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1. Introduction and Agreement

Nuage Enterprise Inc. dba Communities ("Communities," "we," "us," or "our") operates the Communities XP software and related websites, applications, marketing tools, integrations, and services (collectively, the "Services").

These Terms of Service (the "Terms"), together with the applicable Order Confirmation, Cancellation & Refund Policy, Privacy Policy, and any product-specific or add-on terms presented at purchase, form the agreement between you and Communities.

By creating an account or purchasing a paid Service, you must affirmatively accept the applicable agreement documents presented to you. If you do not agree, do not create an account, purchase a Service, or continue using the Services.

2. Eligibility and Authority

You represent that you are at least 18 years old and have legal authority to enter into this agreement. If you act for a company, brokerage, team, or other organization, you represent that you are authorized to bind that organization, and references to "you" include that organization.

3. Services and Order-Specific Terms

Communities XP may offer CRM software, lead-generation and marketing services, AI-assisted communications, websites and landing pages, coaching, reporting, advertising-management services, and other products or add-ons.

Your specific purchased product, price, currency, billing cadence, initial term, renewal cadence, setup or onboarding fee, advertising budget, add-ons, and any special commercial terms are the terms shown in the Order Confirmation or checkout record for your purchase.

If an Order Confirmation conflicts with these Terms on a commercial detail such as price, product, billing cadence, or included service, the Order Confirmation controls for that commercial detail.

4. No Trial or Guarantee Unless Expressly Stated

No free trial, 30-day trial, money-back guarantee, minimum lead guarantee, exclusivity promise, performance guarantee, pilot period, or similar special right applies unless it is expressly stated in your Order Confirmation or another written agreement issued by Communities for your purchase.

Communities provides tools, software, marketing services, and support, not guaranteed business outcomes. Unless expressly stated in an Order Confirmation, we do not guarantee any minimum number of leads, appointments, transactions, sales, closings, revenue, return on advertising spend, or other result.

Results depend on factors outside our control, including market conditions, customer follow-up, sales practices, pricing, competition, data quality, third-party platform performance, and advertising-market conditions.

5. Third-Party Platforms and Advertising

Some Services rely on third-party platforms, including Google, Meta, telecommunications carriers, email providers, data providers, and other integrations. We do not control their availability, approval decisions, pricing, policy changes, account restrictions, or performance.

A third-party platform delay, rejection, policy change, or interruption does not by itself mean Communities failed to provide the purchased Services. We will use commercially reasonable efforts to support or adjust affected Services where appropriate.

Advertising budgets and platform subscription fees are separate unless your Order Confirmation expressly states otherwise.

6. Fees, Billing, and Authorization

6.1 Order details. Before a paid purchase is confirmed, the checkout or Order Confirmation will display the purchased Service, price, currency, billing cadence, taxes or tax treatment, renewal terms where applicable, and any separately billed advertising budget or add-on.

6.2 Recurring billing consent. For automatically renewing Services, you must separately authorize recurring billing. The checkout will present language substantially similar to: "I authorize Communities to charge the displayed amount today and at the displayed billing cadence thereafter until I cancel. I understand that the subscription automatically renews until cancelled."

6.3 Authorization to charge. You authorize Communities and its payment processors to charge your designated payment method for the amounts you approve at purchase, including applicable taxes, recurring renewals, and separately authorized add-ons or advertising budgets.

6.4 Statement descriptor. Where technically available, the checkout or Order Confirmation will identify the statement descriptor expected to appear on your card statement. You should contact us promptly if you do not recognize a charge.

6.5 Price or cadence changes. We will provide advance notice of material changes to recurring price or billing cadence and obtain renewed consent when required by applicable law or payment-network rules.

6.6 Setup and onboarding fees. Any setup or onboarding fee shown in your Order Confirmation becomes non-refundable once onboarding, configuration, account setup, campaign setup, training, or comparable implementation work has begun, except where required by law or expressly stated otherwise in writing.

