Terms of Use

These Terms of Use ("Terms") govern your access to and use of our website located at https://chimney.ai/, mobile applications, tools, and conversational AI features (collectively, the "Service"). These Terms apply to all users of our Service. If you are accessing and/or using our Service for an entity, such as the company you work for, you represent that you have authority to bind that entity to these Terms, and you agree that "you", and "your", and "yourself" as used in these Terms includes both you personally and the entity you represent. If you are accessing our Service on behalf of only yourself as an individual, then you agree that "you", and "your", and "yourself" as used in these Terms includes only you personally as an individual. Unless otherwise specifically stated in these Terms, these Terms apply to third-party businesses, individual consumers, and all others that access and/or use our Service.

These Terms constitute a legally binding agreement made between you and us. By accessing or using our Service, you represent and agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms; (iii) you agree to the practices described in these Terms; and (iv) you are legally bound by these Terms. If you do not accept and agree to all of these Terms, then you MUST NOT access and/or use our Service.

1. Who We Are and What We Provide

The Service provides real estate listing information, along with related tools. Some features may be powered by artificial intelligence and may present information based on available data and your inputs.

Important: The Service is for general informational purposes only. It is not a substitute for professional advice (including but not limited to legal, financial, tax, mortgage, or real estate advice). The information provided when using our Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

For additional information, please see our Disclaimer Notice located at: https://chimney.ai/disclaimer.

2. Children's Policy

You represent to us that you are over 18 years of age and are lawfully able to enter into contracts in the jurisdiction where you are a citizen. This Service is not intended for use by individuals under the age of 18 or who are not lawfully able to enter into contracts in the jurisdiction where they are a citizen. If you are under 18 years of age and/or are not lawfully able to enter into contracts in the jurisdiction where you are a citizen or are a minor according to applicable laws, then you must not use the Service.

3. Account Registration and Security

Some features of the Service may require an account.

You agree to:

• Provide accurate and up-to-date information
• Maintain the confidentiality of your login credentials
• Notify us promptly if you suspect unauthorized access
• Not do anything which would assist anyone who is not a registered user to gain access to the Service
• Not create registration accounts for the purpose of abusing the functionality of the Service, or other users; nor will you seek to pass yourself off as another user

You are responsible for all activity under your account, whether authorized by you or not. You are solely responsible for the protection of your account security including, but not limited to account numbers, customer name, and password associated with Internet access to all interactive areas and/or other methods to access the Service. In the event of any unauthorized access to your account, you must immediately notify us; however, we are not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, we highly recommend that you change your password frequently and you do not share your password and account numbers with anyone.

You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. You may not transfer, sell, assign, loan or license your account to any other person. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms and our Privacy Policy on their behalf.

4. No Brokerage Relationship, No Agency

We are not a real estate broker, agent, or representative. Using the Service does not create any agency relationship, fiduciary duty, brokerage relationship, or advisory relationship between you and us.

We do not negotiate transactions, prepare offers, or represent buyers or sellers unless explicitly stated in a separate written agreement signed by you and us.

5. Listings and Data Accuracy

Listings and related data may come from third-party sources and may be delayed, incomplete, inaccurate, or removed without notice.

We do not guarantee:

• The accuracy, completeness, or timeliness of listings
• Availability of any property
• That a listing will remain active
• That prices, sizes, taxes, fees, or other fields are correct

You must independently verify all information before making decisions. If something matters, verify it through official documents, licensed professionals, or direct sources. For additional information, please see our Disclaimer Notice located at: https://chimney.ai/disclaimer.

6. AI Features and Limitations

The Service may include AI-generated outputs (such as information or "scores").

You acknowledge and agree:

• AI outputs may be incorrect, incomplete, or outdated
• AI outputs are not professional advice
• AI may misunderstand your intent or context
• Any "scores" or "rankings" are illustrative tools designed to support exploration and comparison, and are not measurements of value, quality, condition, safety, or suitability.

You remain solely responsible for the decisions you make based on the Service.

We may change, limit, disable, or remove AI features at any time without notice. For additional information, please see our Disclaimer Notice located at: https://chimney.ai/disclaimer.

