Terms & Conditions

1. ACCEPTANCE OF TERMS

By using 1LiVNG’s Services (“Services”), you acknowledge that you have read, understood, and agree to be bound by:

• These 1LiVNG Terms & Conditions (referred to as “1LiVNG T&C” or the “Terms and Conditions” or the “Terms”);
• Our Privacy Policy; and
• The terms and conditions of our authorized technology partners (“Partner T&Cs”), which govern your use of their respective platform components integrated into the Services:

• • Alliants’ T&C (“Alliants T&C”) (applicable to your use of the guest experience platform component, e.g., staff backend AXP);
  • Hospiria’s T&C (“Hospiria T&C”) (applicable to your use of the property management system component, e.g., Multi calendar).

You are responsible for reviewing and complying with all applicable terms. Your use of the Services constitutes your acceptance of these 1LiVNG T&C, our Privacy Policy, and the applicable Partner T&Cs.

ORDER OF PRECEDENCE AND RESOLUTION OF CONFLICTS

Your use of the Services is subject to all the terms listed above. In the event of any direct conflict or inconsistency between these documents, the following order of precedence shall apply to resolve such conflict:

• 1LiVNG T&C Prevails Over Partner T&Cs: These 1LiVNG T&C shall take precedence and prevail over any conflicting or inconsistent provisions in either the Alliants T&C or the Hospiria T&C. Your primary contractual relationship for the overall Services is with 1LiVNG.
• Conflict Between Partner T&Cs (Alliants T&C vs. Hospiria T&C): This rule applies only if a provision in the Alliants T&C directly conflicts with a provision in the Hospiria T&C regarding the same specific subject matter or user obligation, AND this conflict is not otherwise resolved by a prevailing term in the 1LiVNG T&C (as per point 1 above). In such a specific and limited circumstance:
  
  • The partner term that, in 1LiVNG’s reasonable determination, imposes a stricter standard of conduct on you (the User), a greater obligation upon you, or grants you fewer rights, will apply to that specific point of conflict.
  • The purpose of this clause is to ensure a consistent and high standard of operational integrity and user responsibility when interacting with components from different partners through our Services.
  • For example: If Alliants T&C requires you to report a specific type of data issue within 2 hours, and Hospiria’s T&C, for an analogous issue within its system, requires reporting within 24 hours, and this 1LiVNG T&C does not specify a timeframe, the 2-hour requirement (being stricter on you) would apply if the nature of the issue and your obligation could be considered comparable across both partner platforms.
• Interpretation: If any ambiguity remains after applying these rules, or if there is a question about which term applies, 1LiVNG reserves the right to interpret and determine the applicable term in its reasonable discretion, acting in good faith.”

2. SCOPE OF SERVICES

1LiVNG provides:

• Guest Experience Platform (powered by Alliants): Mobile/web apps for guests and staff to manage requests.
• Property Management System (powered by Hospiria): Tools for short/mid-term rental reservations and operations.

Key Features:

• Guest Services: Includes messaging, personalized experiences, and streamlined request handling.
• Property Management: Enables property managers to efficiently handle bookings, payments, and day-to-day operations.
• Integration Capabilities: Seamless integration with third-party services (e.g., payment gateways, channel managers).

Third-Party Services:

• Alliants and Hospiria operate their platforms independently under their respective terms and conditions.
• 1LiVNG is not liable for outages, errors, or changes to these third-party platforms. Users are subject to the terms and conditions of these services, available at:
  
  • [Alliants’ T&C](link to Alliants T&C document) (guest experience platform),
  • [Hospiria’s T&C] (link to Hospiria T&C document) (property management system).

3. DEFINITIONS

The following definitions apply across 1LiVNG, Alliants, and Hospiria’s Terms & Conditions, as applicable. Throughout these 1LiVNG Terms & Conditions, pronouns such as ‘you’ and ‘your’ refer to the ‘User’ as defined below, unless the context clearly indicates otherwise.

