Conditions of Sale

Solutions novscale inc. operates the platform under the name Mavira Space.

• NEQ: 1181355976
• Address: 5240 avenue d’Orléans, Montréal H1X 2K7, QC Canada
• Telephone: 438-793-7786
• Email: support@maviraspace.com
• Website: maviraspace.com

2.1 We offer the Starter, Pro and Business plans. Our pricing page and the Platform describe, at the time of purchase, the features and limits of each plan, for example the number of properties, units (nests) or members. Your plan is the one shown in your order summary.

2.2 When you reach a limit of your plan, you can no longer create records of that type. To create more, move to a higher plan or reduce your usage. Your existing data remains accessible. Archived properties and nests count toward the limits, because they still exist.

2.3 A feature marked “Soon” is not part of your plan until it is available. Its price is not included in your payment.

3.1 A new organization can try Mavira Space free of charge for 14 days. To start the trial, you choose a plan and a cycle, then save a payment card. You are charged nothing during the trial.

3.2 Your order summary shows the end date of the trial, and the date and amount of the first payment.

3.3 At least 2 days before the trial ends, we send you a reminder email. It states the date of the first payment, its amount and how to cancel.

3.4 When the trial ends, your paid subscription starts: we charge your card the price of your plan for your cycle, plus taxes. For the Annual, paid monthly cycle, the 12-Month Subscription Agreement also starts on that date.

3.5 To pay nothing, cancel before the trial ends, in the Control Space on the Subscription page. You keep access until the trial ends, and then the organization becomes read-only. For the Annual, paid monthly cycle, the 12-Month Subscription Agreement then never takes effect.

3.6 If the first payment is declined, section 12 applies.

3.7 The free trial is offered once per customer. It is not offered if the same person, the same business or the same payment card has already been used for a trial. We may refuse it in case of abuse.

4.1 Prices are in Canadian dollars and do not include taxes.

4.2 We collect GST or HST, QST and any other applicable sales tax based on the billing address. Before you confirm your order, we show you the amount of each tax and the total. They then appear on each invoice.

4.3 The price shown in your order summary includes all fees except taxes. No other fees are charged to you.

4.4 A promotion code may give you a discount, under the conditions that come with it, for example on a first subscription or a plan change.

• Your order summary shows the end date of the promotion and the regular price that will apply after it.
• At least 2 days and at most 10 days before the promotion ends, we email you a reminder of that date and that price.
• A code has no cash value. We may refuse a code used contrary to its conditions.

5.1 Monthly. A month-to-month subscription with no commitment. It renews automatically each month until it is cancelled.

5.2 Annual, paid upfront. One payment covers 12 months. The subscription renews automatically for 12 months unless you cancel it before the renewal date.

5.3 Annual, paid monthly. You commit for 12 months and pay in 12 monthly payments, at a lower monthly price than the Monthly cycle. This cycle is governed by the 12-Month Subscription Agreement, which you accept separately at the time of purchase. In short:

• you can turn off renewal at any time: the Agreement then continues until its end date, with the scheduled monthly payments, and then ends;
• if the Agreement ends before its end date (you end it, you delete the organization, a payment remains unpaid for 30 days, or we end it because of a serious breach), you pay the lower of two amounts: the savings you received compared with the Monthly cycle, or the payments that remained;
• at the end, the Agreement renews for 12 months at the price then in effect unless you turned off renewal, and we remind you at least 30 days in advance;
• if the Agreement ends without being renewed, access to the organization is suspended from its end date.

5.4 The billing period starts on the date of the first payment. Each renewal takes place on the same date of the month or year.

6.1 You pay by Visa, Mastercard or American Express credit or debit card, directly or through Apple Pay or Google Pay.

6.2 Payments are processed by our payment processor, Stripe. You enter your card number in Stripe’s secure field: we never see or keep the full number. We keep only the card’s brand, its last four digits and its expiry date.

6.3 By subscribing, you authorize novscale to charge your default card:

• at the start of each billing period, the price of your plan for your cycle, plus taxes, until your subscription ends;
• the amounts due after a declined payment, under section 12;
• for the Annual, paid monthly cycle, the early-end amount set out in the 12-Month Subscription Agreement.

The amount and frequency of the payments are shown in your order summary and in the Control Space, on the Subscription page. To end this authorization, cancel your subscription under section 10, subject to the 12-Month Subscription Agreement.

