Terms of Service

By accessing, browsing, or using the VitaSmart website or any associated cloud services, you confirm that you accept these Terms of Service and agree to comply with them. These Terms apply to all visitors, registered users, and any individuals who interact with our platform in any capacity. Your continued use of the Services after any modifications to these Terms constitutes your acceptance of the revised Terms.

You must be at least 18 years of age to use our Services. By using the VitaSmart platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not meet these age or authority requirements, you are not permitted to access or use the Services.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SMART HOME RENTALS PM LTD regarding your use of the Services. Any prior agreements, oral or written, relating to the subject matter of these Terms are superseded.

SMART HOME RENTALS PM LTD provides a cloud-based platform designed for centralized management of smart home devices and systems. Our Services include, but are not limited to, the following:

• Centralized Device Management: A unified dashboard that connects and controls compatible smart home devices including thermostats, security cameras, lighting systems, door locks, and appliances across a single property or multiple properties.
• Consumption Analytics: Collection, processing, and visualization of resource usage data covering electricity, heating, and water consumption, broken down by device, room, and time period with periodic reports and recommendations.
• Maintenance Planning: Automated scheduling and notification services that alert users to upcoming device maintenance requirements, filter replacements, firmware updates, and warranty expirations based on manufacturer guidelines and actual usage data.
• Remote Access: Cloud-hosted controls accessible through web browsers and mobile devices, enabling users to manage their smart home systems from any internet-connected location.
• Informational Content: Educational articles, guides, and resources related to smart home technology, energy efficiency, and home automation best practices.

Our Services are primarily offered to homeowners and property managers located in Canada. The scope of available features may vary based on your geographic location, device compatibility, and subscription level. We reserve the right to modify, expand, or discontinue any feature or component of the Services at our discretion, with reasonable notice provided to active users where practical.

The platform provides informational data and recommendations based on device-reported figures. These outputs are intended as general guidance and do not constitute professional engineering, financial, or legal advice. Users are encouraged to consult qualified professionals for decisions involving significant property modifications or investments.

By using our Services, you agree to the following obligations and restrictions:

• Lawful Use Only: You agree to use the Services only for lawful purposes and in compliance with all applicable federal, provincial, and local laws and regulations in Canada and any other jurisdiction from which you access the Services.
• Account Security: If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access or security breach.
• Accurate Information: You agree to provide accurate, current, and complete information when registering for an account or submitting forms through the platform. You are responsible for keeping your information up to date.
• No Scraping or Data Extraction: You may not use automated tools, bots, scrapers, or any similar technology to extract, collect, or harvest data from our website or platform without our prior written consent.
• No Impersonation: You may not impersonate any person or entity, or falsely represent your affiliation with any person, entity, or organization while using our Services.
• No Interference: You agree not to interfere with, disrupt, or attempt to gain unauthorized access to any servers, networks, or systems connected to the Services. This includes distributing malware, conducting denial-of-service attacks, or attempting to probe or test vulnerabilities.
• No Illegal Activity: You may not use the Services to facilitate, promote, or engage in any illegal activity, including but not limited to fraud, money laundering, or the distribution of illegal content.
• Compliance with Device Manufacturer Terms: When connecting third-party devices to our platform, you remain responsible for compliance with the applicable manufacturer terms and conditions for those devices.

Violation of any of these obligations may result in immediate suspension or termination of your access to the Services, without prior notice or liability.

All content, materials, and resources available through the VitaSmart platform and website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all such content, are the exclusive property of SMART HOME RENTALS PM LTD or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms. This license does not include the right to:

• Modify, reproduce, distribute, or create derivative works based on any content or materials from our platform without prior written permission
• Use any data mining, robots, or similar data gathering or extraction methods on our Services
• Download, copy, or transmit any content for the benefit of a third party or for any commercial purpose
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on or within the Services
• Reverse engineer, decompile, or disassemble any software component of the platform

The VitaSmart name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SMART HOME RENTALS PM LTD. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans that appear on the platform are the trademarks of their respective owners.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMART HOME RENTALS PM LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the accuracy, completeness, or reliability of any content, data, analytics reports, or recommendations generated through the platform. Consumption data and analytics are based on information reported by connected devices and may contain inherent limitations, inaccuracies, or delays.

We do not warrant that the platform will be compatible with all smart home devices, operating systems, or network configurations. Integration results may vary depending on your specific hardware, firmware versions, internet connection quality, and other factors beyond our control.

Nothing on this website constitutes financial, investment, legal, or professional advice. Subscribing to centralized smart home services may simplify expense tracking and support property value; however, individual results vary significantly based on property type, device configuration, climate conditions, and usage habits. We make no guarantees regarding specific financial savings, energy reductions, or property value increases.

You acknowledge that your use of the Services is at your sole risk and that you are solely responsible for any decisions you make based on data, analytics, or recommendations provided by the platform.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMART HOME RENTALS PM LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Damages resulting from any interruption or cessation of the Services
• Damages resulting from the conduct of any third party on the Services
• Damages resulting from any content, data, or analytics obtained from or through the Services
• Property damage, personal injury, or any other damage arising from your reliance on platform data or recommendations

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. In any event, our total aggregate liability for all claims arising out of or relating to these Terms or your use of the Services shall not exceed the greater of: (a) the total amount you paid to us during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

This limitation of liability applies regardless of whether the remedy set forth herein fails of its essential purpose.

