Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Bowrand, Inc. (“Bowrand,” “we,” “us,” or “our”), the company behind PropUp, governing your access to and use of the PropUp website, applications, and services (collectively, the “Services”). By accessing or using the Services, you accept and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately discontinue use of the Services.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. Bowrand may update these Terms at any time. Continued use after changes constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

2. Description of Service

PropUp provides a comprehensive suite of tools for real estate professionals, including Customer Relationship Management (CRM), website hosting, social media automation, AI-powered content, calling, email, SMS messaging, and marketing tools. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.

3. User Accounts & Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Services. You agree to provide accurate, current, and complete registration information and to keep it updated. You are solely responsible for safeguarding your account credentials and for all activities under your account. You must immediately notify us at info@bowrand.com if you believe your account has been compromised.

4. Subscription, Billing & No Refunds

The Services are sold as automatically renewing subscriptions requiring recurring payments (monthly or annually). You authorize Bowrand to charge your payment method on file at sign-up and on each renewal date. If you cancel before the end of your current billing period, you will not receive a refund for amounts already paid, to the fullest extent permitted by law. Bowrand reserves the right to update subscription pricing with notice; continued use constitutes acceptance of new pricing.

5. Your Responsibilities

You represent and warrant that you will comply with all applicable laws in connection with your use of the Services. You are solely responsible for: (a) collecting and maintaining your contact lists in compliance with applicable laws; (b) obtaining all consents required under CASL, TCPA, and other anti-spam legislation; (c) ensuring all customer communications and marketing content comply with applicable laws; and (d) the actions of your authorized users.

6. Intellectual Property

The Services and all content, features, functionality, trademarks, and trade dress are and will remain the exclusive property of Bowrand, Inc. and its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your lawful internal business purposes. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works from any part of the Services.

7. Indemnification

You agree to indemnify, defend, and hold harmless Bowrand, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any law or third-party rights; (d) any customer communications or marketing content you send through the Services; (e) any dispute between you and any third party; or (f) your willful misconduct. Bowrand reserves the right to assume exclusive defense and control of any matter subject to indemnification by you.

8. Disclaimer of Warranties

The Services are provided on an “as-is” and “as-available” basis. Bowrand expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses. No advice or information from Bowrand shall create any warranty not expressly stated herein.

9. Limitation of Liability

To the maximum extent permitted by law, Bowrand, its subsidiaries, affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, arising from your use of the Services or inability to use the Services, regardless of the theory of liability, even if advised of the possibility of such damages. Bowrand's total aggregate liability for all claims shall not exceed the fees you paid in the 12 months immediately preceding the event giving rise to the claim.

10. Dispute Resolution & Arbitration

Mandatory Negotiation: Before initiating any formal proceedings, you agree to first attempt to resolve any dispute through good-faith negotiation by sending written notice to info@bowrand.com. You and Bowrand shall negotiate in good faith for a period of at least thirty (30) days.

Binding Arbitration:If negotiation fails, any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered in Calgary, Alberta, Canada, in accordance with the arbitration rules of the ADR Institute of Canada. The arbitration shall be conducted by a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You agree that all disputes shall be resolved on an individual basis only. You waive any right to participate in a class action, class-wide arbitration, or any other representative proceeding. If this waiver is found unenforceable, the entire arbitration provision shall be void.

Small Claims Exception:Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to the arbitration clause above, you consent to the exclusive jurisdiction and venue of the courts located in Calgary, Alberta, Canada.

12. Termination

Bowrand may terminate or suspend your account and access to the Services at any time, with or without cause and without prior notice. Upon termination, your right to use the Services ceases immediately. All fees owed become immediately due and payable. Bowrand is not liable to you or any third party for any termination of your access. Sections 5 through 11 and any provisions that by their nature should survive termination shall survive.

13. Force Majeure

Bowrand shall not be responsible for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, internet or utility failures, government actions, or any other force majeure event.

14. Entire Agreement & Severability

These Terms, together with our Privacy Policy and any applicable Order, constitute the entire agreement between you and Bowrand regarding the Services. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver. These Terms may not be assigned by you without Bowrand's prior written consent; Bowrand may freely assign these Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Bowrand, Inc.
407 9 Ave SE, Calgary, AB T2G 2K7, Canada
info@bowrand.com