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TenTotal

Legal

Customer Agreement

Last updated 2026-11-13

This Customer Agreement (the "Agreement") is between TenTotal ("TenTotal", "we" or "us") and the company or person that subscribes to TenTotal ("Customer" or "you"). It applies when you accept it in the app, sign an order form that refers to it, or use a paid subscription. If you accept for a company, you confirm you have authority to bind it.

Definitions

  • Authorized Users means your employees, contractors and others you allow to use the Service under your account.
  • Customer Data means the information you and your Authorized Users enter into or upload to the Service, including information about your properties, tenants, owners, vendors, leases, invoices and payments. It does not include Aggregated Data.
  • Aggregated Data means data about use of the Service that has been combined and de-identified so that it does not identify you, your users, your tenants or any individual.
  • Documentation means our help pages and guides for the Service.
  • Order means your plan selection in the app, or an order form signed by both parties, setting out your plan, limits, fees and term.
  • Personal Data means information about an identifiable individual within Customer Data.
  • Service means the TenTotal hosted property management software, its features, and any support or onboarding described in your Order.

The Service

  1. Access. Subject to this Agreement and payment of fees, we grant you a non-exclusive, non-transferable right during your subscription for your Authorized Users to access and use the Service for your internal business purposes, within the limits of your plan (such as the number of properties, units and users).
  2. Orders. Each Order forms part of this Agreement. If an Order conflicts with this Agreement, this Agreement controls unless the Order expressly says otherwise.
  3. Hosting and availability. We host the Service and use commercially reasonable efforts to keep it available, apart from planned maintenance (which we try to schedule outside business hours) and events beyond our reasonable control.
  4. Support. We provide support by e-mail during business hours in Calgary, Alberta. Higher plans may include priority support and onboarding as described in the Order.
  5. Changes. We continually improve the Service and may change features. We will not materially reduce the core functionality of your plan during a paid term without notice and, if the change is significant, the right to cancel and receive a refund of prepaid fees for the rest of that term.
  6. Third-party services. The Service relies on third-party providers (for example, hosting and e-mail delivery) and may connect to services you choose, such as sign-in providers or AI apps. We are not responsible for services you choose to connect, and their own terms apply to them.

Your responsibilities

  1. Authorized Users. You are responsible for your Authorized Users and their compliance with this Agreement, for who you give access to and at what level, and for keeping sign-in details confidential. Each sign-in is for one person.
  2. Your data and notices. You are responsible for the accuracy, quality and legality of Customer Data and for having the right to enter it. You confirm that you have given the notices and obtained the consents required by law (including PIPEDA, PIPA and residential tenancy laws) for us to process Customer Data to provide the Service, including any notices to your tenants about their information and about e-mails sent through the Service.
  3. Checking results. The Service performs calculations (such as rent, common area costs, property tax recovery, GST and reconciliations) based on the information and settings you enter. You are responsible for reviewing invoices, notices, reports and other outputs before posting, sending or relying on them. The Service is not legal, tax or accounting advice.
  4. Acceptable use. You will not, and will not let anyone: give access to people who are not Authorized Users; resell or sublicense the Service; copy, modify or reverse-engineer it (except where the law allows); get around its security or usage limits; use it to send unsolicited or unlawful messages (including in breach of CASL); upload malicious code; or use it for anything unlawful, infringing or harmful.
  5. Restricted data. Do not enter social insurance numbers, full payment card numbers, health information, or bank login credentials into the Service, except in fields designed for that information.
  6. Security incidents. Tell us promptly at privacy@tentotal.ca about any unauthorized use of your account that you become aware of.

Data

  1. You own your data. As between us, you own Customer Data. You grant us a non-exclusive, worldwide licence during the term to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, and as described in our Data Processing Addendum.
  2. Personal Data. Our Data Processing Addendum (the "DPA") forms part of this Agreement and governs our processing of Personal Data on your behalf. If the DPA conflicts with this Agreement on data protection, the more protective provision applies.
  3. Aggregated Data. We may create and use Aggregated Data to operate and improve our products and services. We will not publish Aggregated Data in a way that identifies you or any individual.
  4. No AI training. We will not use Customer Data to train artificial intelligence models, and we require our AI providers not to use it for training.
  5. Export and deletion. You can download your data from the Service at any time while your subscription is active. After the subscription ends, we keep Customer Data for 30 days so you can export it, then delete it from our active systems within a reasonable period (and from backups as they expire), unless the law requires us to keep it.

Our intellectual property

The Service, Documentation and all related technology, and all intellectual property rights in them, belong to TenTotal and its licensors. No rights are granted except those expressly set out in this Agreement. If you send us feedback or suggestions, we may use them freely without obligation to you.

