Last updated on May 29, 2019
NO EMERGENCY CALLING: DO NOT USE THE OUTBOUND CALLING SERVICE TO CALL EMERGENCY SERVICES. YOU MUST HAVE ALTERNATIVE COMMUNICATIONS SERIVCES AVAILABLE TO PLACE EMERGENCY CALLS.
THE CALLING SERVICES ARE NOT A SUBSTITUTE FOR TRADITIONAL WIRELINE OR WIRELESS SERVICES AND YOU AGREE THAT YOU WILL NOT USE THE OUTBOUND CALLING SERVICE TO PLACE EMERGENCY 911 CALLS.
THE TEXT MESSAGING SERVICE ENABLES CONSUMERS TO SEND MESSAGES TO OTHER CONSUMERS. NOTE THAT TEXT-TO-911 FUNCTIONALITY IS AVAILABLE IN LIMITED LOCATIONS THROUGHOUT THE U.S. PLACING EMERGENCY CALLS TO 911 IS NORMALLY A BETTER OPTION.
ProPM, Inc. (“ProPM,” “we,” “us,” or “our”) is a Canadian property management company that provides technology-enabled services, software applications, and support tools designed to improve the efficiency, transparency, and quality of residential and commercial property management. These services may include tenant communication platforms, maintenance request systems, digital record-keeping, vendor management tools, and other web-based or mobile applications (collectively, the “Products and Services”).
These Terms and Conditions (referred to as “T&C” or “T&Cs”) govern your access to and use of ProPM’s Products and Services, as well as all information, data, documents, text, graphics, photographs, or other materials uploaded, downloaded, or appearing within these services (collectively referred to as “Content”), whether user-generated or provided by ProPM or third parties.
By accessing or using any of our Products and Services, or by clicking "Register," "Agree," "Sign Up," or any similar language during the onboarding process, you are agreeing to be legally bound by these Terms and Conditions and our [Privacy Policy]—together referred to as the “User Agreements.”
Please read these Terms and Conditions carefully, as they form a binding legal contract between you and ProPM.
By using our services, you also represent and warrant that:
If at any point you disagree with these User Agreements, or any amendments or updates, or if you are dissatisfied with our Products and Services, your sole remedy is to discontinue use. You may delete your account and uninstall any related applications. For support or to terminate your account, please contact us at support@pro-pm.ca.
The T&Cs and the User Agreements constitute the entire agreement between ProPM and you concerning the subject matter herein, and the T&Cs or the User Agreements can only be modified by a written amendment signed by an authorized executive of ProPM, or by Our posting of a revised or amended version of the T&Cs or the relevant User Agreements.
Neither a course of dealing or conduct between you and ProPM, nor any trade practices, shall be deemed to modify these T&Cs or the User Agreements.
You agree that any notice, agreements, disclosure, or any other communications that We send you electronically (including via text and email) pertaining to the Products and Services will satisfy any legal communication requirements, and that it is your responsibility to maintain accurate user contact information. Your failure to update such contact information such that notices We send are not received by you will not change the effective date of any material changes described herein.
We may revise and update these T&Cs or the User Agreements at any time and, for non-material changes, without notice by publishing the new T&Cs. Such non-material changes will be effective upon publication.
To the extent that any of the changes to these T&Cs or Our User Agreements constitute material changes, We will provide you specific notice of such changes through a notice posted in the Products and Services. The effective date of such material changes will be provided for in Our communication to you.
Your continued use of the Products and Services after the effective date will constitute your explicit acceptance of the revised or amended material changes to these T&Cs, or Our User Agreements, or the websites associated with Our Products and Services.
The version of the T&Cs most currently published supersedes any prior T&Cs, and can be viewed at:
http://www.pro-pm.ca/terms
YOU MAY USE OUR PRODUCTS AND SERVICES ONLY IF YOU HAVE THE LEGAL CAPACITY TO FORM A LEGALLY BINDING CONTRACT WITH PROPM, WHICH INCLUDES, BUT IS NOT LIMITED TO, AGE RESTRICTIONS AS DEFINED BY RELEVANT LAW. IF YOU DO NOT SATISFY THE RELEVANT LEGAL CAPACITY REQUIREMENTS UNDER APPLICABLE LAW OR DO NOT AGREE TO THE TERMS OF SERVICE BELOW, YOU MAY NOT USE THE PROPM WEBSITE, PRODUCTS OR SERVICES, OR DOWNLOAD ANY PRODUCTS OR SERVICES.
