These Terms of Service ("Terms") govern your access to and use of Cortiva's property management software and services ("Service"). Please read these Terms carefully. By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you are using our Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Cortiva provides a property management software platform designed to help commercial property managers streamline their operations, manage properties and assets, handle tenant relationships, and automate administrative tasks.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
To use our Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
If you register for an account as an administrator, you are responsible for managing user access and ensuring all users comply with these Terms.
Cortiva offers a month-to-month subscription plan. You agree to pay all fees associated with your subscription. Fees are non-refundable except as expressly stated in these Terms.
You will be billed in advance on a monthly basis. Payment must be made by credit card, direct debit, or other approved payment methods. If your payment cannot be processed, we may suspend or terminate your access to the Service.
We may change our subscription fees at any time. Any price changes will be communicated to you at least 30 days before they take effect. Your continued use of the Service after the fee change constitutes your agreement to pay the updated fee.
Unless otherwise stated, all fees are exclusive of applicable taxes (including GST), which you are responsible for paying.
You may cancel your subscription at any time by providing notice through your account settings or by contacting our support team. Upon cancellation, your access will continue until the end of your current billing period, at which point your account will be terminated.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
Upon termination of your account, we will store your data for 30 days, during which time you may request a copy. After this period, we reserve the right to delete all your data from our systems.
You retain all rights to any data, information, or materials that you submit to the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display Your Content solely for the purpose of providing the Service to you.
We implement reasonable security measures to protect Your Content. However, you acknowledge that no security system is impenetrable and that we cannot guarantee the security of Your Content.
We regularly back up the Service and its contents, but these backups are for our own administrative purposes and may not meet your specific data retention requirements. You are responsible for maintaining your own backups of Your Content.
You agree to use the Service in compliance with all applicable laws and regulations.
You agree not to:
The Service and its original content, features, and functionality are owned by Cortiva and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.
If you provide us with any feedback or suggestions regarding the Service, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate.
Each party agrees to keep confidential any proprietary or confidential information disclosed in connection with the Service and to use such information only for purposes consistent with these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CORTIVA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CORTIVA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify, and hold harmless Cortiva, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party rights, including without limitation any intellectual property or privacy right; or (d) any claim that Your Content caused damage to a third party.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], Australia, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Cortiva shall be brought exclusively in the courts located in [Your City], Australia.
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website or through the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
These Terms constitute the entire agreement between you and Cortiva regarding the Service and supersede all prior agreements and understandings, whether written or oral.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without your consent.
If you have any questions about these Terms, please contact us at:
Cortiva Pty Ltd
Email: info@cortiva.com.au
Website: www.cortiva.com.au
