Terms of Service

Spacio Inc. (“Spacio”/”we”/”us”) owns and operates certain technology, including without limitation the website, www.spac.io (the “Website”), mobile applications available for download to Android, iPhones and other supported platforms (the “Spacio App”) and other products and services which may be offered from time to time (collectively the “Spacio Services”). By using the Spacio Services, you agree to be bound by these Terms of Service and agree that these Terms constitute a binding contract between you and Spacio.

BY DOWNLOADING THE SPACIO APP AND/OR OTHERWISE USING THE SPACIO SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND CONFIRM THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SPACIO SERVICES OR DOWNLOAD AND USE THE SPACIO APP. IF YOU ARE YOUNGER THAN 13, PLEASE COME BACK TO USE THE SPACIO SERVICES WHEN YOU ARE OLDER.

THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SPACIO SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SPACIO SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.

1. USER CATEGORIES

The Spacio Services may be used in different ways by different categories of users. Through your use of the Spacio Services, you will be categorized as one of the following:

“Brokerage” – if you are a real estate brokerage, or similar organization, using the Spacio Services with member real estate agents holding sub-accounts;
“Agent” – if you are an individual real estate agent using the Spacio Services under your own account, or through a sub-account from a Brokerage;
“Developer” – if you are a property developer, or similar organization, using the Spacio Services in a sales center environment; or
“Visitor” – if you are an individual attending an open house or sales center hosted by one of the above, and providing information through the Spacio Services.

2. YOUR ACCOUNT/INFORMATION YOU PROVIDE

You are not required to create a user account or provide any personal information in order to visit the Website but in order to use certain features of the Spacio Services you must register for an account. By providing any personal information to us (for example, when you create a user account), you are doing so on the terms of our Privacy Policy which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used.

In connection with your account, you are solely responsible for (i) your account and the maintenance, confidentiality and security of your account and all passwords related to your account; and (ii) any and all activities that occur under your account, including all activities of any persons who gain access to your account, with or without your permission (which, for a Brokerage account, includes all Agent sub-accounts).

You agree to immediately notify us of (i) any unauthorized use of your account, any service provided through your account or any password related to your account, or (ii) any other breach of security with respect to your account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your account.

You agree to provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate. You agree we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy.

For greater clarity, Visitors will not be required to create an account.

3. LICENSE GRANT

The Spacio Services and all other programs, text, graphics, files and other content created by us are owned by us and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms and conditions of these Terms of Service, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, non-commercial right and license to download and use the Spacio Services. The Spacio Services are licensed to you; not sold. No other right or license of any kind is granted to you hereunder with respect to the Spacio Services, including but not limited to the right to use the Spacio name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein.

We reserve the right to change the form and nature of the Spacio Services we provide from time to time without prior notice to you. In addition, we may stop providing access to or aspects of the Spacio Services (or any features within the Spacio Services) and we may not be able to provide you with prior notice.

Any future release, update, or other addition to functionality of the Spacio Services will be subject to the terms of these Terms of Service. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of these Terms of Service.

4. MOBILE APP STORE TERMS

The following additional terms and conditions apply to you if you download the Spacio App from the Apple App Store, Google Play or any other app store provider (“Third Party App Source”). To the extent the other terms and conditions of these Terms of Services are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 4, the more restrictive or conflicting terms and conditions in this Section 4 apply, but solely with respect to the Spacio App downloaded from the Third Party App Store.

You acknowledge and agree that:

This Agreement is concluded solely between Spacio and you and not with the Third Party App Source. Spacio not the Third Party App Source, is solely responsible for the Spacio App and the content thereof. To the extent this Agreement provides for usage rules for the Spacio App which are less restrictive or in conflict with the Third Party App Source Terms of Service, the more restrictive or conflicting Apple term will take precedence and will apply.
The Third Party App Source has no obligation whatsoever to provide any maintenance and support services with respect to the Spacio App.
The Third Party App Source, and the Third Party App Source’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the Third Party App Source will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

5. RESTRICTIONS ON USE OF THE SERVICE

We reserve the right at all times to terminate user accounts if we believe or have reason to believe that you have violated these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Service, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (d) protect the rights, property or safety of our users and the public.

In using the Services you shall not:

copy any content unless expressly permitted to do so herein;
upload, transmit or otherwise make available any material that:

is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Spacio Services or that of any users or viewers of the Spacio Services or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Spacio Services or impersonate another person or organization;
interfere with or disrupt the Spacio Services or servers or networks connected to the Spacio Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Spacio Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Spacio Services except as provided herein; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Spacio Services or any software provided as part of the Spacio Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Spacio Services in a manner that utilizes the resources of the Spacio Services more heavily than would be the case for an individual person using a conventional web browser or a conventional device to access the Spacio Services. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

6. YOUR CONTENT

The Spacio Services may contain various communication services and/or allow you to upload, submit or otherwise post content. We do not claim ownership of any content that you post, upload, input, provide, submit or otherwise transfer to us, or any third party, using the Spacio Services (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party using the Spacio Services, whether or not through use or, or associated with, your account:

you will be deemed to have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to provide the Spacio Services as may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Terms of Service;
you will be deemed to have thereby confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above; and
you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Spacio Services to you or others, including by way of aggregation or analytics which Spacio may provide to you or others from time to time, subject always to your license to us set out above, even if you delete your account to which Your Content is connected. If permitted by the functionality of the Spacio Services, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.