You must be at least the legal age of majority in your jurisdiction to enter into and accept the T&C. If you are under the legal age of majority but above the minimum legal age to use online services, you must have your parent or legal guardian enter into this T&C and obtain their permission to use or purchase any Products and Services and to accept these T&Cs.
By accepting this T&C, you represent that you meet the age and legal capacity requirements under applicable law and that the T&Cs constitute a valid, binding agreement between you and Us.
If you are under the minimum legal age permitted in your jurisdiction, you must not access or use Our Products or Services.
If We become aware that you are using any of the Products and Services in violation of the above, or in violation of other provisions in these T&Cs, We reserve the right to delete your account or otherwise restrict your access to the Products and Services.
If you are aware of someone using Our Products and Services without meeting these requirements, please contact us at support@pro-pm.ca.
A key component to Our Products and Services include advertisements, which may be targeted to the Content or information you provide, the Products and Services you use, other information generated by your use of the Products and Services, or from third party sources. The types and extent of advertising are subject to change. In consideration for your use and access to the Products and Services, you agree that We and our third party providers and partners may advertise in conjunction with your use of the Products and Services subject to the restrictions herein and in Our Privacy Policy.
You acknowledge and agree with ProPM’s policy to provide you with advertisements, including targeted advertisements, either directly or through its partnerships with advertisement providers, such as ad networks (hereinafter referred to as “ProPM Commercial Partners” or “Commercial Partners”), to be displayed on any device you use to access and operate the ProPM Products and Services.
You further acknowledge and agree that ProPM cannot be held liable for any characteristics of the advertisements displayed by ProPM or any of Our Commercial Partners, including their accuracy, appropriateness, or compliance with any rules or regulations that may apply in your jurisdiction.
If you subscribe to any ProPM Product or Service that includes a “lifetime no ad” or “no ad” feature, ProPM’s right to serve advertisements will be suspended during your personal use of the specific product to which the ad-free subscription applies.
However, you acknowledge that ProPM’s right to advertise will remain in full effect on all other Products and Services not covered by the specific “lifetime no ad” or “no ad” subscription to which you are subscribed.
You agree to receive commercial messages from ProPM or ProPM Commercial Partners on any device you use to access and operate ProPM Products and Services. These messages may be based on characteristics derived from information explicitly or implicitly provided by you to ProPM, such as your location, and will be treated in accordance with Our Privacy Policy.
You consent to allow ProPM to associate personal information such as contact names, aliases, telephone numbers, emails, or any unique identification tags from your device with the messages you send and receive, provided that ProPM will not use such information for any other purpose, except as disclosed in these T&Cs and in Our Privacy Policy.
You further consent to the disclosure of such information to legal authorities as required or permitted under applicable law, these T&Cs, and Our Privacy Policy.
Commercial messages are defined as messages sent to your ProPM telephone number, account, or email address for the purpose of promoting ProPM’s or its Commercial Partners’ products and services.
Commercial messages sent by ProPM or its Commercial Partners to your email address will include a one-click opt-out option and will otherwise comply with all relevant legislation applicable to commercial communications, including anti-spam and data protection laws.
To the extent that administrative messages are sent by ProPM to any group members regarding the use or cancellation of group-based services, these communications shall be deemed normal business communications under applicable law.
Subject to these T&Cs and our relevant User Agreements, ProPM hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Content, Products, and Services.
All Products and Services are licensed, not sold, to you.
You acknowledge that your use of this license is subject to these T&Cs and Our User Agreements. If you fail to comply with any of these limitations, ProPM may terminate the license immediately and without notice, at no cost to Us and without any liability to Us.
You agree not to use the Content or any Products and Services beyond the scope of the license granted in these T&Cs and the relevant User Agreements. Without limiting the foregoing and unless expressly permitted, you shall not, directly or indirectly:
ProPM reserves all rights not expressly granted to you under these T&Cs and the relevant User Agreements. Except for the limited rights and licenses granted, nothing herein shall be interpreted as conferring to you or any third party any rights, title, or interest in the Content or the Products and Services — whether by implication, waiver, estoppel, or otherwise.
Third-Party Products and Services
ProPM may distribute certain third-party products and services together with Our Products and Services. Such third-party products are subject to their own license terms, which will be presented to you at the time of use. If you do not agree to abide by those third-party terms, you may be unable to use those third-party products and, in some cases, Our Products and Services may also become unavailable to you.
