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These Terms are effective as of January 1, 2025 and supersede all prior versions. Last amended: May 31, 2026.

1. Introduction & Acceptance of Terms

Nuage Enterprise Inc. dba Communities XP (”Communities XP,” “we,” “us,” “our”) provides cloud-based products and services under various domains, including communitiesxp.com, and any other websites, applications, or platforms we operate (collectively, the “Services”).

Acceptance. When you create an account you must check a box stating:

✔️ “I agree to the Terms of Service & Privacy Policy.”

By checking this box you enter into a binding agreement with us and accept these Terms and our Privacy Policy. Continued access to or use of the Services—whether or not you created an account—constitutes ongoing acceptance of these Terms, including updates. If you do not agree, you must stop using all Services immediately.

2. Eligibility & Authority

You represent that you are at least 18 years old and have legal authority to enter into this agreement, on your own behalf or on behalf of the organization you represent. If you accept on behalf of an organization, "you" includes that organization and you confirm you are authorized to bind it.

3. Description of Services

Communities XP offers the following subscription plans (each a "Plan"):

• Seed Plan – Basic CRM functionality.
• Harvest Plan – Advanced CRM tools with additional integrations.
• Managed Plan – Full CRM management with ad-spend handling.
• Team & Brokerage Plan – Premium CRM services with personalized support and marketing.

We may add, modify, or discontinue Plans or features at any time. Some Plans include third-party integrations or advertising services governed by additional terms presented at purchase.

4. No Guarantee of Results

Communities XP provides tools, software, and services—not guaranteed outcomes. We make no representation or warranty regarding the number of leads, appointments, conversions, sales, revenue, or other results you may achieve. Results depend on factors outside our control, including your market, your follow-up and sales practices, pricing, and the policies and performance of third-party advertising platforms. Payment for the Services is for access to the tools and services provided, not for any particular result.

5. Third-Party Platforms & Advertising

Certain Services rely on third-party platforms (including, without limitation, Meta and Google). We do not control and are not responsible for their availability, approval decisions, account suspensions, policy changes, pricing, or performance. Disruptions, rejections, or actions taken by a third-party platform do not constitute a failure of our Services and do not entitle you to a refund except as expressly stated in Section 8.

6. Billing, Renewal & Authorization to Charge

6.1 Recurring billing and express consent. Paid Plans are billed on a recurring, automatically renewing basis. At checkout, the price, billing frequency, currency, and renewal terms are displayed before you confirm, and you provide a separate affirmative acknowledgment substantially in the form:

"I understand my subscription renews automatically at the displayed price each billing period until I cancel, and I authorize Communities XP to charge my payment method on file for each renewal."

6.2 Currency. Fees are charged in the currency displayed at checkout, which may be U.S. Dollars (USD) or Canadian Dollars (CAD) depending on your region or selection. The applicable currency is shown before you confirm your purchase and on your invoices.

6.3 Authorization. You authorize us and our payment processors to charge your designated payment method for all fees, applicable taxes, renewals, and add-ons until your subscription is cancelled under Section 7. You are responsible for keeping your payment information current.

6.4 Price changes. We may change subscription prices. We will provide at least 30 days' advance notice by email before a price change takes effect on a renewal. Continued use after the change takes effect constitutes acceptance of the new price.

6.5 Renewal reminders. Where required by applicable law or card-network rules, we send a renewal or billing reminder to the email on your account before a renewal charge. You are responsible for maintaining a valid email address and reviewing such notices.

6.6 Prepaid licenses. All prepaid licenses are non-refundable.

6.7 Taxes. Fees are exclusive of applicable taxes, which you are responsible for paying.

6.8 Failed payments and late fees. Overdue amounts accrue interest at 18% per annum, calculated monthly. We may suspend Services for non-payment.

7. Cancellation

7.1 One-click cancellation. You may cancel your subscription at any time, in one click, from your account at Profile → Billing → Cancel. Cancellation is available up to one (1) minute before your renewal charge.

7.2 Effect. Once you cancel, we stop all future billing and send you a confirmation email from [email protected] confirming the cancellation. Please retain this confirmation.

7.3 Backup method. If you are unable to access the in-app option, you may also request cancellation by emailing [email protected], and we will process it and send the same written confirmation.

7.4 No refund of the current period. Cancellation prevents future renewal charges. It does not refund a billing period that has already begun; previously incurred charges remain payable, subject to Section 8.

7.5 Advertising budget. Changes or cancellations to your advertising budget take effect upon confirmation, with prorated treatment of unused spend as described in Section 8.

8. Refunds

• Prepaid licenses: non-refundable.
• Monthly subscriptions: charges already incurred are non-refundable; cancellation prevents future charges only.
• Advertising spend: prorated refund for unused days only, after we confirm and pause your campaigns.
• Add-ons (e.g., ISA support, marketing credits): non-refundable.
• Failure to cancel: because cancellation is available in one click up to one minute before renewal, charges resulting from not cancelling in time are not eligible for refund.

These refund terms are presented to you at the point of sale and form part of your purchase.

9. Billing Disputes & Chargebacks

9.1 Contact us first. You agree to submit any billing or charge dispute in writing to [email protected] and to allow us a reasonable opportunity to resolve it before initiating a chargeback or payment dispute with your bank or card provider.

9.2 Chargeback fee. A $50.00 processing fee applies to each chargeback received from a third-party payment provider.

9.3 Evidence. You agree that this Agreement, your acceptance records, your cancellation records, your usage records, and related communications may be submitted as evidence in any payment dispute. Initiating a chargeback in breach of Section 9.1 does not relieve you of amounts validly owed.

