Tenant Terms of Service

(Last modified on December 6, 2024)

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1. Introduction, Acceptance, Definitions, and Modifications 

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Welcome to Kompas. These Terms of Service (“TOS”) apply to any tenant users (each, a “User”) of the Kompas platform (the “Platform”). The Platform connects Users with prospective and current landlords (each, an “Organization”) and facilitates (i) Users’ application to and lease of rental units; and (ii) communications between Organizations and Tenants during the term of a lease (the “Services”).

By creating an account on the Platform, you hereby accept to be bound by these TOS without any reservations, modifications, additions, or deletions. If you do not agree to all the provisions contained in the TOS, you are not authorized to use the Services. The TOS are a legal and binding agreement between you and us. 

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If you are using the Services and accepting or agreeing to these TOS on behalf of a company, association, or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOS and, in such event, "you" and "your" will refer and apply to that Legal Entity.

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The Platform and Services are owned and operated by Kompas Inc. (“Kompas”), a Canadian corporation located in the province of Quebec, Canada. Where the present TOS refer to “Kompas” they may refer to Kompas Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors, and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOS shall also refer to Kompas and / or its Representatives. 

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In these TOS, a User may be referred to as “you” or “your”. 

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Kompas reserves the right, at any time and without prior notice, to modify or replace any of the TOS. Any changes to the TOS can be found at this URL. It is your responsibility to check the TOS periodically for changes. Your use of the Services following the posting of a notice regarding changes to the TOS on the Platform constitutes acceptance of those changes. If we make any substantial changes to the TOS that materially affect your legal relationship with Kompas or with an Organization, we will provide you with reasonable advanced notice of such changes. Your use of the Services following the coming into effect of such changes constitutes acceptance of those changes.  

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Additional definitions shall be made throughout these TOS, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOS as they do there. The definitions found in these TOS shall also apply to the Privacy Policy. Both the TOS and the Privacy Policy govern your use of the Services. 

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Contacting Us

If you have any questions about the TOS or how to navigate the Platform, or if you experience technical issues with the Platform, please contact support@kompaspm.com. 

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Any inquiries regarding the provision of services or the lease of a given rental property by an Organization should be directed to the Organization’s designated representative. Kompas is not able to respond to questions relating directly to any matters arising out of or in connection with the landlord-tenant relationship, a rental application, a lease or a rental unit.

 

For more information on communicating with your Organization, please refer to Section 8 of these TOS.

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General Code of Conduct for Use of the Services

In addition to the more specific rules found elsewhere in these TOS, by interacting with the Services in any way you agree to:

  1. Not use the Services in any manner that in any way violates these TOS or any other applicable policy posted on the Platform by Kompas;
  1. Not harvest or scrape any content from the Platform;
  1. Not use the Services in any manner that violates any intellectual property rights of Kompas or any third party;
  2. Not use the Services in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  3. Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment in any form, whether belonging to Kompas or a third party, or to damage or obtain unauthorized access to any system, data, password, or other information (whether personal data or not) of Kompas, other Users, or any other third party;
  4. Not: (1) take any action that imposes or may impose (as determined by Kompas in its sole discretion) an unreasonable or disproportionately large load on Kompas’ (or its third party providers’) infrastructure; (2) interfere, or attempt to interfere, with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures Kompas may use to prevent or restrict access to the Services or any element thereof; or (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Platform; 
  1. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions connected to or associated with the Services;
  1. Not use the Services to launch any denial of service (DoS) attacks; 
  1. Not use the Services to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy;
  1. Not use the Services to advertise or promote products or services of any third party;
  1. Not interfere with any third party’s use or enjoyment of the Services; 
  1. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, abusive, illegal, fraudulent, or harmful to any third party;
  1. Not attempt to do any of the foregoing prohibitions; and
  1. Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.‍

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Creating Your Account 

Accessing the Platform will require that you create an account. Accounts are available to any individual who is eligible to complete a rental application and sign a lease. Accounts may be approved or rejected by Kompas, which shall be at our sole discretion.

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Users will be invited to create an account in one of the following situations: 

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  1. If you are a "Prospective Tenant" who has expressed interest in submitting a rental application, the Organization from which you intend to lease the designated rental unit will send you an invitation via email or provide a secure link on their website to join the Platform and complete the application; or
  2. If you are a “Current Tenant” who is actively leasing a rental unit from an Organization who has partnered with the Platform, the Organization will send you an invitation via email to join the Platform. 