The Content, Products, and Services provided by ProPM (including, but not limited to: all data, software, intellectual property, designs, images, audio, video, and business processes) are protected by intellectual property laws, and constitute the sole and exclusive property of ProPM. These rights are protected under Canadian and international laws.
You may use the Content, names, and other intellectual property (including copyrights and trademarks) provided by Us only for purposes directly related to your role as a current or prospective customer of ProPM Products and Services.
You may not copy, display, modify, or use any of the names, logos, or trademarks associated with Our Products and Services — including but not limited to those related to ProPM, FreeTone, or TopTopUp — for commercial or non-commercial purposes without first obtaining prior express written permission from an authorized representative of ProPM.
You are not authorized to use ProPM trademarks in any advertising, publicity, or in any other commercial or public context without Our prior written consent, or except as otherwise explicitly permitted under Our User Agreements.
You are not permitted to copy, alter, or reuse any of the designs, notices, logos, or proprietary elements belonging to ProPM or its Commercial Partners, including any that appear in or on Our websites, mobile applications, or associated Products and Services.
By generating, downloading, uploading, or transmitting any content using ProPM Products and Services, you affirm that you have the full legal and moral rights to use that content within the scope of the Services, and you grant ProPM a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute such content in any manner ProPM deems appropriate in connection with the operation of its Products and Services.
Any opinions or expressions contained in content generated, uploaded, downloaded, or transmitted by you via ProPM Products and Services are your sole responsibility and reflect your personal views only. You acknowledge and agree that ProPM cannot be held liable for any such opinions or content created by you or others.
ProPM reserves the right to remove any content from its Products and Services at its sole discretion and with no liability to you or any third party. You further acknowledge that ProPM is not liable for any failure to remove content, whether or not that content violates these T&Cs or other agreements.
We provide the following separate services, each of which may have distinct conditions as described in these T&Cs or in the relevant User Agreements:
With the Inbound Service, you will be assigned a phone number that enables you to receive incoming calls from the public switched telephone network (PSTN) as well as from other users of Our Products and Services.
You affirmatively opt into the Inbound Service when you agree to be assigned a phone number. This service can be used independently of the Outbound Service if you choose not to subscribe to that feature.
You may opt out of the Inbound Service by visiting the Settings within Our Products and Services.
To access the Inbound Service, a network connection of at least 64 kbps is required; however, a broadband connection is not required.
With the Outbound Service, you can place calls to:
You opt in to the Outbound Service by placing an outbound call. This service can be subscribed to independently of the Inbound Service.
You may opt out via the Settings within Our Products and Services.
The minimum network requirement is a 64 kbps connection, with no broadband internet access necessary.
You may elect to use and subscribe to both the Inbound and Outbound Services. The same 64 kbps minimum network connection applies, and broadband is not required for either.
You acknowledge and agree that the Inbound and Outbound Services—used separately or together—do not replace your wireline or wireless phone service. These services do not provide access to voice transmission networks traditionally offered through telecommunication carriers.
The Texting Service allows you to send and receive:
Functionality may be subject to carrier limitations or applicable fees.
The In-App Service enables messaging and calling functionality between users of ProPM’s Products and Services. This service operates over data and does not rely on traditional telephony infrastructure.
To provide Our Products and Services, ProPM may send service announcements, administrative messages, or system communications. By downloading or using any of Our Products and Services, you agree to receive such communications.
Please note: Charges may apply from your telephone carrier, internet service provider, or third-party service providers. These charges are not included in any subscription fees you pay to ProPM, nor are they covered by any earned credits. Such third-party costs are your sole responsibility.
Where specific terms apply only to a particular service (e.g., Inbound Service, Texting Service), those terms will be explicitly identified in these T&Cs or the applicable User Agreements.
Unless otherwise stated, all general T&Cs apply uniformly to all services offered under the ProPM brand.
YOU ACKNOWLEDGE AND AGREE THAT THE OUTBOUND SERVICE DOES NOT ALLOW FOR 911 OR EMERGENCY CALLING. YOU ACKNOWLEDGE AND AGREE THAT EVEN IF SUCH CALLS COMPLETE, WHICH THEY MAY NOT, SUCH CALLS MAY NOT BE ROUTED TO THE APPROPRIATE EMERGENCY CALLING CENTER, THAT THE EMERGENCY CALL TAKER MAY NOT AUTOMATICALLY RECEIVE YOUR TELEPHONE NUMBER OR ANY TELEPHONE NUMBER SUCH THAT THE EMERGENCY CALL TAKER WILL NOT BE ABLE TO CALL YOU BACK, AND MAY NOT RECEIVE ANY INFORMATION OR DATA WITH RESPECT TO YOUR LOCATION. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE OUTBOUND SERVICE FOR EMERGENCY CALLS AND THAT THE OUTBOUND SERVICE IS NOT INTENDED TO REPLACE TRADITIONAL WIRELINE OR WIRELESS CALLING SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ISSUES WITH RESPECT TO RELYING ON THE OUTBOUND SERVICE FOR EMERGENCY CALLS AND FOR ANY THIRD PARTIES THAT MAY RELY ON IT FOR EMERGENCY CALLS.
