1. The Services
Tojuco provides a technology platform designed to support real-estate media companies and their business operations. Features may include company and user management, scheduling, order and service management, vendor coordination, property-media storage and delivery, public tours, feature sheets, invoicing, payments, and third-party integrations.
The availability of particular features depends on your subscription, account configuration, and any applicable order form or separate agreement.
Tojuco is a software provider. Unless expressly agreed otherwise in writing, Tojuco does not itself provide real-estate photography, property measurements, floor-plan production, staging, or other services offered by companies using the platform.
2. Accounts and Authorized Users
You must provide accurate information when creating an account and keep it reasonably up to date. You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account, except to the extent caused by Tojuco's own acts or omissions.
Organizations are responsible for managing their authorized users, assigning appropriate permissions, and removing access when it is no longer required. Users must not share accounts in a manner that compromises security or circumvents applicable subscription restrictions.
You must notify Tojuco promptly if you become aware of unauthorized access or a security incident affecting your account.
3. Business Customers and White-Label Portals
Business customers may configure branded portals, invite users, manage services, establish pricing, assign vendors, and make content available through the platform.
Each business customer is responsible for its own commercial relationships with agents, vendors, and other customers, including its service descriptions, pricing, cancellations, refunds, professional obligations, and applicable consumer protection requirements.
Where you access Tojuco through a white-label portal operated by another business, that business may establish additional terms governing the services it provides to you. Those terms are separate from these Terms unless expressly incorporated into an agreement with Tojuco.
Business customers are responsible for ensuring that their users receive appropriate privacy notices and that they have the authority required to provide personal information and content to the platform.
4. Subscriptions, Fees, and Payment
Fees for Tojuco subscriptions, usage-based services, optional features, or other charges will be set out in the applicable pricing page, order form, subscription agreement, or checkout process.
Unless otherwise stated in the applicable agreement, fees are payable in the currency and at the frequency disclosed at the time of purchase, applicable taxes are additional unless expressly stated otherwise, customers are responsible for maintaining valid payment information and paying amounts properly due, and usage limits or optional service fees are governed by the applicable commercial terms.
If a subscription renews automatically, the renewal frequency, charges, cancellation method, and any notice requirements will be disclosed in the applicable agreement or checkout process.
Tojuco may suspend access for materially overdue amounts after providing notice and a reasonable opportunity to resolve the issue, subject to applicable law and the relevant agreement.
The specific pricing, renewal, cancellation, and refund terms presented to a customer at purchase will control if they conflict with this general section.
5. Cancellation and Termination
You may cancel a subscription in accordance with the cancellation process and notice requirements stated in your applicable subscription agreement or account settings.
Cancellation does not automatically entitle a customer to a refund of fees already paid, except where required by law or expressly provided in the applicable agreement. Any unpaid amounts properly incurred before cancellation remain payable.
Tojuco may suspend or terminate access if a user materially violates these Terms, engages in unlawful activity, creates a material security risk, or fails to pay amounts properly due, subject to applicable notice requirements.
Upon termination, access to the Services may end. Customer data will be handled in accordance with the applicable agreement, our Privacy Policy, and legal retention requirements.
6. Customer Content and Ownership
Customer Content includes photographs, videos, floor plans, property details, measurements, logos, documents, messages, and other materials uploaded, created, or submitted by users through the Services.
As between Tojuco and the customer, the customer retains its ownership rights in Customer Content, subject to any rights belonging to third parties. Tojuco does not claim ownership of Customer Content merely because it is uploaded to the platform.
You grant Tojuco a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, display, transmit, and otherwise use Customer Content only as reasonably necessary to provide, maintain, secure, and improve the Services, fulfill your instructions, and comply with applicable law.
You represent that you have the rights and permissions necessary to submit Customer Content and authorize its use through the Services.
7. Property Information, Measurements, and Media
Business customers and their users are responsible for the accuracy and completeness of property information, measurements, descriptions, and media they submit or approve.
Tojuco may provide tools for calculating, formatting, displaying, or publishing measurements and property information. These tools support business workflows but do not replace professional judgment, verification, or any measurement standards applicable to a particular transaction or jurisdiction.
Unless expressly agreed otherwise, Tojuco does not warrant the accuracy of user-supplied measurements, floor plans, listing details, or other property representations.
8. Public Tours and Sharing
The Services may allow users to publish property tours, media galleries, feature sheets, and other public-facing content. The organization responsible for the content determines what is published and is responsible for obtaining the necessary permissions.
Public content may be accessible through shared links and may be copied, shared, or indexed by third parties depending on the publication settings. Tojuco cannot guarantee that publicly distributed content can be removed from all third-party systems after publication.