With respect to Visitor content, including personal information (“Visitor Content”), you acknowledge and agree that:

all Visitor Content will be subject to, and dealt with in accordance with, the Privacy Policy;
all Visitor Content will be collected through and associated with a particular Agent or Developer account, and such Agent or Developer will have full access to view and use such Visitor Content;
where an Agent’s account is a sub-account of a Brokerage, such Brokerage will by default have access to aggregated information based on Visitor Content only, unless and until such Brokerage certifies to Spacio that it has consent of its Agents to access additional Visitor Content; and
where an Agent transfers a sub-account of a Brokerage into an Agent’s own individual account, such associated Visitor Content may be transferred to the Agent’s own individual account.

7. THIRD PARTY CONTENT

The videos, articles and other content made available on third party websites or by parties other than you using the Spacio Services (“Third Party Content”) may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under copyright law exemptions. Nothing in your use of the Spacio Services or these Terms of Service grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Spacio Services as set out herein.

8. COPYRIGHT INFRINGEMENT PROCEDURE

If you wish to make a claim of copyright infringement, you must provide us with notification by sending the following information via email to using the following format:

Include a statement telling us that you have found content distributed via the Services which you believe infringes your copyright (for example, "I believe that the content identified below infringes my copyright").
Tell us which country your copyright applies to.
Tell us the title of the content concerned and the full URL for its page (if applicable).
Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire content is a copy of an original work made by you, etc.)
Identify the type (and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
Let us have contact information so that we can get in touch with you (email address is preferred).
Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the notice, in English, to the following address: Attn: Spacio Copyright Infringement Notification Email: support@spac.io.

9. THIRD PARTY WEBSITES, SOFTWARE AND SERVICES

The content, products and services available via the Spacio Services include materials from non-affiliated third parties. The third parties that contract with us are independent, and are not our agents. If there are links on the Website or provided within the Spacio Services, such links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third party websites, including without limitation the websites that offer videos, articles or other content that you choose to save to the Services. We are not responsible for examining or evaluating any third party content. You understand and agree that we do not warrant and shall not be liable for any third party materials or websites. You also agree that you will not use any third party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

10. FEEDBACK

If you provide us with any suggestions, comments or other feedback relating to any aspect of the Spacio Services ("Feedback"), we may use such Feedback in the Spacio Services. Accordingly, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) we (including all of our successors and assigns and any successors and assigns of any of the Spacio Services) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any way; and (d) you are not entitled to receive any compensation or re-imbursement of any kind from us or any of the other users of the Spacio Services in respect of the Feedback.

11. ADVERTISING

The Spacio Services may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Spacio Services, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that we shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Spacio Services and acknowledge that such access may involve third party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Spacio Services. It is your responsibility to ascertain whether any information or materials downloaded from the Services are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

12. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS

THE SPACIO SERVICES AND ALL MATERIALS PROVIDED BY US (INCLUDING THE SPACIO APP) ARE PROVIDED “AS IS.” SPACIO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPACIO SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SPACIO DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE SPACIO SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR SPACIO APP, OR INTEGRATED THROUGH ANY API, AND SPACIO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SPACIO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SPACIO SERVICES. SPACIO ALSO DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OF THE SPACIO SERVICES OR THE AVAILABILITY OF ANY CONTENT THROUGH THE SPACIO SERVICES.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SPACIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE SPACIO SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SPACIO SERVICES; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SPACIO SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES; OR (E) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SPACIO SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SAPCIO SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF SPACIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

IF YOU ARE AN AGENT, BROKERAGE OR DEVELOPER, YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL AT ALL TIMES REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL PRIVACY, DATA PROTECTION AND ANTI-SPAM LAWS APPLICABLE TO YOUR RETENTION AND USE OF ANY AND ALL VISITOR INFORMATION COLLECTED THROUGH THE SPACIO SERVICES OR OTHERWISE.

YOU SHALL INDEMNIFY AND HOLD SPACIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SPACIO SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE.

IF YOU ARE A VISITOR, YOU HEREBY WAIVE ANY CLAIM YOU MAY NOW HAVE OR MAY HAVE AT ANY TIME IN THE FUTURE AGAINST SPACIO REGARDING YOUR USE OF THE SPACIO SERVICES, OR ANY USE OF YOUR CONTENT, INCLUDING YOUR PERSONAL INFORMATION, BY ANY AGENT, BROKERAGE OR DEVELOPER, AND YOU HEREBY ACKNOWLEDGE THAT SPACIO IS NOT AND WILL NOT BE RESPONSIBLE IN ANY WAY OR ANY UNDER THEORY OF LAW FOR ANY SUCH ACTION OF ANY AGENT, BROKERAGE OR DEVELOPER.

15.TERMINATION

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Spacio Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms of Service or any other agreement that you may have with us; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Spacio Services (or any part thereof); (e) unexpected technical, security or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Spacio Services may result in the deletion of all of Your Content, and we will not be obligated to provide any backup or retrieval of Your Content. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the Spacio Services or for the removal of any of Your Content in the Spacio Services. Any termination of these Terms of Service by us shall be in addition to any and all other rights and remedies that we may have.

16. AVAILABILITY & UPDATES

We may alter, suspend, or discontinue the Spacio Services at any time and for any reason or no reason, without notice. The Spacio Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Spacio Services without notice.

17. SECURITY

Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Spacio Services or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Spacio Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

18. GENERAL

These Terms of Service, together with our Privacy Policy published on the Website and made available through the Spacio Services, and any additional provisions contained in any forms you may agree to through the Spacio Services, constitutes the entire agreement between the parties relating to the Spacio Services and all related activities. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. These terms are governed by the laws of the Province of British Columbia, Canada. The Spacio Services may be accessed outside of Canada and the USA and we make no representations or warranties about the legality or appropriateness of the Spacio Services in your jurisdiction. Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

If you have any questions or concerns about these Terms or the Services, please contact us at: support@spac.io.

Last Updated: May 5, 2016