7. No Guarantees About Outcomes

We do not guarantee any particular result, including but not limited to:

• Finding a suitable home
• Obtaining mortgage approval or pre-approval
• Achieving a certain purchase price
• Future property value increases
• Investment performance
• Market timing advantages

Real estate markets involve risk. Past trends do not predict future outcomes. For additional information, please see our Disclaimer Notice located at: https://chimney.ai/disclaimer.

8. User Conduct

You agree not to:

• Use the Service for unlawful purposes
• Upload, post, or transmit false, misleading, defamatory, abusive, hateful, harassing, or discriminatory content
• Attempt to reverse engineer, scrape, overload, disrupt, or interfere with the Service
• Bypass access controls, rate limits, or security measures
• Use automated systems (bots, scripts, scrapers) without our permission
• Use the Service to infringe any third-party rights
• Use the Service to advertise or offer to sell goods and services
• Engage in unauthorized framing of or linking to the Service
• Provide false or misleading information about yourself and/or your business to us
• Attempt to impersonate another user, person or business, or otherwise attempt to mislead others about your identity, your business or the origin of any submission, message or other communication
• Use any information obtained from the Service in order to harass, abuse, or harm another person
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service
• Provide us with any information or submit any information to us if you are not expressly authorized by such party to do so
• Generate or distribute content intended to misinform, misrepresent or mislead, including through misrepresentation of content generated by the Service by claiming such content was created by a human, or represent generated content as original works
• Collect information about other visitors to the Service without their express written consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses
• Sell and/or resell and/or license access to the Service
• Manipulate the Service in any way, shape or form
• Creating deep-links to the Service including but not limited to by bypassing the Service's pages, mirroring or similar navigational technology or directly linking to any portion of the Service
• Probe, scan, test the vulnerability of or breach the authentication measures of the Service or any related web pages, apps, networks or systems
• Use any robot, spider, scraper, deep link or other automated or manual means to access the Service, or copy and/or redistribute any content, information or software on the Service
• Misuse of APIs
• Attempt to copy, modify, translate, adapt, edit, decompile, disassemble, or reverse engineer the Service including, but not limited to the software programs used by us in connection with the Service
• Input or upload to the Service any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Service or information or that infringes the intellectual property rights of another
• Use or access the Service in any way that violates the law or for any illegal activities
• Use or access the Service in any way that, in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of authorized parties to access the Service, including but not limited to any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure and/or harassment through responses
• Trick, defraud, or mislead us and other users including, but not limited to any attempt to learn sensitive account information such as user passwords, confidential information and/or proprietary information
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including but not limited to the features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein
• Disparage, tarnish, or otherwise harm, in our opinion, us or the Service
• Make improper use of our support services or submit false reports of abuse or misconduct
• Delete the copyright or other proprietary rights notice from any content
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")
• Copy or adapt the Service's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial enterprise
• Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party

We may investigate and take action, at our sole discretion, including but not limited to restricting access, suspending accounts, or reporting to authorities when necessary.

9. Fair Housing and Non-Discrimination

You must not use the Service to discriminate or to request or generate discriminatory outcomes. We may refuse or limit responses to requests that violate fair housing or anti-discrimination standards.

We may remove content or restrict use where we believe discrimination, harassment, or harm is involved. For additional information, please see our Fair Housing & Anti-Discrimination Statement located at: https://chimney.ai/fair-housing.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy located at https://chimney.ai/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

11. User Content

You may be able to submit content (such as notes, preferences, saved items, messages, feedback, or other material) ("Content").

You retain ownership of your Content. However, by submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, host, reproduce, process, and display your Content solely for:

• Operating and improving the Service
• Providing functionality to you (including but not limited to personalization)
• Security, fraud prevention, compliance, and troubleshooting

You represent that:

• You have the right to submit the Content
• Your Content does not violate the law or third-party rights

By submitting the Content, you are certifying that you are the rightful owner or licensee of the Content and you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Content. You acknowledge that we may choose to provide attribution of your comments or reviews at our sole discretion. You further grant us the right to pursue at law or in equity any person or entity that violates your or our rights in the Content. You acknowledge and agree that all Content is non-confidential and non-proprietary.

We take no responsibility and assume no liability for Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We are not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any area, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Service and/or our other social network platforms and/or any such area at any time and for any reason at our sole discretion.