The information required to create an account includes your first name, last name, email address and phone number. This information may be referred to in the present TOS or the Privacy Policy as “Tenant Account Information”. By submitting Tenant Account Information, you represent and warrant that the Tenant Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Tenant Account Information may result in you being banned from using the Services, at our sole discretion.

As part of your account registration, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. You will be able to change your password at any time. 

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Kompas reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including, but not limited to, whether you have violated the letter or spirit of the TOS.

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Submitting a Rental Application and Executing Your Lease 

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  1. Rental Application 

Upon creating your account as a Prospective Tenant, you will be prompted via email or SMS (text message) to submit a rental application to lease a rental unit from an Organization. The Organization may request your consent to conduct a personal verification, which could include a credit check, as well as identity and/or income verification, as detailed in the “Personal Data Collected About You from Third Parties and What We Use It For” section of our Privacy Policy. After reviewing your rental application, the Organization will have sole discretion in determining your eligibility to lease the rental unit and whether you are ultimately selected by the Organization to sign a lease and to lease the rental unit in question. The Organization will notify you about its decision outside the scope of the Platform. 

  1. Executing Your Lease; Lease Renewal

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If the Organization accepts your rental application, it will send you an invitation to execute the lease agreement through our electronic signature provider, DocuSeal, either via email or directly on the Platform.

Near the end of the term of your lease, the Organization may offer to renew your lease by providing a notice of renewal that may include changes to the terms of your existing lease (e.g., rent, heating, parking). Please note that the terms and delivery date of the renewal notice will vary based on the rules and regulations of the province or state where your rental unit is located. When you create an account on the Platform, you will be asked to consent to receiving lease renewal notices directly through the Platform. If you consent to this feature, you will be directed to accept the terms of the renewal by executing a copy thereof via DocuSeal within a designated time frame. 

The lease and its renewal notice will be drafted in accordance with the applicable legal requirements of the province or state in which your rental unit is located. Please note that Kompas is not responsible for the form or content of any lease or renewal. Please direct all lease-related questions to the applicable Organization. 

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Rental Payments 

Kompas facilitates the collection of your rental payments via one of the following payment methods: 

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  1. Credit card payment; 
  2. Electronic funds transfer;
  3. Interac e-Transfer; and 
  4. Pre-authorized debit (in which case, you will be requested to fill out a pre-authorized debit agreement when executing a lease agreement with an Organization). 

Your rental payment method will be determined between you and the Organization, in accordance with the terms of your lease agreement. We use our trusted third-party payment processor Zūm Rails (the “Third-Party Payment Processor”) to facilitate rental payments between you and an Organization. Depending on the payment terms of your lease, you will be requested to provide any necessary “Billing Information” (such as your credit card number and affiliated address or bank account information, as facilitated by your bank’s online banking tools) directly to our Third-Party Payment Processor via a unique and protected link accessible from the Platform. Once processed, rental payments will be deposited directly into the Organization’s designated bank account. 

Kompas is not involved in the transfer of funds between you and the Organization. Once rental payments are accepted by the Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and their own terms of use. Kompas and the Third-Party Payment Processor are unaffiliated companies and Kompas has no influence on the operations of the Third-Party Payment Processor. Kompas and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Payment Processor.

In the event of any payment issues, such as incorrect payments, late fees, or duplicate payments, Kompas is not responsible for resolving these matters. You should contact the Third-Party Payment Processor, or your Organization, as applicable, to address any payment issues directly.  

Kompas will maintain an up-to-date transaction history of your rental payments, beginning from the date your account is created, and your transaction history and payment-related documents will be available to you via the Platform. However, Kompas will not have access to any Billing Information that is collected by the Third-Party Payment Processor on its own secured servers, nor can it be responsible for any breach of information caused by faulty programming, malicious users, or otherwise, on the servers of the Third-Party Payment Processor.

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Deleting Your Account 

Please communicate with us by sending an email to support@kompaspm.com if you would like to delete your account permanently. Any documents related to you, your lease, or your rental unit that are available on the Platform will be deleted 30 days after receipt of your account deletion request. To request a copy of these documents (if you have not already downloaded them off of the Platform yourself), you must do so within 30 days of submitting your account deletion request. All requests should be sent to support@kompaspm.com. 