This provision applies exclusively to the use of the Outbound Service within Canada and contains important details regarding 9-1-1 emergency services.
VoIP (Voice over Internet Protocol) services allow users to make and receive telephone calls over the Internet to and from the public switched telephone network. While VoIP calls may appear similar to traditional telephone calls, they are fundamentally different in certain ways. You acknowledge and agree that VoIP services, including those provided by ProPM, have unique limitations, particularly with respect to 9-1-1 emergency services, which may not operate in the same manner as conventional telephone systems.
When placing a 9-1-1 call using ProPM’s VoIP-based Outbound Service, the system will attempt to route the call through a third-party service provider to a Public Safety Answering Point (PSAP). In many cases, your call may be directed to a third-party emergency call center rather than directly to a local PSAP. As a result, you may be required to manually provide your name, location, and contact number to the dispatcher during the call.
You understand and acknowledge that the dispatcher answering your emergency call may not be able to automatically access or retain your name, telephone number, or physical location. Therefore, it is your responsibility to immediately communicate your location and any other critical information. If you are unable to speak or the information is unavailable, emergency services may not be able to locate you.
Do not disconnect a 9-1-1 emergency call unless explicitly instructed to do so by the dispatcher, as they may not be able to call you back. If the call is disconnected unintentionally, you must redial the emergency number without delay.
Due to network limitations or congestion, a 9-1-1 call placed via VoIP may result in a busy signal, or may take longer to connect than a traditional emergency call.
Further, 9-1-1 calling functionality may fail under various circumstances, including but not limited to: power outages, failure of your service access device, Internet service disruption, incorrect configuration of your VoIP equipment, suspension or termination of your ProPM account due to billing issues, or general network outages. In these situations, you may be required to reset or reconfigure your system access equipment to resume VoIP services, including 9-1-1 functionality.
You are strongly advised to consider maintaining an alternate means of accessing emergency services, such as a mobile phone or landline, particularly for use in situations where VoIP service may be unavailable.
By using ProPM’s VoIP Outbound Service, you also accept responsibility for informing any individuals who may use your VoIP service of the limitations associated with 9-1-1 calling described herein.
Please note that the Outbound Service offered by ProPM is not intended for emergency calling of any kind, including emergency text messaging to 9-1-1 services. While some jurisdictions (such as the United States) may permit limited text-based access to emergency services, ProPM does not operate or provide services in the United States, and therefore any references to 9-1-1 SMS functionality in that region do not apply to users of ProPM’s Products and Services.
It is a violation of these Terms and Conditions to rely on the Outbound Service for emergency communications, including attempts to reach 9-1-1 or any local equivalent via voice or text. ProPM’s Outbound Service is not a substitute for traditional wireline or mobile emergency calling services, and users are strictly advised to use alternative means to access emergency assistance in their region.
Relying on the Outbound Service or Texting Service as your exclusive means of access to emergency services is a violation of these Terms and Conditions.
You acknowledge and agree that ProPM will not be liable for any service outage or inability to connect with 9-1-1 or other emergency personnel resulting from the technical limitations of emergency dialing or messaging as described in these T&Cs and the relevant User Agreements.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PROPM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMERCIAL PARTNERS, AND UNDERLYING CARRIERS (COLLECTIVELY, THE “PROPM PARTIES”) SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, ACTIONS, INJURIES, DEATHS, OR DAMAGE TO PERSONS OR PROPERTY ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION, INFERIOR PROVISION, OR NON-PROVISION OF 9-1-1 OR EMERGENCY SERVICES.**
This includes, without limitation:
You expressly agree to indemnify, defend, and hold harmless the ProPM Parties from any and all liabilities, claims, losses, or damages arising from or related to:
When you elect to subscribe to the Inbound Service, a telephone number may be assigned to your account by ProPM for the purpose of accessing and using Our Products and Services. You agree to comply with all applicable local, provincial, federal, and international laws or regulations that may govern your use of the telephone number assigned to you.