• “Customer”:
  
  • Means the entity or individual who has entered into an agreement with 1LiVNG to use its Services.
• “Personal Data” or “Personal Information”:
  
  • Means any information that relates to an identifiable individual, directly or indirectly.
  • Includes (but is not limited to):
    
    1. Names, contact details (e.g., email, phone number), financial information.
    2. Any other data that could reasonably be used to identify an individual.
• “Services”:
  
  • Refers collectively to the Guest Experience Platform (powered by Alliants) and the Property Management System (PMS) (powered by Hospiria).
  • Includes all related features, functionalities, and tools provided through these platforms or by 1LiVNG.
• “User”:
  
  • Refers to any individual who accesses or uses the Services. This term encompasses, but is not limited to:

• • 1. Guests: Individuals staying at properties managed through or utilizing 1LiVNG’s Services.
    2. Customer Representatives: Any individual authorized by a Customer to access, administer, or use the Services on that Customer’s behalf, including, but not limited to, Property Managers, staff members, administrators, or other personnel.

• Additional Definitions:
  
  • For specific terms used in the context of Alliants’ and Hospiria’s platforms, refer to:

• • 1. [Alliants’ Definitions](link to Alliants T&C document)
    2. [Hospiria’s Definitions](link to Hospiria T&C document)”

4. USER RESPONSIBILITIES

By using 1LiVNG’s Services, you agree to:

• Provide Accurate Information:

• • Ensure that all account information (e.g., name, contact details, login credentials) is accurate, complete, and up-to-date.
  • Notify 1LiVNG promptly of any changes to your account information.

• Use the Services Lawfully:

• • Not engage in any activity that constitutes misuse of the Services, including (but not limited to):
    
    • Hacking, unauthorized access, or attempts to breach security measures.
    • Spamming, phishing, or distributing unsolicited communications.
    • Fraudulent activities or misrepresentation of identity.
    • Any other actions that could harm 1LiVNG, its partners, or other users.

• Comply with Partner Policies:

• • Adhere to Alliants’ Acceptable Use Policy (for the Guest Experience Platform).
  • Comply with Hospiria’s User Guidelines (for the Property Management System).
  • Links to these policies are available at:
    
    • [Alliants’ Acceptable Use Policy](link to Alliants AUP)
    • [Hospiria’s User Guidelines](link to Hospiria User Guidelines)

Account Security

You are responsible for the security of your account and credentials. Specifically, you agree to:

• Password Selection (if applicable): Where you are permitted to set or change your own password for accessing the Services, you must choose a password of sufficient strength and complexity that it cannot be easily guessed or discovered by third parties. It is strongly recommended that such passwords be unique to your 1LiVNG account and not reused across other services.
• Safeguarding Credentials: Keep your login credentials (including passwords, API keys, or other access tokens, if applicable) confidential and secure at all times. Do not share your credentials with any unauthorized individuals. You are responsible for all activities that occur under your account, whether or not authorized by you.
• Reporting Unauthorized Access: Notify 1LiVNG immediately at security@1livng.com  if you become aware of or suspect any unauthorized access to or use of your account, your credentials, or any other breach of security related to the Services.

Failure to comply with these responsibilities may result in the suspension or termination of your access to the Services, and may also impact 1LiVNG’s ability to provide support or recover account access.

a. INTELLECTUAL PROPERTY

• 1LiVNG’s Intellectual Property:

• • 1LiVNG or its licensors own all rights, title, and interest in and to its trademarks, logos, and original content (e.g., text, images, branding materials) associated with the Services.

• Partners’ Intellectual Property:

• • Alliants and Hospiria retain all rights to their respective software, APIs, platforms, and other proprietary materials used in connection with the Services.
  • You acknowledge that you do not acquire any ownership or rights in the intellectual property of Alliants or Hospiria through your use of the Services.

• Your Data:

• Ownership: You (or your licensors, as applicable) retain all right, title, and interest, including all intellectual property rights, in and to any data, information, content, or materials you upload, submit, input, or otherwise make available to or through the Services (“Your Data”).