6.7 Taxes. You are responsible for applicable taxes shown at checkout or on your invoice.

6.8 Payment information. You are responsible for maintaining current payment and billing information.

7. Cancellation

7.1 Separate services. CRM subscriptions, advertising budgets, and add-ons are separately cancellable unless your Order Confirmation expressly bundles them as a single billable Service.

7.2 Self-service cancellation. Where available, you may cancel a recurring Service through the billing controls in your account. A self-service cancellation is effective when the system records the completed cancellation.

7.3 Email cancellation. If self-service cancellation is unavailable, you may email [email protected] from the email address associated with your account and clearly identify the Service or Services you want to cancel. A clear cancellation request is treated as received when it reaches our support mailbox.

7.4 Ambiguous requests. If you have more than one billable Service and your request is unclear, we may ask you to identify the Service you want cancelled. A request that specifically refers to campaigns, advertising, or an advertising budget will ordinarily be treated as relating to the advertising service unless the surrounding communication clearly requests cancellation of the CRM subscription as well.

7.5 Confirmation. We will send or display a cancellation confirmation identifying the Service cancelled, the cancellation date, any access-through date, and any separately billed Service that remains active.

7.6 Effect of cancellation. Cancellation stops future renewal billing for the identified Service. It does not automatically refund a paid period that has already begun.

8. Refunds

8.1 Annual and other prepaid subscriptions. Prepaid subscription fees are non-refundable after the paid term begins, except where required by law, where an Order Confirmation expressly states otherwise, or where Communities fails to provide the purchased Service as agreed.

8.2 Monthly subscriptions. Charges already incurred are non-refundable except where required by law. Cancellation prevents future renewal charges.

8.3 Setup and onboarding fees. Setup and onboarding fees are non-refundable after the related work begins, except where required by law or expressly stated otherwise in writing.

8.4 Advertising spend. Unused and uncommitted advertising funds may be eligible for a prorated refund or account credit after campaigns are paused. Amounts already spent or irrevocably committed to third-party advertising platforms are non-refundable except where required by law.

8.5 Add-ons. Refund treatment for add-ons is disclosed at purchase or in the applicable Order Confirmation.

8.6 Results. Lack of a particular lead, appointment, transaction, sale, revenue result, or advertising result is not by itself grounds for a refund.

8.7 Nothing in these Terms limits any non-waivable rights you may have under applicable law.

9. Billing Questions and Payment Disputes

We encourage you to contact [email protected] promptly with billing questions so we can investigate and attempt to resolve them.

Nothing in these Terms limits any non-waivable right to contact your bank, card issuer, or payment provider.

We may retain and submit relevant transaction records, acceptance records, cancellation records, usage records, order records, and communications as evidence in a billing or payment dispute.

10. Account, Acceptance, and Usage Records

To operate the Services, prevent fraud, administer billing, support customers, and document transactions, we may retain records such as account identifiers, account creation timestamps, IP addresses, user-agent information, acceptance timestamps, the exact terms and policies presented, checkout and Order Confirmation records, billing and cancellation records, login activity, and product-usage events, in accordance with our Privacy Policy and applicable law.

Usage records may be used to show when Services were available, accessed, configured, or used. Usage alone does not change the commercial terms of your Order Confirmation.

11. Electronic Communications and Acceptance

You consent to receive agreements, notices, invoices, renewal notices, cancellation confirmations, and other Service communications electronically where permitted by law.

Your electronic actions, including checking an acceptance box, clicking a purchase or confirmation button, or completing an authenticated cancellation flow, may constitute electronic acceptance of the applicable transaction or agreement.

12. Customer Responsibilities and Account Security

You are responsible for maintaining the confidentiality of your account credentials, keeping account and billing information accurate, and promptly notifying us of suspected unauthorized account access.

You are responsible for ensuring that your own use of email, SMS, calling, advertising, and other outreach features complies with applicable laws and for obtaining any legally required consent from your contacts.

13. Acceptable Use

You may not use the Services for unlawful, fraudulent, abusive, deceptive, or harmful activity; interfere with the operation or security of the Services; introduce malicious code; misuse third-party data; or violate third-party rights.

We may suspend or terminate access where reasonably necessary to protect customers, third parties, the Services, or Communities.