You acknowledge and agree that any telephone number assigned to your account by ProPM is not guaranteed to be portable outside of the Products and Services. Number portability, where permitted, is subject to ProPM’s explicit written consent and may incur additional fees.
ProPM reserves the right to reclaim any telephone number assigned to your account and to discontinue its availability to you at any time, without notice, and without liability to ProPM.
In the event of termination or discontinuance of the Inbound Service for any reason, ProPM may reclaim the associated telephone number without notice and at no cost to ProPM.
In certain countries, the Texting Service may enable ProPM users to send and receive SMS and MMS messages at no additional charge to the user. However, availability and functionality may vary by region, and ProPM makes no representations or guarantees regarding the availability, performance, or terms of the Texting Service in countries outside of the regions where we officially operate.
You acknowledge and agree that ProPM reserves the right to suspend all or part of the Outbound Service, Inbound Service, or Texting Service without liability if your usage of the Products and Services is deemed inconsistent with normal use.
What constitutes normal use will be determined by ProPM, at its sole discretion, in a manner relevant to each individual service offering. In some instances, this may involve comparing your usage to:
However, ProPM retains sole discretion to evaluate and define normal use based on one or more such factors, or other undisclosed considerations, as it deems appropriate.
If it is determined that your usage violates these T&Cs or the relevant User Agreements, ProPM may take any of the following actions, at its sole discretion:
ProPM reserves the right, at its sole discretion, to charge fees for its Products and Services. ProPM may modify pricing, introduce new charges, or discontinue any Products or Services at any time, without prior notice.
However, ProPM is committed to disclosing applicable pricing to you at the time of purchase and before any transaction is completed. By continuing to use the Products and Services, you acknowledge and agree to be bound by the rates in effect at the time of your usage.
To use ProPM Products and Services, you are required to provide certain information about yourself (hereafter referred to as “Account Data”), which may include, but is not limited to: your name, telephone number, email address, location, device type, and a password that you create.
You are solely responsible for maintaining the safety, security, and confidentiality of your Account Data. This includes selecting a strong, unique password that is difficult for others to guess. We recommend using a combination of letters, numbers, and symbols that is unlike passwords used for other online services.
You represent and warrant that all Account Data you provide is truthful, accurate, complete, and not fraudulent. You agree to update your Account Data promptly as changes occur.
ProPM reserves the right to suspend your access to any or all Products and Services—temporarily or permanently, and at its sole discretion—if we suspect that your Account Data is false, inaccurate, incomplete, or associated with fraudulent activity.
You consent to the disclosure of your Account Data, Content, or related usage information in accordance with Our Privacy Policy, including when required to comply with applicable laws or lawful requests by authorities.
ProPM is not liable for unauthorized or fraudulent use of your Account Data, including cases resulting from lost or stolen devices. You agree to notify ProPM immediately upon becoming aware of any unauthorized access or misuse of your account.
When credits are used with the Outbound Service, Inbound Service, or Texting Service, they are applied in one-minute increments, rounded up to the next full minute regardless of the portion of the minute consumed.
The Inbound Service and Outbound Service are offered separately and are subject to independent payment terms. ProPM does not offer bundled pricing, discounts, or preferential rates for users who subscribe to both services. Each service must be subscribed to independently, although you may choose to use them together.
Per-call or per-text fees will be clearly displayed at the time you use the Outbound Service or the Texting Service.
In certain cases, the Outbound Service may include unlimited outbound calling as part of a promotional or subscription-based offer. Any exclusions or limitations—such as restrictions based on destination numbers, specific carriers, or geographical regions—will be explicitly disclosed in connection with the relevant offer.
You acknowledge and agree that ProPM reserves the right to limit, suspend, block, or restrict the Outbound Service and/or the Texting Service based on geography, destination number, call duration, frequency of use, or other criteria, at any time and at ProPM’s sole discretion.
We may offer access to certain ProPM Products and Services through subscription billing.
Subscriptions may be available in periodic intervals such as weekly, monthly, or annually. The applicable subscription interval and associated terms will be clearly displayed at the time you confirm your subscription. Once confirmed, your subscription will automatically renew at the end of each billing cycle unless it is canceled in accordance with the process described below.
To cancel a subscription, you must do so through your device’s respective app store platform:
Please note that subscriptions cannot be canceled directly within the ProPM app or website.