• License to Process Your Data for Service Delivery: By using the Services, you grant 1LiVNG and its authorized technology partners (Alliants and Hospiria) a worldwide, non-exclusive, non-transferable (except as necessary for providing the Services or as permitted herein), revocable (in accordance with these Terms or your agreement with 1LiVNG) license to access, use, process, copy, distribute, perform, export, and display Your Data solely to the extent necessary:

• • to provide, maintain, and deliver the Services to you;
  • to prevent or address service, security, or technical issues;
  • as required by law; or
  • as expressly permitted in writing by you.

• License for Aggregated and Anonymized Data for Service Improvement: Notwithstanding the foregoing, you grant 1LiVNG and its authorized technology partners (Alliants and Hospiria) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to:

• • Anonymize and/or Aggregate Your Data: Create anonymized and/or aggregated data from Your Data. “Anonymized” means data from which all personal identifiers have been removed or obscured, such that the remaining data does not identify, and cannot be used to identify, any individual person. “Aggregated Data” means data that is combined with other data and presented in a summary form that does not reveal individual data points or identify any individual person or Customer.
  • Use Anonymized/Aggregated Data: Use, copy, modify, create derivative works of, display, disclose, distribute, and otherwise exploit such Anonymized and/or Aggregated Data for any business purpose, including but not limited to:
    
    • Improving the Services, developing new services, features, and functionalities;
    • Conducting research and analysis;
    • Generating industry insights, statistical information, and benchmarks;
    • Marketing and promotional activities (provided such data does not identify you or any individual).
  • For clarity, 1LiVNG and its partners will not use Your Data in a way that identifies you, your Guests, or your Customer Representatives to any third party, except as described in our Privacy Policy or as necessary to provide the Services.

• Your Responsibilities: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Data, and for obtaining all necessary rights, consents, and permissions for 1LiVNG and its partners to process Your Data as contemplated by these Terms and our Privacy Policy. You represent and warrant that Your Data, and its use as authorized herein, does not and will not infringe, misappropriate, or violate any third-party rights (including intellectual property rights, privacy rights, or publicity rights) or any applicable laws or regulations.

Additional Intellectual Property Terms:
For further details on intellectual property rights related to the Services, refer to:

• [Alliants’ Intellectual Property Terms (Section 13 of Alliants T&C)](link to Alliants T&C document)
• [Hospiria’s Intellectual Property Terms (Section 7 of Hospiria T&C)](link to Hospiria T&C document)

b. PAYMENTS AND FEES

This section outlines the payment terms, fees, and refund policies applicable to end-users (guests and tenants/owners) when using 1LiVNG’s Services.

Payment Processing and Gateways:

1LiVNG’s Services facilitate payments by end-users for various services or amenities through integrated third-party payment gateways (e.g., Stripe, PayPal, etc). When you make a payment, you will be subject to the terms and conditions of these third-party payment gateways.

Disclaimer Regarding Payment Gateways and Financial Information:

• No Access to Credit Card Information: All billing and financial information you provide during payment processing is collected directly by the respective third-party payment gateway on their own secured servers. 1LiVNG does not collect, access, store, or have visibility into your full credit card information or other sensitive financial details.

• Responsibility for Payment Gateway Issues: 1LiVNG shall in no way be held responsible or liable for any losses or damages, whether direct, indirect, pecuniary, or otherwise, resulting from any error, interruption, delay, or failure on the part of the payment gateways, or any breach of information security caused by faulty programming or malicious actors on the servers of the payment gateways. Any issues or disputes related to payment processing through these gateways should be directed to the respective payment gateway provider, though 1LiVNG may offer reasonable assistance in facilitating communication where appropriate.

• Record-Keeping: While 1LiVNG does not access your sensitive financial details, non-financial information related to transactions (such as transaction IDs, amounts, dates, and service purchased) will be available to 1LiVNG for record-keeping, service provision, and support purposes, in accordance with our Privacy Policy.

