Terms of Service

1. Acceptance of Terms

By accessing the Site, creating an account, submitting a form, booking a consultation, or otherwise using our services, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy.

These Terms apply to all visitors, prospective tenants, landlords, property owners, real-estate professionals, and institutional clients who interact with the Site.

2. Description of Service

MoveSmart Rentals is a leasing-focused real-estate brokerage. We provide full-service tenant placement and leasing services, including:

• Strategic rental pricing and market analysis
• Listing syndication to MLS systems and rental portals
• Photography, marketing, and showings coordination
• Tenant qualification, screening, and reference checks
• Offer management and lease execution
• Move-in coordination and key handover
• Institutional and multi-unit lease-up engagements for developers and asset managers

MoveSmart Rentals does not provide ongoing property-management services such as rent collection, maintenance dispatch, or accounting once a tenancy is in place, unless a separate written agreement specifies otherwise.

3. Brokerage Relationship

In Canada, MoveSmart Rentals operates under Valery Real Estate Inc., Brokerage, which serves as our licensed brokerage of record. In the United States, we operate through licensed brokerage partners in each state where we transact. The applicable licensed brokerage for any given transaction will be disclosed in the service agreement and on related documents.

This Site is informational and marketing in nature. Browsing the Site, downloading a guide, or requesting a consultation does not, by itself, create an agency, fiduciary, or client-brokerage relationship.

Any actual leasing engagement, representation, or agency relationship is established only through a separate written agreement signed by both you and the applicable licensed brokerage.

4. User Accounts

Some features of the Site, including landlord portals and tenant application tracking, require an account.

• Eligibility. You must be at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction.
• Accuracy of information. You agree to provide accurate, current, and complete information, and to keep it updated.
• Account security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at security@movesmartrentals.com if you suspect unauthorized access.
• Termination. We may suspend or terminate any account that violates these Terms, is suspected of fraud, or is inactive for an extended period, with or without notice.

5. Listing Information & IDX Data

Property listings displayed on the Site may be sourced from multiple feeds, including the Toronto Regional Real Estate Board (TRREB) and other Canadian Real Estate Association (CREA) MLS systems via IDX, US MLS feeds licensed by our partner brokerages, and listings directly uploaded by MoveSmart clients.

Listing data is provided for personal, non-commercial use and is deemed reliable but not guaranteed. Availability, price, square footage, photos, and unit descriptions may change without notice. You should independently verify every detail with the listing brokerage or your MoveSmart representative before relying on it for any decision.

The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real-estate professionals who are members of CREA. Trademarks MLS®, Multiple Listing Service®, and the associated logos are owned by CREA and identify the quality of services provided by real-estate professionals who are members of CREA.

6. User Conduct

When using the Site, you agree not to:

• Scrape, crawl, index, or otherwise extract listing data, contact information, or content by automated means without our prior written consent.
• Use bots, scripts, or other automated tools to access the Site, submit forms, or interact with agents.
• Misrepresent your identity, employment, income, credit, or any other material fact in an application or inquiry.
• Harass, intimidate, or discriminate against other users, landlords, tenants, or MoveSmart agents.
• Post or transmit content that is unlawful, defamatory, obscene, infringing, or that violates fair-housing or human-rights laws.
• Interfere with, probe, or attempt to disrupt the Site's infrastructure, security, or availability.

7. Tenant Applications

Submitting a rental application through the Site is an expression of interest, not an offer of tenancy and not a guarantee that you will be approved.

Final approval rests with the landlord or their authorized representative, who may consider credit, income, references, rental history, and other lawful criteria. All decisions are made in accordance with applicable fair-housing, human-rights, and anti-discrimination laws in the jurisdiction where the property is located.

Application fees, if any, are governed by local law and the listing terms; MoveSmart does not charge tenants a fee to apply through our Site.

8. Property Listings (Landlords)

If you list a property with us, you represent and warrant that:

• You are the legal owner of the property or have express written authority from the owner to market and lease it.
• All information you provide, including unit description, amenities, rent, deposits, and availability, is accurate and not misleading.
• The property is in compliance with applicable zoning, building, fire, and short-term-rental regulations.
• You will respond to applicant inquiries and decisions promptly and lawfully.