All subscriptions are billed on a prepaid basis. Each automatic renewal is deemed an acceptance of the subscription terms for the subsequent prepaid period. If you choose to cancel your subscription, access will remain active until the end of the current prepaid term. No refunds or pro-rated credits will be issued for canceled or unused portions of a subscription period.
For any questions related to your subscription, please contact us at support@pro-pm.ca.
We offer various enhanced Products and Services for purchase, which may be available through the App Store or iTunes (for iOS users), the Google Play Store (for Android users), or the Amazon Appstore (for Kindle users).
All payments are processed directly through the respective app store platforms. ProPM does not process payments directly, nor does it store your credit card or payment information on its servers.
ProPM is not responsible for any fraudulent use of your payment credentials. If a fraudulent charge is made using your Account Information, ProPM is not liable to issue a refund. You must contact your payment provider or the relevant app store (Apple, Google, or Amazon) to dispute or resolve the matter.
As between you and ProPM, you bear sole responsibility for any fraudulent or unauthorized use of your Account in connection with purchases made through Our Products and Services.
ProPM reserves the right, without liability of any kind, to modify, block, suspend, or terminate all or part of the Products and Services provided to you at any time, with or without cause, and with or without prior notice.
ProPM also reserves the right to periodically update, modify, or interrupt services as deemed necessary for operational, security, maintenance, or business reasons.
If at any time you do not agree with these Terms and Conditions or any other User Agreements, or if you are dissatisfied with any aspect of Our Products or Services, your sole and exclusive remedy is to discontinue your use.
You may do so by deleting your account and uninstalling the ProPM application from your device. If you need assistance, please contact us at support@pro-pm.ca.
By using ProPM's Content, Products, and Services, you agree to use them only for yourself, for lawful, non-commercial, non-solicitation purposes, and in full compliance with any applicable local, national, or international laws that govern your use.
You may only use the Content, Products, and Services in the ordinary course of use as a current or prospective customer.
Any content or material distributed by you or other users does not represent the views or opinions of ProPM or its employees. ProPM, at its sole discretion, may remove or refuse any content that it deems to be in violation of company policies, objectionable, or inappropriate. We also reserve the right to terminate or deny your access to any or all Products and Services at any time and without notice.
You agree not to use any automated tools or software to access or interact with the Products and Services in a manner that could impair, overload, or degrade their performance or availability. This includes—but is not limited to—any use of:
wget, apache bench, httpload, Xcode Automator, Android Monkey, and similar tools;You further agree not to:
You acknowledge and agree that violating these usage rules may result in suspension or permanent termination of your account, and that ProPM reserves the right to take enforcement action at its sole discretion.
You agree that you will not use the Outbound Calling, Inbound Calling, or Texting Services to engage in any of the following prohibited activities:
You agree not to use any automatic dialer or similar device in connection with the Outbound Service, nor to use any automated process to send or reply to text messages via the Texting Service.
You also agree not to send or initiate unsolicited communications, including but not limited to:
whether commercial or non-commercial in nature.
By using the Outbound Service and Texting Service, you agree that you will:
You acknowledge and agree that the Outbound Service and the Texting Service are not to be used for the solicitation of commercial activities of any kind.
You further acknowledge that the Telephone Consumer Protection Act (TCPA) in the United States prohibits placing commercial calls or sending commercial text messages without the recipient’s prior express written consent. The TCPA also restricts non-commercial calls and text messages to wireless subscribers without prior express consent.
If you are subject to U.S. jurisdiction or your communications reach U.S.-based recipients, you are solely responsible for ensuring compliance with the TCPA and all other applicable regulations.
You acknowledge and agree that, for the purposes of the TCPA and similar laws, you—not ProPM—are considered the initiator of any call or text message made or sent using the Products and Services. Accordingly, you bear full responsibility and liability for any alleged violations of the TCPA or similar laws arising from your use of the Outbound or Texting Services.
You acknowledge and agree that the Outbound Service may not be used for the solicitation of commercial activities, including but not limited to telemarketing.
Using the Outbound Service for telemarketing purposes constitutes a violation of these Terms and Conditions. If ProPM becomes aware that you are using the Outbound Service for telemarketing, we reserve the right to immediately terminate your access to the Outbound Service. We may also, at our discretion, terminate your access to all other Products and Services.
You acknowledge that telemarketing is regulated by federal, provincial, and other applicable laws, and that any violation may expose you to civil or regulatory liability.
