Terms of Use
Last updated July 15, 2024.
Ownwell Technologies Inc. (“Ownwell”, “we”, “us” or “our” as the context dictates) is a Canadian company that helps mortgage professionals increase client engagement by allowing them to provide their clients with valuable insights on how to manage their home and mortgage. The terms set out below (these “Terms of Use”, and in combination with our Privacy Policy, which are incorporated by reference and available on our website, are our “Terms”) govern your use of Ownwell’s application (“App”), website or subdomains (“Website”) (collectively, the “Service”).
Please read our Terms (especially the clauses about liability and dispute resolution and class action waiver) carefully since they are legally binding. By using the Service, you confirm that you accept our Terms, agree to abide by them, and you are giving us permission to contact you as set out further herein. Please note that these Terms are subject to change from time to time.
If you do not agree to our Terms, please do not use our Service. If you need clarification on the Service, contact us at support@ownwell.ca.
Your use of the Service shall be a clear acknowledgment that you agree with our Terms.
Understanding Our Role
You (the “Mortgage Professional”, “you” or “your” as context dictates) can leverage our Services for the purposes of sending a personalized homeownership report (“Digest”) to your clients (each a “Client”). Our Services provide you with the ability to offer content to your clients regarding their home and mortgage. However, you, the Mortgage Professional, and your Clients are responsible for compliance with any applicable laws and rules set out by governmental and regulatory authorities, including Canada’s Anti-Spam Legislation (CASL).
We provide the Service in our own personal or corporate capacities, and should not be considered an agent or representative of a Mortgage Professional, a Client, or a lender.
The “User” in these Terms of Use refers to the person who is subscribing to our Service acting solely for the person’s own benefit or acting on behalf of others (e.g., a company that originates mortgages). If you are using the Service on behalf of an organization, you agree to our Terms on behalf of that organization and represent you have the authority to bind that organization to the terms contained herein.
Account Credentials – Management and Incidents
Your access to our Services requires you to register and create an account on the Website. Once your account is created, you must keep your account credentials confidential and may not share your account credentials with others. You must inform us immediately if your account has been compromised (e.g., you think someone may be able to use the Service using your credentials or a virus or other malware on your computer is impacting your ability to log in to our Website). If we suspect any unauthorized access to your account or if we see or suspect suspicious activity in relation to your account, we retain the right, but do not have the obligation, to suspend your account and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required. We will not be responsible for the actions of another person if you do not notify us in a timely manner about the vulnerabilities posed to you. If any communication you receive from us looks suspicious or has links that you do not expect, please do not open or click through. Instead, email us at support@ownwell.ca.
Cancellation
You may decide at any time to cancel your account by contacting us at support@ownwell.ca. We reserve the right to suspend, and if deemed appropriate, cancel your right to use the Service. The Fees (as defined below) paid for Services will not be refunded for a cancellation prior to the end of the then current billing cycle.
Fees and Payment
Mortgage Professionals pay a subscription fee to use Ownwell, subject to the conditions in these Terms of Use. Additional pay-per-use services are available as part of the Services.
Promotions: From time to time, Ownwell may, at its sole discretion, offer certain promotions related to the Services. The rules with respect to any promotion will be specified within the App or on the Website and you agree to follow such rules in order to participate in any of the promotions. Ownwell reserves the right, in its absolute discretion, to withdraw or modify a promotion at any time without prior notice and with no liability.
Payment Card Authorization: Ownwell may seek pre-authorization of a Mortgage Professional’s payment card account prior to your purchase of the Services in order to verify that the card is valid and has the necessary funds or credit available to cover your purchase. You authorize such payment card account to pay any amounts described on the Ownwell billing page, and authorize Ownwell to charge all sums described in these Terms to such card account. You agree to provide Ownwell updated information regarding your payment card account upon Ownwell’s request and any time the information earlier provided is no longer valid.
Electronic Invoice: In some cases where Ownwell may need to issue an invoice for Services, the Mortgage Professional will be issued an electronic invoice for payment of the Fee of the next payment interval. Mortgage Professionals must pay the invoice by the due date indicated on the invoice.
We retain the right to modify the Fees and will notify you of any changes in fees applicable to you.
If we terminate, suspend or remove your account for any reason, including your violation of our Terms, we are not obligated to compensate you in any manner.