You must not publish content that violates applicable law, infringes another person's rights, or discloses sensitive personal information without appropriate authority.
9. Third-Party Integrations
Tojuco may support integrations with payment processors, accounting software, calendar services, MLS systems, and other third-party platforms.
You are responsible for maintaining any required third-party accounts, permissions, licences, and agreements. Third-party services are governed by their own terms and policies, and their availability or functionality may change independently of Tojuco.
Tojuco does not guarantee that third-party integrations will operate continuously or that a third party will accept, publish, or process information submitted through an integration.
10. Acceptable Use
We may take reasonable action to investigate and address violations, including restricting access or removing unlawful content where appropriate.
- Engage in unlawful, fraudulent, or deceptive activity.
- Upload malicious software or interfere with platform security.
- Access information or accounts without authorization.
- Infringe intellectual property, privacy, or other legal rights.
- Submit content that is unlawful, defamatory, or otherwise prohibited by applicable law.
- Attempt to reverse engineer, copy, resell, or exploit the software except as permitted by law or a written agreement.
- Circumvent usage limits, access controls, or security measures.
- Use automated tools in a manner that materially disrupts the Services.
- Interfere with another customer's access or use of the platform.
11. Intellectual Property
Tojuco and its licensors retain all rights, title, and interest in the platform, software, website, designs, trademarks, documentation, and related intellectual property, excluding Customer Content.
Subject to these Terms and payment of applicable fees, Tojuco grants you a limited, non-exclusive, non-transferable right to access and use the Services for your authorized business purposes during the applicable subscription term.
No ownership rights in the software are transferred to you. You may not use Tojuco's name, trademarks, or branding without permission, except as expressly permitted through the Services or a written agreement.
12. Privacy and Confidentiality
Our collection, use, and disclosure of personal information are described in our Privacy Policy. Business customers remain responsible for their own privacy obligations relating to information they collect and process through the platform.
Each party agrees to protect the other party's confidential business information using reasonable care and to use it only for purposes connected with the Services, except where disclosure is authorized or required by law.
13. Availability and Changes to the Services
We aim to provide reliable Services and may perform maintenance, updates, and improvements from time to time. Temporary interruptions may occur due to maintenance, technical issues, third-party services, or events outside our reasonable control.
Tojuco may modify features or functionality, provided that material changes affecting paid subscriptions are handled in accordance with the applicable agreement and applicable law. Any service-level commitments, support response times, or specific availability guarantees must be expressly stated in a separate agreement.
14. Disclaimer of Warranties
To the maximum extent permitted by applicable law, and except for warranties expressly provided in a written agreement, the Services are provided on an as is and as available basis.
Tojuco does not guarantee that the Services will be uninterrupted, error-free, or suitable for every particular business purpose. We do not warrant the accuracy of third-party information, customer-submitted content, or the services performed by independent businesses or vendors using the platform.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Tojuco will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost business opportunities, or loss of goodwill, arising from the use of the Services.
To the maximum extent permitted by law, Tojuco's aggregate liability arising out of or relating to the Services will not exceed the fees paid or payable by the customer to Tojuco during the twelve months immediately preceding the event giving rise to the claim.
These limitations do not apply to liability that cannot lawfully be limited or excluded, and do not override any different liability provisions expressly agreed to in a signed agreement.
16. Indemnification
To the extent permitted by law, you agree to indemnify and hold Tojuco harmless from third-party claims, damages, and reasonable expenses arising from your unlawful use of the Services, your infringement of third-party rights, or Customer Content you submit without the necessary rights or authority.
This obligation does not apply to the extent a claim is caused by Tojuco's own breach, negligence, or unlawful conduct.
17. Governing Law and Disputes
These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.
Subject to any mandatory rights or jurisdictional requirements under applicable law, the courts of British Columbia will have jurisdiction over disputes arising from these Terms. Before commencing formal proceedings, the parties agree to make reasonable efforts to resolve disputes through good-faith discussions.
18. Changes to These Terms
We may update these Terms to reflect changes in the Services, business practices, or applicable law. Material changes will be communicated through the website, platform, or other appropriate means.
Where required by law or an applicable agreement, we will obtain consent or provide the required notice before changes take effect. Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law.
19. General Provisions
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect. Failure to enforce a provision does not constitute a waiver of the right to enforce it later.
You may not assign your rights or obligations under these Terms without Tojuco's prior written consent, except as permitted by an applicable agreement. Tojuco may assign these Terms in connection with a merger, reorganization, or sale of substantially all relevant assets, subject to applicable law.
These Terms, together with the Privacy Policy and any applicable order form, subscription agreement, or other written agreement, constitute the agreement governing your use of the Services. In the event of a conflict, the applicable signed agreement will prevail to the extent of the conflict.