14. Intellectual Property

Communities and its licensors retain all rights in the Services, software, designs, trademarks, and related intellectual property. You receive a limited, non-exclusive, non-transferable right to use the Services during your active subscription, subject to these Terms.

You retain ownership of content you provide, subject to the licenses reasonably necessary for us to operate, support, secure, and improve the Services as described in the Privacy Policy and any applicable product terms.

15. Beta and Early-Access Features

Features identified as beta, preview, pilot, or early access may be incomplete, may change, and may be withdrawn. Unless an Order Confirmation expressly states otherwise, beta or early-access features are provided as-is and are excluded from any service-level or performance commitment.

16. Privacy and Data

Our collection, use, disclosure, retention, and transfer of personal information is described in the Privacy Policy.

After termination, data export and retention rights are governed by the Privacy Policy, product settings, applicable law, and any written data-retention commitment in the applicable Order Confirmation.

17. Call Recording

Calls with Communities may be recorded for quality assurance, training, support, security, and record-keeping where permitted by law. We will provide notice or obtain consent where required by applicable law.

18. Service Availability and Disclaimer

Except to the extent prohibited by law or expressly stated in an Order Confirmation, the Services are provided on an "as-is" and "as-available" basis. We do not warrant uninterrupted or error-free operation.

Nothing in this section excludes warranties or remedies that cannot legally be excluded.

19. Limitation of Liability

To the fullest extent permitted by law, Communities will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, revenue, business opportunity, goodwill, or data.

To the fullest extent permitted by law, our aggregate liability arising from the Services will not exceed the amount you paid to Communities for the affected Service during the 12 months preceding the event giving rise to the claim.

These limitations do not apply where prohibited by applicable law.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Nuage Enterprise Inc., its affiliates, and their personnel from third-party claims arising from your unlawful use of the Services, your violation of these Terms, your infringement of third-party rights, or your failure to obtain legally required consent for communications or marketing activity conducted through your account.

21. Force Majeure

We are not responsible for delay or failure caused by circumstances beyond our reasonable control, including natural disasters, severe weather, government actions, widespread internet or telecommunications outages, cyberattacks, labor disruptions, or failures of critical third-party infrastructure.

22. Dispute Resolution and Governing Law

Before starting formal legal proceedings, the parties will attempt in good faith to resolve the dispute directly and may agree to mediation.

To the fullest extent permitted by law, claims must be brought on an individual basis and not as part of a class, collective, or representative action.

This agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-law principles.

Subject to any non-waivable statutory rights, the courts located in Calgary, Alberta will have exclusive jurisdiction over disputes arising from this agreement.

23. Suspension and Termination

We may suspend or terminate access for material breach, non-payment, unlawful conduct, security risk, misuse, or conduct that materially threatens the Services or other users.

Sections that by their nature should survive termination, including payment obligations, intellectual-property provisions, limitations of liability, dispute provisions, and record-retention provisions, will survive.

24. Changes to Services or Terms

We may modify the Services and these Terms. For material changes, we will provide notice by email, in-product notice, or another reasonable method before the change takes effect where required by law.

Material changes to recurring price, billing cadence, or other payment authorization will be handled under Section 6.5 and will not rely solely on silent continued use where renewed consent is required.

25. Entire Agreement and Order of Precedence

The customer agreement consists of the applicable Order Confirmation or checkout record, these Terms, the Cancellation & Refund Policy, the Privacy Policy, and any applicable product-specific or add-on terms.

For commercial details specific to a purchase, the Order Confirmation controls. For cancellation and refund procedure, the Cancellation & Refund Policy controls unless an Order Confirmation expressly provides a more specific term. Otherwise, these Terms control.

26. General

If any provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. We may assign this agreement in connection with a corporate reorganization, financing, sale, or transfer of the Services. You may not assign this agreement without our written consent, except where applicable law provides otherwise.

27. Contact

Nuage Enterprise Inc. dba Communities
Communities XP platform
61 Majestic Point, Calgary, AB T3Z 2Z9, Canada
Website: communitiesxp.com
Email: [email protected]
Phone: 1 (888) 680-1743