Terms of Service

These Terms of Service (the “TOS”) form a binding agreement between you and Royal Merit Realty Inc.(“Foyer,” “we,” “us,” “our”) governing your use of the Foyer platform and related websites, mobile applications, and services (the “Service”).

By creating an account, signing in, or using the Service, you confirm that you have read, understood, and agree to these TOS, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Service.

Foyer is a secure document collection and rental application portal designed for Canadian realtors, landlords and property managers (“Subscribers”) and their clients (“Clients”). The Service enables Clients to upload required documents, complete a digital rental application, set reminders, and communicate with their assigned professional.

Foyer is a software platform only. We are not a landlord, realtor, property manager, or insurer. We do not provide legal, financial, tax, or rental advice. Rental decisions and regulatory responsibilities remain entirely with the Subscriber and the Client.

You must provide accurate, current, complete information when creating an account, and keep it up to date. You are responsible for safeguarding your password and for any activity under your account.

You must be at least 18 years old to use the Service. You may not create more than one account, share your account, or sell, transfer, or assign your account to another person without our written consent.

If you sign up as a Subscriber, you represent and warrant that:

• If you are a realtor, you are licensed and in good standing in the jurisdiction where you operate; if you are a landlord or property manager, you own, or are authorized to manage, the rental units you collect documents for
• You have obtained your Clients’ informed consent to collect and process their personal information through the Service
• You comply with all applicable laws including PIPEDA, FSRA requirements (Ontario), provincial real estate and residential tenancy regulations, anti-money laundering legislation, and similar
• You are responsible for the accuracy of any document or information you mark as approved within the Service

If you sign up as a Client, you represent and warrant that:

• You are at least 18 years old
• All information and documents you upload are accurate, complete, and lawfully provided by you
• You will not upload documents containing information about other people without their consent

Some features of the Service are available only on a paid subscription. Subscription fees, billing cycle, and included features are described at the time of purchase.

• Subscriptions renew automatically at the end of each billing cycle unless cancelled before renewal.
• You may cancel your subscription at any time from the Settings page; cancellation takes effect at the end of the current billing period.
• Fees are non-refundable except where required by law or where we expressly choose to issue a refund.
• We may change pricing on at least 30 days’ notice. The new price applies to your next renewal.

Your use of the Service is governed by our Acceptable Use Policy. You agree not to misuse the Service in any way that violates law, infringes others’ rights, or compromises the security or integrity of the platform.

You retain ownership of all content you upload (documents, form data, messages, collectively “User Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and process your User Content solely as needed to provide and improve the Service, and as authorised in our Privacy Policy.

Client information belongs to the Subscriber who collected it. Foyer does not sell it, does not use it for advertising or marketing, does not build profiles from it, and does not give another Subscriber or brokerage access to it. We open a Subscriber’s client files only to provide support that Subscriber has asked for or as the law requires, and every such access is recorded in the file’s access log. Documents are deleted on the retention schedule the Subscriber sets, as described in the Privacy Policy.

Roles.For a Client’s personal information, the Subscriber is the organization accountable under the Personal Information Protection and Electronic Documents Act and, in Quebec, the Act respecting the protection of personal information in the private sector. Foyer processes that information only on the Subscriber’s behalf and instructions, to provide the Service.

What Foyer undertakes:

• To keep Client information confidential and to use it for no purpose other than providing the Service to the Subscriber
• To store it in Canada and to protect it with the measures described in the Privacy Policy and on the security page at /trust: encryption, isolation of each Subscriber’s data from every other, short lived document links and an access log
• To open a Subscriber’s Client files only while the Subscriber has turned on support access for that file, for at most seven days at a time, or as the law requires, and to record every such access in the file’s access log
• To let no one on Foyer’s side reach Client information other than its platform administrator, described on the security page, and that one only through the support access the Subscriber turns on; the real estate agents of Royal Merit Realty Inc. have no access to a Subscriber’s Client files. Before any support staff are given access, Foyer will give the Subscriber at least 30 days’ notice by email and on the security page, and that access will go through the same switch and be recorded the same way
• To tell the Subscriber of a breach of security safeguards affecting their Client information within 72 hours of confirming it, with what is known and what is being done
• To help the Subscriber answer a Client’s request for access to, or correction of, their information
• To give the Subscriber at least 30 days’ notice, by email and on the security page, before adding a provider that will process Client information
• To delete Client documents on the retention schedule the Subscriber sets, and on termination as described in section 11

What the Subscriber undertakes:

• To obtain each Client’s consent to the collection and use of their information through the Service, and to use it only for the rental transaction it was collected for
• To collect no more than the transaction needs, and in particular not to require a Social Insurance Number
• To keep their login secure, to turn on two-step verification where their brokerage requires it, and to remove team members who leave
• To answer a Client’s request about their information within the time the law allows, with Foyer’s help

Termination and export. Before closing the account, the Subscriber can download every Client’s documents with Download all and print or save each application. After termination, Client information is deleted as described in the Privacy Policy, other than what the law requires us to keep.

The Service, including its software, design, branding, logos, and documentation, is the property of Royal Merit Realty Inc. and is protected by Canadian and international intellectual property laws. You may not copy, modify, reverse-engineer, or create derivative works of the Service without our prior written consent.

You may stop using the Service and close your account at any time. We may suspend or terminate your account if you breach these TOS, violate the Acceptable Use Policy, fail to pay subscription fees, or as required by law.

On termination, your right to use the Service ends immediately. We will retain your data only as described in our Privacy Policy.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that documents will be transmitted to lenders, regulators, or third parties. The Service is a tool used at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROYAL MERIT REALTY INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total aggregate liability for any claim related to the Service will not exceed the greater of (a) the fees you paid to us in the 12 months before the claim arose, or (b) one hundred Canadian dollars (CAD $100).

You agree to indemnify and hold harmless Royal Merit Realty Inc. from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these TOS, your User Content, or your misuse of the Service.

These TOS are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Any dispute arising out of or related to these TOS or the Service will be resolved exclusively in the courts of Ontario, Canada, and you consent to their personal jurisdiction.

We may update these TOS from time to time. If a change is material, we will notify you by email and ask you to review and accept the updated version when you next sign in. Continued use after the effective date of an update means you accept the new TOS.

Questions about these TOS can be sent to:
Royal Merit Realty Inc.
101E-60 Granton Dr., Richmond Hill, ON, L4B 2N6
Email: privacy@getfoyernow.com