Terms & Conditions

1. Acceptance of Terms

By accessing or using the Domly platform ("Service"), operated by [Company Name] ("Domly," "we," "us," or "our"), you agree to be bound by these Terms & Conditions. If you do not agree, you must not use the Service.

You represent that you are at least 18 years of age and have the legal authority to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2. Definitions

"Account" means your registered Domly account. "Landlord" or "User" means the person or entity that creates an Account. "Tenant" means an individual whose contact information is uploaded to the platform by a User. "Knowledge Base" means the property rules, bylaws, and FAQ content uploaded by a User. "AI Agent" means the automated system that responds to tenant SMS messages on behalf of the User. "Sub-Processor" means a third-party service provider used by Domly to deliver the Service.

3. Description of Service

Domly provides an AI-powered SMS communication platform for Canadian landlords and property managers. The Service includes: automated tenant SMS responses available 24/7, AI-driven maintenance triage and photo analysis, knowledge base management for building rules and bylaws, bilingual support (English and French), smart notification routing, and conversation summaries.

Domly is a communication and triage tool. It is not a property management company, maintenance contractor, insurance provider, or legal advisor. The AI Agent provides guidance based on the User's uploaded Knowledge Base and general property management practices, but its responses do not constitute professional advice.

4. Account Registration & Security

You must provide accurate, complete information when creating an Account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.

You must promptly notify Domly of any unauthorized use of your Account. We are not liable for losses arising from unauthorized access to your Account where you have failed to safeguard your credentials.

5. Pricing, Billing & Free Tier

Domly operates on a flat per-tenant pricing model. The subscription is $5 CAD per active tenant per month, which includes unlimited SMS messaging. All prices are in Canadian Dollars and include applicable taxes (GST/HST/QST).

Your first tenant is free forever. Referral bonuses may grant additional free tenant slots (up to 3 extra). Free-tier usage is subject to fair-use limits.

Billing is processed monthly through Stripe. You authorize recurring charges to your payment method on file. We may adjust pricing with 30 days' written notice. Failure to pay may result in suspension or termination of your Account.

6. Acceptable Use

You agree to use the Service only for lawful purposes related to property management. You must not: use the Service to send spam, unsolicited marketing, or harassing messages; upload false, misleading, or harmful content to your Knowledge Base; attempt to reverse-engineer, disassemble, or exploit the Service; share your Account credentials with unauthorized third parties; or use the Service in any way that violates applicable Canadian federal or provincial law.

You are solely responsible for the content you upload to your Knowledge Base and for ensuring that your property rules comply with applicable residential tenancy legislation (e.g., Quebec Civil Code, Ontario Residential Tenancies Act, or equivalent provincial statutes).

7. Tenant Communications & Consent

You are responsible for obtaining any required consent before adding tenant phone numbers to the platform. Domly's standard opt-in process is user-initiated: when a tenant texts the property's dedicated number for the first time, the AI Agent responds to their query and offers the option to receive future service messages. Consent is granted only when the tenant replies with an affirmative keyword (e.g., "YES"). Tenants may opt out at any time by replying STOP.

You must comply with Canada's Anti-Spam Legislation (CASL) and applicable provincial regulations regarding electronic communications. Domly provides the tools to facilitate compliance, but the responsibility for lawful use lies with you as the Account holder.

8. AI-Generated Content & Disclaimers

The AI Agent generates responses based on your Knowledge Base, general property management practices, and contextual analysis (including photo analysis). AI-generated responses are provided on an "as-is" basis. Domly does not guarantee the accuracy, completeness, or appropriateness of AI-generated content for any specific situation.

You acknowledge that: AI responses are not a substitute for professional advice (legal, engineering, plumbing, electrical, or otherwise); the AI may occasionally produce incorrect or incomplete information; you are responsible for reviewing conversation summaries and taking appropriate action on flagged items; and emergency situations require human judgment — while the AI will attempt to identify emergencies and provide basic safety guidance, it cannot replace calling 911 or other emergency services.

9. Intellectual Property

Domly and its licensors own all rights to the Service, including the platform, AI models, software, branding, and documentation. Nothing in these Terms transfers ownership of any intellectual property to you.

You retain ownership of the content you upload (Knowledge Base entries, property rules, and similar materials). By uploading content, you grant Domly a limited, non-exclusive license to use that content solely for the purpose of providing the Service to you. This license terminates when you delete the content or close your Account.

10. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation (e.g., Quebec's Act respecting the protection of personal information in the private sector).

11. Limitation of Liability

To the maximum extent permitted by Canadian law, Domly's total liability for any claims arising from or related to the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.

Domly shall not be liable for: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or business opportunities; damages arising from AI-generated content, including incorrect triage assessments or inappropriate responses; damages caused by your failure to act on notifications or flagged items; or service interruptions caused by force majeure, telecommunications failures, or third-party service outages.

12. Indemnification

You agree to indemnify and hold harmless Domly, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: your use of the Service; your violation of these Terms; content you upload to the platform; your failure to obtain required tenant consent; or your violation of any applicable law or regulation.

13. Termination

You may cancel your Account at any time through the platform settings or by contacting support. Upon cancellation, your access to the Service will continue until the end of the current billing period. We will retain your data for 30 days following termination, after which it will be permanently deleted unless required by law.

We may suspend or terminate your Account immediately if you breach these Terms, fail to pay outstanding fees, use the Service in a manner that poses a risk to other users or the platform, or if required by law. We will make reasonable efforts to notify you before or promptly after any such action.

14. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notification at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may terminate your Account before the changes take effect.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Montreal. Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a minimum period of 30 days.

16. Contact

If you have questions about these Terms, please contact us at: BAKA Real Estate, Inc, Canada. Email: [email protected]