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If you have only used the Platform as a Prospective Tenant, please note that your account will remain active unless you write to us to request that we delete your account. 

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Communications on the Platform  

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  1. Tenant Communications

To facilitate communications between Tenants and Organizations, Tenants can submit inquiries through a fillable form directly on the Platform. Inquiries may include service or maintenance requests or other questions related to a Tenant’s rental unit. Tenants will receive a notification on the Platform when the Organization has responded to their inquiry. 

  1. Organization Communications

Organizations can send notifications to update Tenants about matters related to their rental units, such as scheduled outages or planned renovations. These notifications will be accessible to Tenants through the Platform.

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  1. Platform Communications

The Platform will automatically notify you about certain matters related to your lease and/or rental unit. These notifications may include updates on new terms taking effect, reminders for overdue rent, and other relevant communications.

  1. History of Communications and Documentation 

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Any documents that were provided to you on the Platform and/or pertain to the landlord-tenant relationship will remain accessible to you via the Platform. Such documents include, but are not limited to: 

 

  1. An executed copy of your lease, its renewal notices and any other related documentation;
  2. All previously submitted inquiry requests;
  3. Any tax documents; and
  4. Your transaction history and payment-related documents, as described in greater detail in Section 6.

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Proprietary Rights 

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  1. Intellectual Property Rights

 

You acknowledge that: (i) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and (ii) Kompas, its Representatives and/or third parties (via license or otherwise) own all rights, title, and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOS are reserved to Kompas and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not. 

You agree you will not, and will not allow any third party, to: (i) copy, sell, resell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOS or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; (iii) “frame” or “mirror” the Services or the content of the Services on any other server or internet-enabled device; or (iv) remove, obscure, or alter Kompas’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

The content, arrangement and layout of the Services, including, but not limited to, its trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Kompas, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled, or otherwise used without the express permission of Kompas, or as permitted by the functionality of the Services or these TOS.  Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio, or trademarks found on the Platform and within the Services, or any portion of or derivative works thereof, may violate civil or criminal laws, including, but not limited to, intellectual property laws, and Kompas may take action accordingly.

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The above paragraph further applies to third party property used as part of the Services, including, but not limited to, third party Computer Code or third-party websites. For the purposes of the present section, “Computer Code” includes, but is not limited to, source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

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  1. Submitted Information

If you choose to communicate to Kompas (via any means) suggestions for improvements to the Services or any idea or proposal related to Kompas or its businesses or properties (collectively, “Feedback”), Kompas shall own all rights, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all rights, title, and interest in and to the Feedback to Kompas and waive in favor of Kompas, its successors and assigns all your moral rights in the Feedback and agree to provide Kompas such assistance as Kompas may require to document, perfect, and maintain Kompas’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Kompas, you are not entitled to any compensation or reimbursement of any kind from Kompas under any circumstances.

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External Links

From time to time, Kompas may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOS (including the websites or services of any Organization). When you access third party resources on the internet in this manner, you do so at your own risk. Kompas provides such links as a convenience to you and Kompas takes no responsibility for your use of those other websites or services or the protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. Kompas does not make any claim or warranty whatsoever about the content of the websites or services to which we link, or any products or services available through those websites or the third parties operating those websites. 

In no way will Kompas be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary resulting from, caused by, or in connection with: (1) your use of websites or other services that may be linked to from the Services or the information thereon; (2) any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) use of or reliance on any content, products, or services (whether free or for purchase) available on or through any linked-to website or service; or (4) the actions of the operators of any such website or service.‍

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Interruption of Service

From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Kompas and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services and disclaims any responsibility thereto. 

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Termination of the TOS and Access to the Services

You agree that Kompas, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, if Kompas believes that you have acted inconsistently with the letter or spirit of the TOS or the Privacy Policy or have violated any other posted policy. 

Kompas may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Kompas and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Kompas’ termination of the Services or any part thereof.

Termination of the Services or your access to the Services shall terminate the present TOS as between you and Kompas. All provisions of these TOS which by their nature should survive termination of these TOS shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity, and limitations of liability.

Any lease or other contract with an Organization exists separate and apart from the TOS. Any modification or termination of these TOS will not affect your contract or legal relationship with an Organization. 