6.4 You must keep a valid card on file. While a subscription is active, you cannot remove the default card, but you can add another card and make it the default. Stripe may update the details of a card its issuer has replaced.

6.5 Each payment produces an invoice. You find it in the Control Space on the Billing page, and we email it to the Owner and to the billing address.

7.1 Higher plan. Moving to a higher plan takes effect immediately. You then pay a prorated amount for the rest of the current period, and the new price at each renewal.

7.2 Lower plan. To move to a lower plan, your usage must fit within that plan’s limits, for example the number of properties, nests or members. Archived properties and nests count toward these limits. If your usage exceeds them, first delete what is over the limits, then ask for the change.

7.3 A move to a lower plan takes effect at the end of the current period. Nothing is charged at that time.

• If your usage exceeds the new plan’s limits 7 days before that date, we notify you by email.
• If it still exceeds them on that date, the change does not happen and your current plan renews. We notify you of that by email too.

7.4 Before you confirm a change, the summary shows the amount charged today, the date the change applies and your next payments.

7.5 During a 12-Month Subscription Agreement, you can move to a higher plan at any time. A lower plan or another cycle applies only from the renewal date, under sections 7.2 and 7.3.

8.1 Your subscription renews automatically at the end of each billing period, for the same length, at the price then in effect, until it is cancelled. Automatic renewal is on when you subscribe. The Owner can turn it off at any time in the Control Space, on the Subscription page; the subscription then ends as section 10 provides. Each renewal applies the Terms of Use and these conditions in effect on that date, under section 20.4 of the Terms of Use. A 12-Month Subscription Agreement renews under its latest version, as section 9 of the Agreement provides.

8.2 At least 30 days before an annual subscription or a 12-Month Subscription Agreement renews, we send the Owner and the billing address a reminder. It states the renewal date, the price and how to cancel.

9.1 We may change our prices. We notify the Owner and the billing address in writing, by email, at least 30 days and at most 90 days in advance. The notice states the old price, the new price, the date it applies and your right to refuse it.

9.2 A new price applies only from your first renewal after that notice period. It never applies to a period already paid, or during a 12-Month Subscription Agreement.

9.3 If you refuse the new price, you can cancel your subscription without cost, penalty or fee no later than 30 days after the date it applies. We then refund what you paid at the new price for the unused period.

10.1 The Owner can cancel the subscription at any time in the Control Space, on the Subscription page, or by writing to us at support@maviraspace.com.

10.2 For the Monthly and Annual, paid upfront cycles, the cancellation takes effect at the end of the current billing period. You keep full access until that date, and no further payment is taken. The organization then becomes read-only.

10.3 For the Annual, paid monthly cycle, you have two choices under the 12-Month Subscription Agreement:

• Turn off renewal: the Agreement continues until its end date, with full access and the scheduled monthly payments, and then access to the organization is suspended, with no grace period and no read-only period;
• End the Agreement early: it ends at the end of the current monthly period, and the early-end amount applies.

In both cases, the Owner can still obtain a copy of the data and delete the organization.

10.4 You can resume a cancelled subscription before its end date.

10.5 Deleting the organization ends the subscription, as the Terms of Use provide. For the Annual, paid monthly cycle, the early-end amount set out in the 12-Month Subscription Agreement applies.

11.1 Payments are not refundable, even for a period or a feature you did not use, except in the following cases:

• a billing error, for example a duplicate payment: we refund it in full;
• we stop offering Mavira Space, or a change significantly reduces the features of your paid plan: we refund the prepaid part of any unused period;
• the law entitles you to a refund.

11.2 If you subscribed by mistake, write to us promptly at support@maviraspace.com. We review every request.

11.3 A refund is paid to the card used for the payment and appears on the invoice.

11.4 If you are a business, you expressly waive the right that article 2125 of the Civil Code of Québec gives you to unilaterally resiliate your subscription in the middle of a period. Your cancellation therefore takes effect at the end of the current billing period, under section 10. The 12-Month Subscription Agreement sets its own rules. This waiver does not apply to a consumer, who keeps the rights set out in section 16.

12.1 The first 15 days. If a payment is declined, we retry automatically for 15 days. The organization keeps full access during this period. You can update your card or pay the invoice in the Control Space. We notify the Owner and the billing address by email on the day of the decline, and then before each change of access. A notice on the Platform shows the number of days left.