9.4 Collections. If collection becomes necessary, you agree to pay associated costs, including collection agency fees, reasonable attorneys' fees, and court costs.

10. Records, Consent & Proof of Use

To operate the Services and verify transactions, we collect and retain account and transaction records, which may include the date and time of account creation, IP address, the version of these Terms presented to you, your acceptance (checkbox) selections, billing, renewal, and cancellation history, and Service usage and login activity. You agree that your continued login to or use of the Services following a charge constitutes acknowledgment that the corresponding Services were made available to you. We may use these records to administer the Services and to substantiate transactions in any dispute.

11. Electronic Communications & Signatures (E-SIGN Consent)

You consent to receive all agreements, notices, disclosures, invoices, renewal reminders, and other communications from us electronically, by email or through the Services. You agree that your electronic acceptance (including checking the acceptance box and clicking confirmation buttons) constitutes your legally binding electronic signature, has the same effect as a handwritten signature, and that electronic records satisfy any requirement that such communications be in writing.

12. Account Responsibilities

• Security. You are responsible for maintaining the confidentiality of your account credentials.
• MonthUnauthorized use. Notify us immediately of any unauthorized account use.
• Accuracy. Provide accurate, current information, including a valid email address and payment method.

13. Acceptable Use & Customer Compliance

You are granted a non-exclusive, limited, revocable, personal, non-transferable license to use the Services. You agree NOT to:

• Use the Services for any illegal, fraudulent, or deceptive activity.
• Collect personal data without proper consent.
• Send unsolicited communications (spam).
• Modify, reproduce, distribute, or create derivative works from the Services without permission.
• Interfere with or disrupt the Services, including introducing viruses or malicious code.
• Engage in activities that harm Nuage Enterprise Inc., its affiliates, or any other user.

Marketing & outreach compliance. You are solely responsible for ensuring your use of the Services—including emails, calls, texts, and other outreach—complies with all applicable laws, including Canada's Anti-Spam Legislation (CASL), the U.S. Telephone Consumer Protection Act (TCPA), and similar laws, and for obtaining all required consents from your contacts. Violations may result in immediate termination and legal action.

14. Intellectual Property

• License. You receive a limited, non-exclusive, revocable license to access and use the Services under this Agreement.
• Restrictions. You may not copy, modify, or distribute any part of the Services without explicit permission.
• User content. Content you submit may be used by Communities XP for business and marketing purposes, provided it does not infringe third-party rights.

15. Beta & Early-Access Features

We may offer features identified as beta, preview, or early access. These are provided "as-is," may be changed or discontinued at any time, and are excluded from any service commitments or warranties.

16. Privacy & Data Protection

• Storage. Personal information may be transferred and stored outside your jurisdiction, including in Canada and the U.S., in accordance with our Privacy Policy.
• Usage. We may process user data for advertising, analytics, and Service improvement in compliance with applicable privacy laws.
• Post-termination data. After cancellation or termination, you may request an export of your CRM data within [30] days. After that period, we may delete your data in the ordinary course, subject to legal retention requirements.

17. Call Recording Consent

You acknowledge and agree that all phone calls with Communities XP, including support and sales calls, may be recorded for quality assurance, training, and record-keeping.

18. Limitation of Liability

THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• Liability cap. Our total liability shall not exceed the total amount you paid to Communities XP in the 12 months preceding the claim.
• No indirect damages. We are not liable for indirect, incidental, or consequential damages, including data loss, system failures, or business interruptions.

19. Indemnification

You agree to indemnify, defend, and hold harmless Nuage Enterprise Inc., its affiliates, and their directors, officers, employees, and agents from any claims, damages, and legal fees arising from your use of the platform, your violation of these Terms, your infringement of third-party rights, or any fraudulent, illegal, or harmful actions conducted through your account.

20. Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, extreme weather, government actions, cyberattacks, power outages, or supply-chain failures.

21. Dispute Resolution & Governing Law

• Mediation first. Before legal action, both parties agree to attempt resolution through mediation.
• Governing law. This Agreement is governed by the laws of the Province of Quebec, Canada.
• Jurisdiction. Legal proceedings will be conducted in the courts located in Montreal, Quebec.

22. Termination

We may suspend or terminate your account without prior notice if you violate these Terms, if your actions may harm our reputation or operations, or if we suspect fraudulent, illegal, or harmful behavior. Sections relating to billing, disputes, records, limitation of liability, indemnification, and governing law survive termination.

23. Modifications to Services and Terms

We may modify these Terms at any time. Changes will be communicated via email or posted on our website, and we will update the "Version" and "Last updated" date above. Continued use after changes take effect constitutes acceptance of the modified Terms.

24. General Provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us and supersede prior agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• Waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. We may assign this Agreement; you may not assign it without our written consent.
• Headings. Headings are for convenience only and do not affect interpretation.

25. Notice to Apple Users

These Terms are between you and Nuage Enterprise Inc., not Apple. Apple is not responsible for the Services or any content therein. You agree to comply with Apple's App Store terms when using the Services.

26. Contact Information

Nuage Enterprise Inc. dba Communities XP
Address: 61 Majestic Point, Calgary, AB T3Z 2Z9, Canada
Email: [email protected].
Phone: 1 (888) 997-3860

27. Final Acknowledgment

By continuing to use the Services, you acknowledge and agree to these Terms. If you do not agree, you must stop using the Services immediately.