You agree to defend, indemnify, and hold harmless SMART HOME RENTALS PM LTD, its directors, officers, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable legal fees and costs) arising from or related to:

• Your use of and access to the Services, including any data or content transmitted or received by you
• Your violation of any provision of these Terms, including any breach of your representations and warranties
• Your violation of any applicable law, rule, or regulation, whether local, provincial, national, or international
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Any claim that your use of the Services caused damage to a third party
• Any misuse or unauthorized sharing of your account credentials

This indemnification obligation will survive the termination of these Terms and your use of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claims.

The VitaSmart platform and website may contain links to third-party websites, applications, or services that are not owned, operated, or controlled by SMART HOME RENTALS PM LTD. These links are provided for your convenience and informational purposes only. We have no control over the content, privacy policies, or practices of any third-party websites or services.

We do not endorse, warrant, or assume responsibility for any third-party websites, services, products, or content accessible through links on our platform. When you follow a link to a third-party website, you do so at your own risk and are subject to that website's terms and conditions and privacy policy. We strongly encourage you to review the terms and privacy policies of any third-party website or service before providing personal information or engaging in transactions.

Our platform may integrate with or rely on third-party services for certain functionality, including but not limited to cloud hosting, data analytics, and communication services. While we select these partners carefully, we are not responsible for the availability, accuracy, or performance of third-party services, and we shall not be liable for any damages or losses arising from your reliance on or interaction with such services.

Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in the Privacy Policy, including the collection and processing of personal data for the purposes of providing and improving our Services.

Our Privacy Policy details the types of information we collect, how we use and share that information, the cookies and tracking technologies deployed on our website, your rights regarding your personal data, and the measures we take to protect your information. We encourage you to read the Privacy Policy carefully and review it periodically for any updates.

If you submit personal information through our contact forms or account registration, you acknowledge that such data will be processed in accordance with our Privacy Policy. You have the right to request access to, correction of, or deletion of your personal data at any time by contacting us at the email address provided in our Privacy Policy.

These Terms of Service and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. This choice of governing law reflects the registered location of SMART HOME RENTALS PM LTD.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of England and Wales, and you irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection to the exercise of jurisdiction by such courts and to the venue of proceedings in such courts.

For users accessing our Services from Canada, the laws of the Province of Ontario may also apply to certain aspects of your use. Where mandatory consumer protection legislation in your jurisdiction provides additional rights that cannot be excluded by agreement, those rights remain unaffected by these Terms.

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this dispute resolution clause, the parties agree to first attempt to resolve the dispute informally.

Informal Resolution: Before initiating any formal proceedings, you agree to contact us at [email protected] with a written description of your dispute, including all relevant details and your desired resolution. We will attempt to resolve the matter through direct communication within thirty (30) calendar days from the date we receive your written notice. Both parties agree to participate in good faith in this informal resolution process.

Formal Proceedings: If the dispute cannot be resolved through informal negotiation within the thirty (30) day period, either party may then pursue formal resolution. Any formal proceedings shall be conducted through binding arbitration administered by a recognized arbitration body in England, unless both parties agree in writing to an alternative resolution method. The arbitration shall be conducted in the English language, and the arbitral award shall be final and binding upon both parties.

Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found to be unenforceable, then the entirety of this arbitration clause shall be void.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

We reserve the right to suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or the business interests of SMART HOME RENTALS PM LTD
• Engagement in fraudulent, abusive, or illegal activity
• Non-payment of applicable fees, if any
• Extended periods of inactivity
• Request by law enforcement or government agencies
• Discontinuation or material modification of the Services or any part thereof

Upon termination, your right to use the Services will cease immediately. We may, at our discretion, provide you with notice prior to termination, but we are not obligated to do so in cases of serious violations. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] and requesting account closure. Upon account termination, we will delete your personal data in accordance with the timelines specified in our Privacy Policy, unless retention is required by applicable law.

SMART HOME RENTALS PM LTD reserves the right to update, modify, or replace any part of these Terms of Service at our sole discretion. When we make material changes to these Terms, we will take reasonable steps to notify you, including:

• Posting a prominent notice on our homepage at least fourteen (14) days before the changes take effect
• Updating the "Last Updated" date at the top of this page
• Sending an email notification to registered users at the email address associated with their account, where applicable

The minimum notice period before any changes take effect is fourteen (14) calendar days from the date of the posted notice. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must discontinue your use of the Services before the changes take effect.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly. Non-material changes or clarifications will take effect immediately upon posting. For questions about any changes, please contact us using the information provided below.

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to exercise any rights described herein, please contact us using the following information:

We aim to respond to all inquiries regarding these Terms within five (5) business days. For urgent matters relating to account security or unauthorized access, please include "URGENT" in your email subject line and we will prioritize your request accordingly.