If it is determined that you retain moral rights (including rights of attribution or integrity) in Content, then you hereby declare that: (i) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (iv) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. Any violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the areas and/or the Service and/or our other social network platforms. See also the section titled "Termination" below.

12. Intellectual Property

The Service, including but not limited to its design, text, graphics, logos, code, features, and AI systems (excluding Content), is owned by us or our licensors and protected by intellectual property laws.

You may not copy, modify, distribute, sell, lease, or create derivative works from the Service without our prior written permission.

13. Third-Party Services and Links

The Service may include links, integrations, data sources, or third-party content. We are not responsible for third-party services, websites, data accuracy, availability, or practices. Your use of third-party services is subject to their terms and policies. If you submit any information or data or access any of the third-party services, your data and information will be governed by those third parties' privacy policies and terms of use. We encourage you to carefully read the terms of service and privacy policy of any site and/or app you visit or hosted service you use.

14. Paid Features, Fees, and Billing

Some features of the Service may require payment. If you purchase a paid plan:

• Fees, billing cycles, taxes, and renewal terms will be displayed at purchase
• You authorize us (or our payment processor) to charge your payment method
• Unless stated otherwise, payments are non-refundable except where required by law

We may change pricing, features, or plans, with notice where required.

15. Service Availability and Changes

We may modify, suspend, or discontinue the Service (or any part of it) at any time, including but not limited to for maintenance, upgrades, security, legal compliance, or business reasons. We do not guarantee uninterrupted or error-free operation.

16. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement. For additional information, please see our Disclaimer Notice located at: https://chimney.ai/disclaimer.

17. Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for direct, indirect, incidental, special, consequential, or punitive damages
• We will not be liable for losses arising from reliance on listings, AI outputs, or any content
• We will not be liable for lost profits, lost data, business interruption, or investment losses

If we are found liable for any claim, our total liability will not exceed the greater of:

• The amount you paid us for the Service in the 3 months preceding the event giving rise to the claim, or
• CAD $100

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

18. Indemnification

You agree to indemnify and hold us harmless from claims, damages, liabilities, and expenses (including but not limited to legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of the law or third-party rights
• Your Content

19. Termination

You may stop using the Service at any time.

We may suspend or terminate your access to the Service, with or without notice, at our sole discretion, if we believe:

• You violated these Terms
• Your use presents a security, legal, or reputational risk
• We are required to do so by law

Sections that by their nature should survive termination will survive (including but not limited to intellectual property, disclaimers, limitation of liability, indemnification, and dispute terms).

20. Dispute Resolution and Governing Law

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.

You agree that any disputes will be brought in the courts located in Ontario, Canada, unless otherwise required by law.

21. Changes to These Terms

When we make any Changes, we will update the "Last Updated" date at the top of these Terms. We may update these Terms from time to time. The "Last Updated" date will reflect changes. Continued use of the Service after changes constitutes acceptance of the updated Terms.

If changes are material, we may provide additional notice where required by law. We reserve the right, at our sole discretion, to change, modify, update, add or remove all or portions of these Terms ("Changes") from time to time to reflect changes in our practices, technology, legal requirements, and/or other factors. When we make any Changes, we will update the "Last Updated" date at the top of these Terms.

All Changes will become effective upon posting the updated version on the website. We encourage you to review these Terms periodically. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of any Changes. Your continued use of the Service following the posting of any Changes to these Terms constitutes your acceptance and agreement to the updated Terms.

22. Miscellaneous

These Terms, the Privacy Policy, and any and all other policies and/or operating rules posted by us on our Service or in respect to our Service or otherwise, and/or any contracts we enter into with you constitute the complete and exclusive statement of the agreement between you and us concerning the subject matter of these Terms and supersede all proposals, oral or written, and all other communications between you and us relating to the subject matter of these Terms. Unless otherwise stated in these Terms, in the event any information posted in our Service from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect.

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense all or any of our rights or obligations under these Terms without restriction. You agree that these Terms shall be construed as if drafted jointly by the parties hereto and in the event an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms.

Our failure to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by us of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the offending language shall be limited, rewritten, modified or interpreted as will render it enforceable and the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our sole control.

If any non-English translations of these Terms are provided, it is for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

23. Contact Us

For questions, complaints, or legal notices, contact us through the website at https://chimney.ai/contact or by emailing us at [email protected].