Transaction Fees for Guest Services

• Transaction Fees: Guests may incur fees for services purchased through Alliants’ platform (e.g., booking amenities, activities).
• Payment Processing: Payments are securely processed via Alliants’ platform.

Refund Policies

• For Guest Services:

• • Refunds for services purchased through Alliants’ platform are governed by [Alliants Refund Policy](link to Alliants refund policy).
  • Guests should refer to Alliants’ refund policy for details on eligibility, timelines, and procedures.

• For Property Management Services:

• • Refunds related to bookings or property management services facilitated through Hospiria’s PMS are governed by [Hospiria Refund Policy](link to Hospiria refund policy).
  • Tenants/owners should refer to Hospiria’s refund policy for specific details.

Additional Payment Terms

For further details on payment-related terms and conditions:

• Refer to [Alliants’ Payment Terms (Section 11 of Alliants T&C)](link to Alliants T&C document).
• Refer to [Hospiria’s Payment Terms (Section 11 of Hospiria T&C)](link to Hospiria T&C document).

c. DISCLAIMERS AND LIMITATIONS OF LIABILITY

1LiVNG, its affiliates, and its partners (Alliants and Hospiria) strive to provide reliable Services. However, certain limitations and exclusions of liability apply as outlined below.

Liability of 1LiVNG

1LiVNG is not liable for:

• Partner Platform Issues:
  
  • Outages, errors, or interruptions in the Services caused by Alliants’ or Hospiria’s platforms.
• Third-Party Actions:
  
  • Actions or omissions by third parties, including (but not limited to):
    
    • Guest disputes or claims.
    • Failures or errors by payment processors or other third-party service providers.
• Indirect Damages:
  
  • Indirect, incidental, special, punitive, or consequential damages, including (but not limited to):
    
    • Lost profits or revenue.
    • Data loss or corruption.
    • Business interruption or loss of business opportunities.

Cap on Liability

1LiVNG’s total liability to you for any claims arising out of or related to these Terms & Conditions is limited to the total fees paid to 1LiVNG in the last 12 months.

Additional Liability Terms of Partners

For further details on the liability terms applicable to the Services:

• Refer to [Alliants’ Liability Terms (Section 17 of Alliants T&C)](link to Alliants T&C document).
• Refer to [Hospiria’s Liability Terms (Section 11 of Hospiria T&C)](link to Hospiria T&C document).

5. TERMINATION

This section outlines the circumstances under which your access to 1LiVNG’s Services may be terminated or suspended, and the effects thereof.

Termination by You

You may terminate your account and cease using the Services at any time by:

• Closing your account through the platform settings, if available; or
• Contacting 1LiVNG’s support team for assistance in closing your account.

Termination or Suspension by 1LiVNG or Partners

1LiVNG, or its partners (Alliants and Hospiria) acting in accordance with their own terms and as permitted under our agreements with them, may suspend or terminate your access to the Services or specific components thereof, with or without prior notice, if:

• Violations of Terms: You breach these 1LiVNG Terms & Conditions or the applicable terms of our partners.
• Non-Payment: Fees or charges related to the Services remain unpaid beyond any applicable cure period.
• Legal Compliance: Termination or suspension is required to comply with legal obligations, court orders, or regulatory requirements.
• Harm or Risk: Your use of the Services poses a security risk, may harm 1LiVNG, our partners, other users, or third parties, or may subject us or them to liability.
• Other Grounds: As specified in the terms of Alliants and Hospiria, or for any other reason deemed necessary by 1LiVNG in its reasonable discretion to protect the integrity or operation of the Services (e.g., prolonged inactivity, fraudulent activity).

Effect of Termination

Upon termination of your account or access to the Services for any reason:

• Access to Services Discontinued: Your right to access and use the Services will immediately cease.
• Outstanding Obligations: Termination does not relieve you of any outstanding obligations accrued prior to termination, including but not limited to:
  
  • Payment of all unpaid fees or charges.
  • Any other liabilities incurred before termination.
• Data: Your access to Your Data through the Services may be discontinued. Please refer to our policies on data retention and deletion

Termination of These Terms and Conditions & Survival

Unless otherwise agreed in writing, the termination of your use of the Services for any reason shall also constitute the termination of these 1LiVNG Terms & Conditions as between you (User) and 1LiVNG. However, all provisions of these 1LiVNG Terms & Conditions which by their nature should survive termination shall survive such termination. This includes, without limitation, provisions concerning ownership of intellectual property, disclaimers of warranties, indemnification obligations, limitations of liability, governing law, dispute resolution, and any payment obligations accrued prior to termination.

