TERMS OF SERVICE

Last Updated: February 17, 2025

These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet websites located at www.condoscan.ca (collectively, the “Site”), owned and operated by SandGrain AI Corp. (“SandGrain”, “CondoScan”, “we”, “our” or “us”), and the services available thereon, including without limitation, the services that enable you to access information, generate and view condominium document analysis reports (“CondoScan Reports”) derived from the automated summarization and analysis of condominium documentation (the “Services”).

Important Disclaimers and Limitations

When you upload condominium documents for analysis, you represent and warrant that you have the legal right to access and use these documents. CondoScan does not claim ownership of the original documents you upload, but we do retain ownership of the analysis, summaries, and reports generated from these documents.

While we strive for accuracy in our automated analysis, you acknowledge that CondoScan Reports are generated through automated processes and artificial intelligence technology, which may have limitations. You agree to review all reports carefully and not rely solely on our analysis for making important decisions. We recommend consulting with appropriate professionals (such as lawyers, accountants, or real estate professionals) for verification of critical information.

Limitations of Automated Analysis

You expressly acknowledge and agree to the following limitations of our automated analysis system:

  • The Services use artificial intelligence and machine learning technology to analyze documents. This technology, while sophisticated, is not perfect and may contain errors, omissions, or misinterpretations.
  • Our automated analysis may miss important information, misinterpret complex legal or financial terms, or fail to identify significant issues within the documents.
  • Document quality, formatting, scanning artifacts, or unusual document structures may affect the accuracy of our analysis.
  • Our analysis may not capture recent legal or regulatory changes that could affect the interpretation of documents.
  • The Services may not identify all potential risks, liabilities, or obligations contained within the analyzed documents.
  • Automated summaries and extractions may oversimplify complex provisions or miss important context and nuances.

Eligibility Requirements

In order to enter into this Agreement and access and use the Services, you must: (a) have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and, if required by local law, (i) be licensed to provide regulated real estate and/or real estate-related services, including without limitation trading or brokerage services, as may be required by the applicable governmental or regulatory body in the province, state, territory or country in which you operate, or (ii) be an individual in an agency relationship with an individual licensed to provide regulated real estate and/or real estate-related services, including without limitation trading or brokerage services, and such licensee has shared a CondoScan Report with you (collectively, the “Eligibility Requirements”).

Intellectual Property Rights

All material available on the Site and all material and services provided by or through CondoScan, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, CondoScan Reports, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Submission of Content

The Site and the Services enable you to submit, provide or upload content, including but not limited to condominium related documentation, CondoScan Report Modifications, messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to CondoScan for the purpose of providing the Services.

You agree that by uploading, or otherwise providing any Content, you grant to CondoScan a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, and retain all or any portion of such Content in connection with providing the Services to you, as well as for the purpose of enhancing and providing the Services to other users and to develop other products and services.

Monitoring

CondoScan may, but has no obligation to, monitor Content and you consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect CondoScan or its customers, or operate the Site or Services properly.

Acceptable Use and Conduct

You agree that you will not publish or make available any Content that, or use the Site or Services in a manner that:

  • Infringes, violates or misappropriates any third party's intellectual or proprietary rights
  • Contains software viruses or any other computer code designed to interrupt, destroy or limit functionality
  • Is misleading, deceptive or fraudulent
  • Is libelous, defamatory, threatening, or harmful to any person or entity
  • Is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic origin, or other protected characteristics
  • Attempts to gain unauthorized access to CondoScan's systems
  • Uses automated means to monitor or copy the Site or Services

Disclaimer of Warranties

YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONDOSCAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND.

Limitation of Liability

CONDOSCAN'S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO CONDOSCAN IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE.

Indemnification

You agree to indemnify and hold harmless CondoScan from any claims, damages, or expenses arising from your use of the Services or violation of these terms.

Arbitration

Except for any claim involving intellectual property, all disputes will be resolved by arbitration under the Alberta Arbitration Act. The place of arbitration will be Calgary, Alberta, Canada.

Service Terms

CondoScan offers its Services on a pay-per-use basis. Each report purchase is a one-time transaction, and you will be charged the applicable fee at the time of purchase. We do not offer subscriptions or recurring billing. All sales are final, and we do not provide refunds unless required by law or at our sole discretion.

Data Retention and Service Availability

CondoScan may retain uploaded documents and generated reports for a reasonable period to improve our Services and maintain records of our transactions. However, we are not a document storage service, and you should maintain your own copies of all documents. We may delete uploaded documents and reports at any time after service delivery, with or without notice.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

Third Party Sites and Content

The Site may display third party content or permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under CondoScan's control, and you acknowledge that CondoScan is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources.

Waiver of Jury Trial and Class Action Rights

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Limitation of Time

You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.

Cancellation

You may cancel your Account by emailing help@condoscan.ca and indicating your wish to cancel your Account. You will not be provided with a refund, in whole or in part, of any paid amount.

You will remain liable for all charges accrued on your Account up to the time of cancellation. CondoScan is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation, at which point your Account will not be recoverable whatsoever.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

You agree that if CondoScan does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which CondoScan has the benefit of under any applicable law), this will not be taken to be a formal waiver of CondoScan's rights and that those rights or remedies will still be available to CondoScan.

The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

Contact Information

For questions about these Terms, please contact:

SandGrain AI Corp.
6060 Bow Crescent
Calgary, AB
T3B 2B9
Email: info@condoscan.ca