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Disclaimer of Warranties

The Services, or any materials (including third party materials) accessed therefrom, are provided on an "as is" and "as available" basis. 

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Kompas expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement; warranties that the Services, the information thereon or any materials accessed therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. Kompas, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; or (iii) the results of using the Services or any content accessed from the Platform will meet your requirements or expectations. 

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Some of the content displayed in connection with the Services (including on the Platform) includes elements that belong to or are provided by third parties (including Organizations). You acknowledge that Kompas assumes no responsibility for such content whatsoever. 

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To the extent that the law does not permit a disclaimer of warranties, all content accessible in connection with the Services (including on the Platform) and all operations of the Services are warranted only to the minimum amount legally required.

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Limitation of Liability

Kompas provides Organizations with the means to manage their real estate properties and facilitate coordination with tenants for the completion of rental applications, the signing of leases and the management of the landlord-tenant relationship. The Platform serves as an accounting and property management tool and Kompas does not assume any responsibility for (a) issues related to the physical condition or maintenance of rental units or (b) any other matters arising out of or in connection with the landlord-tenant relationship. If you experience any issues with your rental unit, your rental application, your lease or an Organization, you must communicate directly with the Organization managing the property. Kompas is not responsible for handling or resolving any issues related to your rental unit, your rental application, your lease or your relationship with an Organization. If your issue with an Organization persists, we recommend that you reach out the regulatory authority responsible for handling tenant or consumer complaints in the jurisdiction where you reside.

In no case will Kompas or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, or punitive damages, or for any losses, damages, liabilities, costs, and expenses arising out of or relating to (i) your rental unit, your rental application, your lease or your relationship with an Organization, (ii) your access, use, misuse, or inability to access or use the Services; (iii) your reliance on any information accessed via the Platform; or (iv) the interruption, suspension or termination of any part of or all of the Services; and in all cases, regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability, or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOS, in no event will our aggregate liability for any claim in connection with your use of the Services exceed $500. 

You expressly understand and agree that Kompas or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, in contract, tort, strict liability, negligence, general civil liability, or any other cause of action under legal or equitable theory, relating to the Services, the information and content available in connection with the Services (including on the Platform), your use of the Services (including your relationship with an Organization, your filling out of a rental application or your execution of a lease), activities arising from your use of the Services, any third party materials available in connection with the Services (including on the Platform), or any materials accessed from the Services (including from the Platform). This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission, or other failure of performance by Kompas or its Representatives, any interruption, defect, or delay in operation or transmission, including communication line failure, any computer virus, and any theft, destruction, alteration of, unauthorized access to, or use of, any electronic records. 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

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Indemnity

Notwithstanding any other term of the TOS or any act or failure to act by Kompas or its Representatives, you agree to indemnify, defend, and hold harmless Kompas and its Representatives, where applicable, from and against any damages, liabilities, costs, and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon, the materials accessed therefrom; (ii) your participation in any activities arising from the Services, the information thereon or information or materials accessed therefrom; (iii) your violation of, or failure to perform your obligations under the TOS or the Privacy Policy; or (iv) your violation of any rights of a third party. ‍

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Governing Law and Applicable Jurisdiction

These TOS and your use of the Services shall be governed by and construed in accordance with the laws of the province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Kompas shall be brought exclusively in the courts located in the judicial district of Montréal, Canada. Notwithstanding the foregoing, Kompas shall have the right to bring action against you in any court of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.

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Miscellaneous Provisions

  1. The TOS, in conjunction with the Privacy Policy, constitutes the entire agreement between you and Kompas with respect to your use of the Services, superseding any prior agreements between you and Kompas. 
  1. Kompas shall not be liable for any failure to perform its obligations under the present TOS where such failure results from any cause beyond Kompas’ reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
  1. If any provision of the TOS or the Privacy Policy is found by a court of competent jurisdiction to be invalid, you and Kompas nevertheless agree that the other provisions of the TOS or the Privacy Policy, as the case may be, shall remain in full force and effect.
  2. The failure of Kompas to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision, which will still be available to Kompas.
  3. We may assign these TOS, at our sole discretion, without restriction. 
  4. The section titles in the TOS and Privacy Policy are for convenience only and have no legal or contractual effect. 

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