We reserve the right to refuse, modify, or remove any listing that we believe violates these Terms, applicable law, or our fair-housing policy.

9. Rent Payments

Where rent collection or deposit handling is offered through the Site, payment processing is performed by third-party providers (such as licensed payment processors and trust accounts maintained by the licensed brokerage). MoveSmart Rentals is not a bank, money transmitter, escrow agent, or trust company.

Funds are subject to the policies and timing of the underlying processor and to applicable real-estate trust-account rules in the jurisdiction of the transaction.

10. Fees and Charges

MoveSmart operates on a success-fee model for standard tenant placement:

• Landlords pay no upfront cost to list a rental with us. Our placement fee is earned only when a qualified tenant signs a lease.
• Tenants pay no fee to apply through MoveSmart.
• Institutional, lease-up, and add-on services (e.g., professional photography upgrades, retainer engagements, consulting) are quoted separately and governed by a written agreement.
• Unless otherwise stated, fees are quoted in Canadian Dollars for Canadian transactions and in US Dollars for US transactions.

11. Intellectual Property

The Site, including its software, text, graphics, photography, video, logos, brand marks, and underlying code, is owned by MoveSmart Rentals or its licensors and is protected by copyright, trademark, and other intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes related to leasing a property. All other rights are reserved.

12. Disclaimers and Limitation of Liability

The Site and its content are provided "as is" and "as available", without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy, completeness, or timeliness of listing data.

To the maximum extent permitted by applicable law:

• MoveSmart will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or rental income.
• Our aggregate liability for any claim arising out of or relating to these Terms or the Site is capped at the greater of (a) the total fees you have paid to MoveSmart in the twelve (12) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain limitations of liability, in which case the limitations above apply only to the extent permitted.

13. Indemnification

You agree to indemnify, defend, and hold harmless MoveSmart Rentals, Valery Real Estate Inc., Brokerage, our US partner brokerages, and our respective directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, your violation of any law, or any content you submit through the Site.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you also consent to the privacy practices described there.

15. Cookies and Tracking

The Site uses cookies, pixels, and similar technologies for essential functionality, analytics, and marketing. Details on the categories of cookies we use, how to manage them, and applicable opt-out mechanisms are set out in our Privacy Policy.

16. Governing Law

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

For users in the United States, any matter that, as a matter of law, must be governed by the law of your US state of residence or the state where the subject property is located (for example, fair-housing or consumer-protection rules) will be governed by that state's law to the extent legally required. All other matters remain governed by Ontario law.

17. Dispute Resolution

If a dispute arises out of or relates to these Terms or the Site, the parties will first attempt in good faith to resolve it through informal negotiation. Either party may initiate negotiation by giving written notice describing the dispute.

If the dispute is not resolved within thirty (30) days of that notice, the parties agree to submit the dispute to binding arbitration in Toronto, Ontario, under the rules of the ADR Institute of Canada, Inc. The arbitration will be conducted in English by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or confidential information.

18. Changes to Terms

We may revise these Terms from time to time to reflect changes in our services, technology, or applicable law. Updated Terms are effective when posted, with the new effective date shown at the top of the page.

Your continued use of the Site after an update constitutes acceptance of the revised Terms. If a change is material, we will use reasonable efforts to notify account holders by email.

19. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary or, if it cannot be modified, severed. The remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreements (such as a leasing representation agreement, listing agreement, or institutional engagement letter), constitute the entire agreement between you and MoveSmart Rentals concerning your use of the Site and our services. They supersede any prior or contemporaneous communications on the same subject matter.

21. Contact

Questions about these Terms can be sent to our legal team:

• Legal: legal@movesmartrentals.com
• General: contact@movesmartrentals.com
• Phone: +1 (416) 555-1234
• Mailing address: MoveSmart Rentals, c/o Valery Real Estate Inc., Brokerage, Toronto, Ontario, Canada

For non-legal inquiries, visit our Contact page.