services”). These Third-Party Services are provided by independent third parties, not by Casa. By using any product, service, or functionality originating from the Services, You hereby acknowledge and consent that Casa may share such information and data with the applicable third-party provider of such Third-Party Services as may be required to enable and facilitate the requested third-party product, service, or functionality via the Services.

When you engage with any Third-Party Services:

CASA EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SERVICES, AND YOU AGREE THAT CASA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE SERVICES.

Our Website may contain links to external websites or services operated by third parties. Casa does not control these websites and is not responsible for their content, privacy practices, or operations. The inclusion of any links does not imply Casa’s endorsement of the third-party site.

Additional notices, terms, and conditions may apply to products, services, receipt of or access to certain materials, participation in a particular program, and/or specific portions or features of the Services, including without limitation the terms of third-party applications incorporating or utilizing the Services and/or your accounts with third-party providers of such applications. You hereby agree that: (a) these Terms operate in addition to any terms of use imposed or required by any such third-party provider; and (b) these Terms supplement and do not alter or amend any such third-party terms of use.

Casa’s Services integrate with independent payment processors and financial-technology providers (each, a “Third-Party Payment Provider”). Casa is a technology platform only; it is not a bank, trustee, or escrow agent. All funds movement, settlement timelines, account balances, risk checks, chargebacks and refunds are governed solely by the applicable Third-Party Payment Provider’s terms. Casa does not control and is not liable for the availability, accuracy, timeliness, authenticity, security or legality of any Third-Party Payment Provider’s systems or services. By initiating a Payment using the Services you: (i) instruct Casa to transmit your Payment request to the relevant Third-Party Payment Provider; (ii) authorise that provider to debit your chosen funding source and remit funds to the intended recipient; and (iii) agree that any dispute about the amount, timing or failure of the Payment is solely between you and the recipient or the Third-Party Payment Provider, not Casa.

Casa’s Services allow you to make Payments for housing payments and other property-related expenses through various payment methods, including:

All Payments are processed through authorized Third-Party Payment Processors. By initiating a Payment, you authorize Casa and its Third-Party Payment Processor to process the transaction, including charging the specified Payment Amount and any applicable Service Fees (if applicable).

Service Fees are non-refundable unless explicitly stated otherwise or required by applicable law.

You may set up Recurring Payments through your Account Profile. By enabling this feature:

You are responsible for ensuring sufficient funds or credit availability to complete Recurring Payments.

By submitting a Payment through Casa:

Casa is not responsible for Payments sent to incorrect recipients due to errors you make when entering payment information.

Payments processed through Casa are generally non-refundable. Refunds, if applicable, are subject to the policies of the recipient (e.g., Landlord, Property Manager) and the Payment Processor. Casa is not responsible for initiating or processing refunds unless explicitly stated.

Casa may, at its sole discretion:

If a Payment is declined, reversed, or subject to a chargeback:

By saving a card, bank account or other funding source within your Account Profile you authorise Casa and its Third-Party Payment Providers to retain encrypted payment credentials.

If a Payment is declined, returned, reversed or charged back, you remain liable to the Payment Recipient and to Casa for the original Payment Amount, related Service Fees and any processor-imposed charges.

When using Casa’s Services, you agree to conduct yourself in a lawful, responsible, and respectful manner. By accessing or using the Services, you represent and warrant that you will not:

You agree to comply with all applicable local, provincial, national, and international laws, rules, and regulations when using the Services, including but not limited to financial regulations and anti-fraud legislation.

You are solely responsible for:

Casa reserves the right to investigate and take appropriate legal action against anyone who violates these Terms, including suspending or terminating accounts and reporting violations to law enforcement authorities.

All content, materials, and features available through the Services, including but not limited to text, graphics, logos, icons, images, software, and the design and arrangement thereof, are the exclusive property of Casa, its affiliates, or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the intellectual property owned by Casa or any third party, except for the limited license provided below in Section 6.2.

Casa grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purposes, in accordance with these Terms. When using the Services in accordance with the foregoing license, you shall not directly or indirectly: (a) use the Services to create any service, software or documentation that performs substantially the same functionality as the Services; (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Services or any of its components; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Services in any service bureau arrangement or similar commercial purposes; (d) adapt, combine, create derivative works of or otherwise modify the Services; (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Services; (f) use or access the Services for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Services or accompanying documentation; (h) use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any third party’s authorized use of the Services; (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Services; or (j) probe, scan, or test the vulnerability of the Services or any systems or network infrastructure connected with the Services, including without limitation by penetration or stress testing.

If you submit feedback, suggestions, recommendations, enhancement requests, testimonials, endorsements or ideas regarding the Services (“Feedback”), you grant to Casa a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Casa’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of these Terms for any reason. Casa is not obligated to treat Feedback as confidential.

Casa takes reasonable measures to protect the security of your personal information and financial data when using the Services. However, no system can be completely secure. You acknowledge and agree that:

If you believe that your account has been compromised, you must notify Casa immediately at [email protected].

