Terms of Service

1. Acceptance of Terms

By accessing or using Dweller (“the Service”), provided by Dweller Property Intelligence (“we”, “us”, “our”), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

Dweller is record-keeping software for residential landlords, built on Newfoundland and Labrador's Residential Tenancies Act, 2018. The Service provides rent and deposit records, leases and notices, tenant and repair records, building system tracking and estimates, and year-end records organized by CRA T776 line for your accountant. The Service is designed to assist with property management decisions but does not constitute professional engineering, financial, tax, or legal advice. Dweller does not collect, hold or transfer rent, deposits or any other money; tenants pay landlords directly. Dweller organizes records for your accountant; it does not prepare or file tax returns.

Notices between landlords and tenants. Messages, notifications, and documents shared or copied through the Dweller portal are not service of a notice under the Residential Tenancies Act, 2018 (Newfoundland and Labrador) or any other residential tenancies law. When you choose to email a notice from Dweller, Dweller sends it on your instruction, with the notice attached as a PDF, to the email address you recorded as the one your tenant provided for receipt of documents, and records when it was sent. You are the one serving the notice, and you are responsible for making sure your tenant provided that address for receipt of documents (section 35(2)(f) of the Residential Tenancies Act, 2018). Any other method of service is carried out by you, and Dweller records only what you tell it. Landlords and tenants are each responsible for serving any notice they give by a method the Act allows (section 35 of the Residential Tenancies Act, 2018), and for keeping their own proof of how and when it was served. Dates the Service works out for a notice are a guide based on the method and date you enter.

3. User Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Free Trial

We offer a 30-day free trial for new accounts, or 60 days for an account opened from another Dweller landlord's share link. No credit card is required to start a trial. At the end of the trial period, until you select a paid plan, your account is read-only: you can sign in to view and download your records, export your data and manage your account (billing and settings), but you cannot add or change records. If you do not upgrade to a paid plan, your trial account data is retained for 90 days after trial expiration. This 90-day trial-expiration retention applies only to accounts that never became paid subscriptions; the post-cancellation retention described in Section 10 applies separately to paid subscriptions that are later cancelled.

5. Fees and Payment

Paid plans are billed monthly or yearly, as you choose at checkout. A yearly plan costs ten months' price, rounded down to the whole dollar. All fees are in Canadian dollars (CAD) and exclude applicable taxes (such as GST/HST), which are added where required by law. Fees are non-refundable except as required by applicable law. Prices may change with 30 days' notice to active subscribers.

Founding members. The first 50 landlords to subscribe to the Dweller plan keep the price they subscribed at for as long as that subscription stays active. If it ends, a new subscription is at the price then in effect.

Referrals. When a landlord who signed up from your share link makes their first payment, we add a credit equal to one month of your plan's price including 15% HST to your Dweller account balance. If you are not subscribed yet, the credit waits until you are. The credit is applied to your next invoices, has no cash value, cannot be transferred or refunded, and is limited to 12 credits in any 12 months. Referring yourself or another account you control does not count. We may refuse or reverse credits for referrals we reasonably believe are abusive.

6. Your Data

You retain ownership of all data you submit to the Service. We do not sell your data to third parties. Your use of the Service is also governed by our Privacy Policy. You may export your data at any time using the built-in export features: a year-end package for your accountant (a ZIP archive containing expense records, capital purchase lists, and receipt files), a ZIP of your account records (properties, units, tenants, leases, rent payments, expenses, repairs, inspections and documents, as JSON files, with the files you uploaded), and a CSV of your deposit ledger. The account ZIP does not include served notices and their service records, deposit records, applications, mortgages, contractors or messages; each notice opens as a PDF from its own page, and you can email privacy@dwellerpm.com for a copy of anything else we hold about you. Exports are provided in open formats (CSV, JSON, PDF).