12.2 From day 15 to day 30. If the amount is still unpaid after 15 days, the organization becomes read-only.

12.3 After 30 days. If the amount is still unpaid 30 days after the decline, the subscription ends. Access to the organization is then suspended: members are taken to the subscription page. The Owner can still obtain a copy of the data and delete the organization, under the Terms of Use. The data is kept under section 14.

12.4 Paying within 30 days. If you pay the amount due before those 30 days end, full access is restored and your subscription continues as before.

12.5 Amounts due when the subscription ends. If the subscription ends for non-payment, the following amounts remain due.

• Monthly cycle: the month of the decline.
• Annual, paid upfront cycle: one twelfth of the annual price.
• Annual, paid monthly cycle: the month of the decline and the early-end amount set out in the 12-Month Subscription Agreement.

We may contact you to recover these amounts. To get access back, subscribe again and pay the amount due.

13.1 An organization becomes read-only in the following cases:

• you cancelled a Monthly or Annual, paid upfront subscription, and it reaches its end date;
• you cancelled your free trial, and it ends;
• a payment is still unpaid 15 days after it was declined.

Access is suspended instead when a 12-Month Subscription Agreement ends without being renewed (section 10.3) and when a subscription ends for non-payment (section 12.3).

13.2 While read-only, members can, according to their permissions:

• view and search the organization’s data;
• download its documents and obtain a copy of it, under the Terms of Use;
• delete records.

They cannot create or change records. The Owner can delete the organization.

13.3 To get full access back, the Owner subscribes again or pays the amount due.

14.1 Your subscription ends when it stops without being renewed or replaced: for example at the end of a cancelled period, at the end of a cancelled trial, on the end date of a 12-Month Subscription Agreement that is not renewed, or 30 days after a declined payment that remains unpaid.

14.2 We keep your data for 24 months after the subscription ends, even while the organization is read-only or its access is suspended. During that time, you can obtain a copy of your data, delete the organization or subscribe again.

14.3 At the end of that period, we delete the organization and its data. We notify the Owner by email at least 60 days in advance.

14.4 You can delete your organization at any time under the Terms of Use.

15.1 For any question about an invoice or a payment, write to us at support@maviraspace.com. We will answer as soon as we can.

15.2 If you are a consumer, these conditions do not limit your right to ask your card issuer to reverse a payment, in the cases the law provides.

15.3 If you are a business, contact us before you dispute a payment with your card issuer. A chargeback requested without contacting us first is a breach of these conditions, and the amount remains due.

16.1 Mavira Space is designed for landlords and property managers, for their rental activities. If you are a consumer within the meaning of the law of your province, you benefit from all the protections of that law. Any clause of these conditions that is contrary to it does not apply to you.

16.2 Before you subscribe, your order summary presents the plan, the cycle, the price, the taxes, the total, the frequency and length of the payments, and the cancellation and refund conditions. The full text of the contract is also shown to you. You can correct, accept or decline your order there. Within 15 days after you subscribe, we email you a copy of the contract. You agree to receive it this way.

16.3 If you are a consumer within the meaning of Québec’s Consumer Protection Act, the following rules also apply, despite any clause to the contrary.

• You can resiliate your subscription at any time, with the cancel button in the Control Space or by written notice.
• If you resiliate an Annual, paid upfront subscription before it ends, we refund the price of the services not provided. We may keep a fee of at most $50 or 10% of that price, whichever is lower. For example, you paid $360 for 12 months and you resiliate after 5 months: the services not provided are worth $210, the fee is at most $21, and we refund you at least $189.
• If you resiliate a 12-Month Subscription Agreement before it ends, the early-end amount cannot exceed $50 or 10% of the price of the services not provided, whichever is lower. For example, if 4 payments of $30 remained, or $120, this amount is at most $12.
• At the end of an annual subscription or a 12-Month Subscription Agreement, the subscription continues only month to month, at the Monthly cycle price, unless you choose a new commitment. We notify you between the 90th and the 60th day before the end date.
• No other amount is charged because of a payment default, except the interest the law allows.

16.4 The law of your province may also allow you to cancel the contract in certain cases and within certain time limits. This is the case, for example, if we did not give you the information or the copy of the contract it requires.

We change these conditions under section 20 of the Terms of Use: some changes apply after a written notice of at least 30 days, and the others only once you accept them. Prices change under section 9.

Sections 22 and 23 of the Terms of Use apply to these conditions. These conditions are therefore governed by the laws of Québec, and the courts of the judicial district of Montréal have jurisdiction, subject to the rights of consumers. If the versions differ, the French version prevails.