By using the Services, you consent to receive communications from Casa electronically, including via email, text message, in-app notifications, or other methods. These communications may include:

You may opt out of marketing communications at any time by following the instructions in the communication. However, you cannot opt out of transactional or security-related communications necessary for the operation of your account.

While Casa implements security measures to protect data transmission, you acknowledge that:

Casa is not responsible for any unauthorized access, loss, or alteration of data that occurs outside of Casa’s systems, such as data compromised during transmission over third-party networks.

Casa is committed to protecting your privacy. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which forms an integral part of these Terms of Use. By using the Services, you consent to Casa’s collection, use, and disclosure of your personal information as outlined in the Privacy Policy.

The Services offers various tools or display functionality that may be accessible via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Services. In addition, downloading, installing, or using the Services on your mobile device may be prohibited or restricted by your mobile carrier, and not all functionality on the Services will work with all carriers or devices or in all locations. Therefore, you are solely responsible for: (i) checking with your mobile carrier to determine if the Services are available for your mobile devices; (ii) the restrictions, if any, may be applicable to your use of the Services; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.

You agree to indemnify, defend, and hold harmless the Casa Indemnified Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to:

Casa reserves the right to assume exclusive control over the defense of any matter subject to indemnification, in which case you agree to cooperate with Casa’s defense.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASA OR THE CASA INDEMNIFIED PARTIES BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF CASA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.

WITHOUT LIMITING THE FOREGOING, CASA AND THE CASA INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:

IN NO EVENT SHALL CASA’S TOTAL LIABILITY TO YOU EXCEED THE LESSER OF:

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

CASA DOES NOT WARRANT THAT:

YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT CASA SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED

These Terms remain in effect from the date you first access or use the Services until terminated by either you or Casa in accordance with these Terms.

Casa may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

In the event of termination, Casa may delete your Account Profile and related data, subject to legal retention requirements.

You may terminate your account at any time by logging into your Account Profile and following the account closure instructions; or contacting Casa at [email protected].

Termination will be effective immediately unless specified otherwise. You remain responsible for any outstanding Payments, Service Fees, or obligations incurred before termination.

Upon termination of your account:

Casa reserves the right to suspend your access to the Services instead of terminating your account, particularly in cases of:

A suspension may be lifted at Casa’s sole discretion once the issue has been resolved.

These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. To the extent permitted by applicable laws, you and Casa each hereby waives the right to trial by jury of any such suit, action or proceeding.

You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Toronto, Ontario, Canada, and you irrevocably consent to the jurisdiction of such courts.

These Terms, along with Casa’s Privacy Policy, constitute the entire agreement between you and Casa with respect to the Services. They supersede any prior agreements, understandings, or representations between you and Casa, whether written or oral.

If any term or provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and the remaining terms and provisions will remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it enforceable while preserving the intent of the original term or provision.

No failure or delay by Casa in exercising any right, power, privilege or remedy under these Terms shall operate or be construed as a waiver of such right, power, privilege or remedy. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Casa’s prior written consent. Casa may assign or transfer its rights and obligations under these Terms without restriction, including but not limited to in connection with a merger, acquisition, sale of assets, or by operation of law.

Casa shall not be liable for any delay or failure to perform its obligations under these Terms, including but not limited unavailability of the Services, due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, power outages, internet failures, and actions of governmental authorities.

Any provisions of these Terms that, by their nature, should survive termination of your account or cessation of use of the Services will survive, including but not limited to provisions related to indemnification, limitation of liability, intellectual property, dispute resolution, and governing law.

Unless otherwise specified, all monetary amounts referenced in these Terms, including but not limited to Payments, Service Fees, and other charges, are denominated in Canadian Dollars (CAD). Any transactions processed through Casa’s Services will be settled in Canadian Dollars, and any currency conversion fees or other fees not charged by Casa, if applicable, shall be the responsibility of the User.

You acknowledge that any breach, threatened or actual, of these Terms would cause irreparable injury to Casa not readily quantifiable as money damages, such that Casa would not have an adequate remedy at law. You therefore agree that Casa shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.

Please note that Casa reserves the right to change the terms and conditions of these Terms by posting a revised set of terms or mailing and/or e-mailing notice thereof to you. In addition, Casa may add, modify, or delete to cease to provide any aspect, component, or feature of the Services, and Casa is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Services following any announced change will be deemed as conclusive acceptance of any change to these Terms. Accordingly, please review the Terms on a periodic basis.

The relationship between you and Casa under these Terms is that of independent contractors, and nothing herein or in your use of the Services shall be construed as creating any joint venture, partnership, employment, or agency relationship.

If you have questions, concerns, or need assistance with the Services, you can contact Casa’s customer support team through the following methods:

All legal notices to Casa must be sent in writing to: The Casa Company Inc. 245 Davenport Rd, Suite 300, Toronto, Ontario, M5R 1K1. Attn: Legal Department

You agree that Casa may provide you with notices, including those regarding changes to these Terms, by email, in-app notifications, or postings on the Website.

These Terms are drafted in English. If Casa provides a translated version of these Terms, the English version shall prevail in the event of any inconsistencies.