Representations, Warranties, and Covenants
You acknowledge and agree that:
You are 18 years old or older;
You have the authority to bind yourself, or such other party which you may be representing, to our Terms;
Your use of the Service shall only be for purposes that are permitted by these Terms, and;
You will comply with all applicable laws, including regulatory requirements and government orders of any kind applicable to your use of the Service and handling of Client data.
You promise that you shall not directly or indirectly:
Take any action, including placing statements, logos, or trademarks, which gives the impression to a person that another party created the Services we provide;
Register for more than one account when using our Service;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of the Service;
Use or allow the use of the Service for any purpose other than what is authorized by us;
Damage, disable, overburden or impair any part of the Services, including our servers or network, or interfere with any other party’s use and enjoyment of the Service;
Access the Service in order to build a commercially available product or service which competes with the Service;
Copy any features, functions, integrations, interfaces or graphics which are part of the Service;
Violate any laws;
Make statements, on any part of the Service on any topic associated with us, which could reasonably be considered false or misleading;
Willfully tamper with the security of the Service, including attempting to probe, scan or test the vulnerability of the Service or to breach its security or authentication measures;
Transmit any information, through the Service in any other manner, which may be: (i) unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (ii) in violation of a third party’s rights in inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof, trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; the protection of works of authorship or expression and copyright (whether or not registered), trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages (“Intellectual Property Rights”) or is subject to Intellectual Property Rights; (iii) refutes or is contrary to what is set out anywhere in the Service; (iv) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (v) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (vi) violates the privacy of any third party; or;
Attempt to gain unauthorized access to the Service or our computer systems or networks through hacking, password mining or any other means.
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the above. We may suspend, modify or terminate your use of the Service immediately at our sole discretion.
Rights and Ownership
Rights in our Intellectual Property: Ownwell and its licensors own all Intellectual Property Rights in the Service including applicable copyrights, patents, trademarks and other proprietary rights. Other than usage rights, you don’t have any rights of any kind in our Service. Our Terms do not transfer any intellectual property between you and us, and we reserve all rights that are not expressly granted under our Terms.
Your Account and Use of the Service: Your Ownwell account is for your own use only and you must not share your account details with any other person. You are responsible for any activity using your account credentials. You agree to keep your password and other account details confidential. You will not provide any other person with access to our Service or any part of the Service using your login credentials.
Third Party Services: Certain features of the Service require access to third party services, applications, or websites (collectively, “Third Party Services”) that we do not operate. Use of Third Party Services is governed by their terms of use and privacy policies. By using a Third Party Service, you agree to be bound by their terms and conditions.
Third Party Materials: The Service may include Third Party Materials, which are owned by their respective owners and are subject to their own terms and conditions. We are not responsible for any Third Party Materials made available via the Service.
Compliance with Canada's Anti-Spam Legislation (CASL)
As a Mortgage Professional using Ownwell’s Services, you are responsible for ensuring compliance with Canada’s Anti-Spam Legislation (CASL) when sending personalized homeownership reports (Digests) to your Clients. This includes obtaining the necessary consents from Clients before sending commercial electronic messages and including required identification and unsubscribe mechanisms in your communications. Ownwell is not responsible for any non-compliance with CASL by Mortgage Professionals using our Services.
Responsibility for Data Accuracy in Personalized Reports
Ownwell provides estimates and insights in personalized homeownership reports (Digests) based on available data. While we strive for accuracy, data quality may vary, and the insights provided are directionally correct but may sometimes be inaccurate. Mortgage Professionals are responsible for reviewing and validating the content of the Digests before sending them to Clients. Ownwell is not liable for any inaccuracies in the data or insights provided in the Digests.
Disclaimer and Limitation of Liability
To the fullest extent permitted by law, Ownwell disclaims all warranties, express or implied, regarding the Service, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and title. The Service is provided "as is" and "as available" without any warranty of any kind.
In no event will Ownwell be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the use or inability to use the Service, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if Ownwell has been advised of the possibility of such damages.
Ownwell's total liability to you for any claims arising out of or related to the Service shall not exceed the amount paid by you to Ownwell for the use of the Service in the 12 months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless Ownwell, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights of any third party.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be resolved exclusively in the courts of British Columbia, Canada.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By entering into these Terms, you and Ownwell are waiving the right to a trial by jury or to participate in a class action.
Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms constitute the entire agreement between you and Ownwell regarding the use of the Service and supersede any prior agreements between you and Ownwell relating to the Service.
By using the Service, you agree to be bound by these Terms. If you have any questions about these Terms, please contact us at support@ownwell.ca.