Fees and payment

  1. Fees. You will pay the fees for your plan as shown in the app or your Order. Unless the Order says otherwise, fees are in Canadian dollars, billed in advance monthly or yearly, and due on receipt.
  2. Taxes. Fees do not include GST, HST, PST, QST or other taxes, which we will add where required. You are responsible for all taxes other than taxes on our income.
  3. Late payment. If a payment is more than 30 days overdue, we may charge interest of 1% per month (12% per year) or the maximum allowed by law, if lower, and may suspend the Service after giving you at least 10 days' notice. We will restore access promptly once you pay.
  4. Price changes. We may change prices for a renewal term by giving at least 30 days' notice before the renewal.
  5. Refunds. Fees are non-refundable except as stated in this Agreement or required by law.

Term and termination

  1. Term. This Agreement starts when you first accept it and continues until all subscriptions end. Monthly subscriptions renew each month and yearly subscriptions renew each year, unless either party gives notice of non-renewal before the renewal date (for yearly plans, at least 30 days before).
  2. Cancelling. You can cancel at any time effective at the end of your current billing period.
  3. Termination for breach. Either party may end this Agreement by notice if the other materially breaches it and does not fix the breach within 30 days of written notice. We may suspend access immediately if needed to prevent harm to the Service, other customers or individuals, or to comply with law.
  4. Effect. When this Agreement ends, your right to use the Service ends, you pay any fees owed, and the data export and deletion terms above apply. If you end it because of our uncured breach, we will refund prepaid fees for the unused part of the term. Sections about data, intellectual property, fees owed, disclaimers, limitation of liability, indemnities, confidentiality and general terms survive.

Confidentiality

Each party may receive non-public information from the other that is marked confidential or should reasonably be understood to be confidential ("Confidential Information"). Customer Data is your Confidential Information; the non-public parts of the Service are ours. The receiving party will use Confidential Information only to perform this Agreement, protect it with at least reasonable care, and share it only with people who need to know it and are bound by similar duties. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is received lawfully from a third party, or is independently developed. A party may disclose Confidential Information if required by law, after giving notice where allowed.

Warranties and disclaimers

  1. Mutual. Each party confirms that it has authority to enter into this Agreement.
  2. Ours. We will provide the Service in a professional manner, substantially as described in the Documentation, and maintain the security measures described in the DPA.
  3. Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ITS CALCULATIONS WILL SUIT YOUR SITUATION. OUTPUTS OF THE OPTIONAL AI HELPER MAY BE INACCURATE AND MUST BE CHECKED.

Limitation of liability

  1. Excluded damages. EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, RENT OR GOODWILL, EVEN IF TOLD THEY WERE POSSIBLE.
  2. Cap. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE FEES PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
  3. Excluded claims means your obligation to pay fees, a party's indemnity obligations, a party's breach of confidentiality, and a party's fraud, gross negligence or wilful misconduct.
  4. These limits apply to the fullest extent permitted by law and form an essential basis of the bargain.

Indemnities

  1. By us. We will defend you against any third-party claim that the Service, used as permitted, infringes a Canadian or United States patent, copyright or trademark or misappropriates a trade secret, and pay amounts awarded or agreed in settlement. If the Service is or may become subject to such a claim, we may get you the right to keep using it, modify or replace it, or end the affected subscription and refund prepaid fees for the unused term. This does not cover claims caused by your data, your modifications, or use with things we did not provide.
  2. By you. You will defend us against any third-party claim arising from Customer Data, your dealings with your tenants, owners and others, or your breach of the acceptable use terms, and pay amounts awarded or agreed in settlement.
  3. Process. The party seeking protection must give prompt notice, let the other party control the defence and settlement (no settlement may impose obligations on it without consent), and reasonably cooperate.

General

  1. Governing law and courts. This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. The parties submit to the exclusive jurisdiction of the courts of Alberta sitting in Calgary, except that either party may seek injunctive relief in any court with jurisdiction to protect its confidential information or intellectual property.
  2. Resolving disputes. The parties will first try in good faith to resolve any dispute through senior representatives within 30 days of written notice before starting legal proceedings, except for urgent injunctive relief.
  3. Notices. Notices to us go to privacy@tentotal.ca. Notices to you go to the account owner's e-mail address in the Service. Notices are effective when sent, unless the sender receives an error message.
  4. Assignment. Neither party may assign this Agreement without the other's consent, except to a successor in a merger, acquisition or sale of all or substantially all of its business or assets.
  5. Force majeure. Neither party is liable for delays caused by events beyond its reasonable control (other than payment obligations), if it promptly notifies the other and works to resume performance.
  6. Publicity. We will not use your name or logo publicly without your permission.
  7. Relationship. The parties are independent contractors.
  8. Changes. We may update this Agreement by giving at least 30 days' notice. Changes apply from your next renewal, unless they are required by law or you agree sooner. If you object to a change, you may cancel before it applies.
  9. Language. The parties have asked that this Agreement be drawn up in English. Les parties ont exigé que la présente convention soit rédigée en anglais.
  10. Entire agreement. This Agreement, together with your Order, the DPA, our Terms of Use and our Privacy Policy, is the entire agreement between the parties about the Service and replaces any prior discussions. Purchase order terms you send do not apply. If any provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver.

Adapted from attorney-drafted templates by General Legal, PC, released under CC0 1.0. This document is provided for the use of TenTotal and its customers; it is not legal advice to you.