For the purposes of applicable telemarketing laws and regulations, you are deemed the initiator of any such communication and bear exclusive responsibility for any non-compliant use of the Outbound Service in violation of these Terms and Conditions.
You agree to indemnify, defend, and hold harmless ProPM, including its related entities and subsidiaries, employees, agents, officers, directors, affiliates, licensors, successors, suppliers, service providers, content providers, third-party vendors, contractors, and Commercial Partners (collectively, the “Indemnified Parties”), from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees and legal costs, incurred by the Indemnified Parties and arising out of or related to:
Your use of and access to Our Content, Products, and Services is entirely at your own risk. You acknowledge and agree that all Content, Products, and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
PROPM, its related entities, affiliates, and subsidiaries, as well as its employees, agents, officers, directors, licensors, suppliers, service providers, content providers, third-party vendors, contractors, and Commercial Partners (collectively, the “ProPM Parties”), disclaim all warranties of any kind, whether express or implied. This includes, but is not limited to:
The ProPM Parties do not warrant that the Products or Services, or any associated software, will operate without failure, delay, interruption, error, omission, degradation of voice or messaging quality, or loss of content, data, or information.
You agree to use the Products and Services at your own discretion and risk, and you accept full responsibility for:
No advice or information, whether oral or written, obtained by you from ProPM or through the use of its Products or Services shall create any warranty not expressly stated in these Terms and Conditions.
Please note: Some jurisdictions may not allow disclaimers of certain warranties, and as such, some of the above disclaimers may not apply to you. Your rights may vary depending on your region.
EXCEPT FOR AN “IP CLAIM,” WHICH IS ADDRESSED SEPARATELY HEREIN, and to the maximum extent permitted by applicable law, neither ProPM, nor its related entities and subsidiaries, employees, agents, officers, directors, affiliates, licensors, suppliers, service providers, content providers, third-party providers, contractors, nor its Commercial Partners (collectively, the “ProPM Parties”) shall be liable for:
EXCEPT FOR AN “IP CLAIM,” IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE PROPM PARTIES arising from or related to this Agreement (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of:
To the maximum extent permitted by applicable law, the ProPM Parties also disclaim any responsibility for:
These limitations apply even if any limited remedy under this Agreement is deemed to have failed of its essential purpose.
To the extent that any disclaimer, exclusion, or limitation of liability is not permitted under the laws of your jurisdiction, you agree that any legally assessed liability against the ProPM Parties shall be limited to the lowest amount and narrowest scope permitted by applicable law in that jurisdiction.
EXCEPT FOR AN “IP CLAIM,” WHICH IS ADDRESSED SEPARATELY HEREIN, and to the maximum extent permitted by applicable law, neither ProPM, nor its related entities and subsidiaries, employees, agents, officers, directors, affiliates, licensors, suppliers, service providers, content providers, third-party providers, contractors, nor its Commercial Partners (collectively, the “ProPM Parties”) shall be liable for:
EXCEPT FOR AN “IP CLAIM,” IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE PROPM PARTIES arising from or related to this Agreement (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of:
To the maximum extent permitted by applicable law, the ProPM Parties also disclaim any responsibility for:
These limitations apply even if any limited remedy under this Agreement is deemed to have failed of its essential purpose.
To the extent that any disclaimer, exclusion, or limitation of liability is not permitted under the laws of your jurisdiction, you agree that any legally assessed liability against the ProPM Parties shall be limited to the lowest amount and narrowest scope permitted by applicable law in that jurisdiction.
ProPM shall indemnify, defend, and hold you harmless from and against any and all losses, damages, liabilities, and costs (collectively, “Losses”) incurred by you as a result of any third-party claim, suit, action, or proceeding alleging that the Products or Services, or your authorized use thereof under these Terms and Conditions and the relevant User Agreements, infringe or misappropriate such third party’s patents, copyrights, or trade secrets (collectively, "IP Claims").
This obligation is conditional upon:
If an IP Claim is made or, in ProPM’s sole judgment, appears likely, you agree to permit ProPM, at its discretion, to:
If ProPM determines that neither of these options is reasonably available, ProPM may terminate these Terms and Conditions, and/or the relevant User Agreement(s), immediately and without liability, solely with respect to the affected component or functionality.
This indemnity does not apply if the alleged infringement arises from:
You agree to indemnify, defend (at ProPM’s request), and hold harmless ProPM from and against any Losses arising from third-party intellectual property claims (“IP Claims”) that result from any of the following:
You further agree that you may not settle any third-party IP Claim on behalf of ProPM unless:
ProPM reserves the right to defend itself or to participate in the defense with counsel of its choice.