7. Accountant Access

You may give a designated accounting professional access to your rental income, expenses and year-end records. They cannot change your records. They can mark expenses as checked or flagged, leave notes for you and mark the year reviewed. You can revoke this access at any time from your account settings. Dweller is not responsible for any actions taken by your accountant based on data viewed through the Service.

8. Estimates and Forecasts

Property health scoring, building system lifespan estimates, and capital forecasting are calculated from the information you enter using statistical models. They provide estimates only and should not be relied upon as professional advice. Actual outcomes may differ from these estimates. You are responsible for all property management decisions. The Service does not currently include AI features; if we introduce any, we will update these Terms before they become available.

9. Limitation of Liability

The Service is provided “as is” without warranties of any kind, whether express or implied. We are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim.

10. Termination & Cancellation

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting us. Upon cancellation of a paid subscription, access continues until the end of the billing period you have paid for. After that, for a 30-day grace period your account is read-only in the same way, and you can resubscribe. After that grace period, personal information that is not subject to a legal retention minimum is deleted or anonymized, and records that are subject to a legal minimum (such as tax and financial records) are retained only for the required period and then securely destroyed, all as described in our Privacy Policy. This 30-day post-cancellation grace period applies to cancelled paid subscriptions and is distinct from the 90-day retention that applies to expired free trials (see Section 4). We may suspend or terminate your account for violation of these Terms or non-payment, with reasonable notice where possible.

11. Indemnification

You agree to indemnify and hold harmless Dweller Property Intelligence, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Intellectual Property

The Service, including its software, design, documentation, and content, is the intellectual property of Dweller Property Intelligence and is protected by Canadian copyright and intellectual property laws. You retain full ownership of all data you submit to the Service. Nothing in these Terms transfers ownership of your data to us.

13. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) upload malicious code, viruses, or harmful content; (c) attempt to reverse-engineer, decompile, or disassemble the Service; (d) interfere with the security or operation of the Service; (e) access another user's account without authorization; or (f) use the Service to store or transmit content that infringes the rights of others.

Applicants and references. When you use Dweller to take rental applications or contact references, you are responsible for that personal information, and Dweller handles it for you. You agree to: (a) use an applicant's or a reference's information only to decide the application it came with, and not to contact a reference for any other reason or add them to any list; (b) not share a reference's answers with anyone except the applicant and the people helping you make that decision; (c) make your decision in line with the Newfoundland and Labrador Human Rights Act, 2010; and (d) answer an applicant's request to see their information within 30 days. Dweller deletes this information on the schedule in our Privacy Policy.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond reasonable control, including natural disasters, pandemics, government actions, power outages, internet disruptions, or other force majeure events.

15. Dispute Resolution

These Terms are governed by the laws of the Province of Newfoundland and Labrador, Canada. In the event of a dispute, the parties agree to first attempt resolution through good-faith mediation. If mediation is unsuccessful, disputes shall be resolved in the courts of St. John's, Newfoundland and Labrador.

16. Your Contractor List

Your contractor list is private to your account. It holds the names, contact details, notes and job costs you enter or record from your own tickets. Dweller does not recommend, vet, rate or guarantee any contractor, and no other user can see your list.

17. Managing Property for Someone Else

If you use the Service for residential property you do not own, for example as a property manager invited by an owner, as a staff login on another person's account, or by keeping an owner's properties on your own account, you confirm that: (a) the owner has authorized you to act for them in that work, including to keep their records and their tenants' and applicants' personal information in the Service; and (b) you hold any licence or registration, and keep any trust account, that the law requires of you for that work. Dweller does not check either. Dweller does not collect, hold or transfer rent, security deposits or any other money for you, an owner or a tenant, and the Service is not a trust account. Records the Service keeps of money you or an owner hold are records only.

18. Contact

For questions about these Terms, contact us at support@dwellerpm.com.

Dweller Property Intelligence, PO Box 43, Harbour Main, Newfoundland and Labrador A0A 2P0, Canada. Privacy Officer: privacy@dwellerpm.com.