Additional Termination Terms of Partners

For further details on termination-related terms and conditions specific to the partner platforms, refer to:

• [Alliants’ Termination Terms (Section 20 of Alliants T&C)](link to Alliants T&C document).
• [Hospiria’s Termination Terms (Section 14 of Hospiria T&C)](link to Hospiria T&C document).”

a. DISPUTE RESOLUTION

This section outlines the process for resolving disputes related to 1LiVNG’s Services.

Governing Law and Jurisdiction

• Governing Law: These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
• Exclusive Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms & Conditions shall be brought exclusively in the courts of the Province of Ontario located in Toronto, and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, 1LiVNG shall have the right to bring action against you in courts 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 Toronto 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 Toronto court.
• Applicability: This governing law and jurisdiction apply to all disputes arising out of or related to these Terms & Conditions and your use of the Services.”

Negotiation First

• Informal Resolution:
  
  • In the event of a dispute, the parties agree to first attempt to resolve the matter informally through negotiation.
  • This involves direct communication between the parties to reach a mutually acceptable resolution.
• Timeframe:
  
  • Parties are expected to engage in good-faith negotiations for a reasonable period (typically 30 days) before escalating the dispute further.

Additional Dispute Resolution Terms of Partners

For further details on dispute resolution related to the Services:

• Refer to [Alliants’ Dispute Resolution Terms (Section 33 of Alliants T&C)](link to Alliants T&C document).
• Refer to [Hospiria’s Dispute Resolution Terms (Section 15 of Hospiria T&C)](link to Hospiria T&C document).

b. MODIFICATIONS

1LiVNG reserves the right to modify or update these Terms & Conditions from time to time.

Changes by 1LiVNG

• Notice of Material Changes:

• • 1LiVNG reserves the right to modify these Terms & Conditions from time to time. For any material changes to these Terms & Conditions, 1LiVNG will endeavor to provide you with at least thirty (30) days’ notice before such changes take effect.
  • Notice of material changes may be provided by posting a notification on our website, sending an email to the address associated with your account, or through other reasonable means of communication.
  • Your continued use of the Services after the effective date of any changes will constitute your acceptance of the revised Terms & Conditions. If you do not agree to the changes, you must stop using the Services and may terminate your account as described in Section 8 (Termination).

• Review Responsibility and Access to Current Terms:

• • It is your responsibility to regularly review these Terms & Conditions to stay informed about any updates or changes.
  • You can always find the most recent version of these Terms and Conditions at https://www.1livng.com/terms-and-conditions]. The date indicated at the top of the Terms & Conditions page signifies when these Terms & Conditions were last updated.

Changes by Partners

• Independent Updates:
  
  • Alliants and Hospiria may update their respective terms and conditions independently.
  • Continued use of their platforms after any changes are made will constitute your acceptance of the updated terms.
• Notification:
  
  • While 1LiVNG will make reasonable efforts to notify you of significant changes to partner terms, it is your responsibility to review the terms of Alliants and Hospiria directly.
  •  

Additional Modification Terms of Partners

For further details on how Alliants and Hospiria handle modifications to their terms:

• Refer to [Alliants’ Modification Terms (Section 24 of Alliants T&C)](link to Alliants T&C document).
• Refer to [Hospiria’s Modification Terms (Section 14 of Hospiria T&C)](link to Hospiria T&C document).

c. CONTACT US

For questions or disputes:

• Email: legal@1livng.com
• Postal Address: 99 Yorkville Ave. Suite 200, Toronto ON M5R 3K5, Canada