THIS SECTION SETS FORTH YOUR SOLE REMEDY AND PROPM’S EXCLUSIVE OBLIGATION AND LIABILITY for any actual, alleged, or threatened intellectual property (“IP”) claims that the Products or Services infringe or misappropriate the intellectual property rights of any third party.
The limitation of liability provisions contained in these Terms and Conditions shall apply even if any limited remedy is found to have failed of its essential purpose.
To the extent that the laws of any applicable jurisdiction do not permit the exclusion or limitation of certain liabilities or damages, you agree that any liability assessed against ProPM will be limited to the minimum amount and narrowest scope allowed under the relevant law.
You agree to indemnify, defend, and hold harmless ProPM, including its related entities and subsidiaries, employees, agents, officers, directors, affiliates, licensors, successors, suppliers, service providers, content providers, third-party vendors, contractors, and Commercial Partners (collectively, the “Indemnified Parties”), from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind (including reasonable attorneys’ fees) incurred by the Indemnified Parties, arising from or related to any third-party claim connected to your use of the Inbound Service, including but not limited to:
You agree to indemnify, defend, and hold harmless ProPM, including its related entities and subsidiaries, employees, agents, officers, directors, affiliates, licensors, successors, suppliers, service providers, content providers, third-party vendors, contractors, and Commercial Partners (collectively, the “Indemnified Parties”), from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind (including reasonable attorneys’ fees) incurred by the Indemnified Parties, arising out of or related to any third-party claim connected to your use of the Outbound Service, including but not limited to:
ProPM’s Products and Services may interface with or be used in conjunction with third-party products and services. ProPM makes no representation or warranty regarding the reliability, security, compatibility, or performance of any such third-party products or services.
ProPM does not endorse or control the content, functionality, or business practices of any third parties, and you acknowledge that ProPM shall not be held liable for any use—or inability to use—such third-party content, products, or services.
Your use of any third-party offerings is governed solely by the relevant terms and conditions of the respective third-party provider. It is your sole responsibility to review, understand, and accept those terms before use.
Should any action be required on your part to maintain or restore access to such third-party services (including renewals, configuration, permissions, or subscription management), you acknowledge and agree that it is your exclusive responsibility to perform those actions. ProPM assumes no liability for any failure to do so, nor for any resulting interruption or degradation in service.
ProPM is not responsible for any voice, messaging, data, Internet, or WiFi charges imposed by your mobile operator, carrier, or Internet service provider that you may incur while accessing or using ProPM’s Products and Services.
All such charges are the sole responsibility of the user, and you are solely responsible for ensuring that your use of the Services complies with the terms of your carrier or provider agreements.
These Terms and Conditions, all related User Agreements, and any matters arising out of or relating to their interpretation, performance, or enforcement—whether sounding in contract, tort, or statute—shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any conflict of laws rules that would result in the application of the laws of another jurisdiction.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions or any transactions related to ProPM’s Products or Services.
In the event of a conflict between:
You expressly agree that the exclusive jurisdiction and venue for any claim or dispute arising out of or related to your access or use of the Content, Products, or Services shall lie with the courts of competent jurisdiction located in Ontario, Canada, unless otherwise required by law.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from the agreement, and the remaining provisions shall remain in full force and effect.
ProPM’s failure to act with respect to any breach by you or others shall not constitute a waiver of its right to act with respect to that or any subsequent breach.
You may not assign or transfer any of your rights or obligations under these Terms or the associated User Agreements. Any attempted assignment or transfer will be void and unenforceable, unless expressly authorized in writing by ProPM.
ProPM operates under the laws of Canada. ProPM makes no representation or warranty that its Products and Services are appropriate or legally permitted for use in jurisdictions outside of Canada.
It is solely your responsibility to determine whether you may lawfully access or use ProPM’s Products and Services in any relevant jurisdiction. By doing so, you agree to comply with all applicable export, import, and local use regulations, including those of Canada and any other applicable country.
You further agree that no joint venture, partnership, employment, or agency relationship exists between you and ProPM as a result of these Terms or your use of the Products and Services.
A printed version of these Terms and Conditions, the User Agreements, or the Privacy Policy—along with any notice delivered electronically—shall be admissible in any judicial or administrative proceeding to the same extent and under the same conditions as other business records and documents originally generated and maintained in printed form.