Effective date:
Important — Please Read Before Using Balcosa
These Terms contain a binding Assumption of Risk, a broad Liability Waiver, and an Indemnification obligation. By creating an account or using the Platform in any way, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms in their entirety.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Host," or "Guest") and {{company}} ("{{appName}}," "we," "our," or "us"), governing your access to and use of the {{appName}} website, mobile application, and all associated services (collectively, the "Platform").
By registering an account, listing a space, booking a space, or otherwise accessing the Platform, you unconditionally accept these Terms. If you do not agree to any provision of these Terms, you must immediately cease using the Platform. Use of the Platform constitutes ongoing acceptance.
{{appName}} reserves the right to modify these Terms at any time. Continued use of the Platform after notice of any modification constitutes acceptance of the revised Terms.
{{appName}} is solely a technology marketplace intermediary. {{appName}} connects independent Hosts who offer private spaces (balconies, rooftops, terraces, or similar venues) with Guests who wish to attend third-party-organized or Host-organized experiences at those spaces. {{appName}} does not organize, produce, manage, operate, supervise, or control any event, gathering, or experience listed on the Platform.
{{appName}} is not a party to any agreement, oral or written, entered into between a Host and a Guest. {{appName}} is not a co-host, co-organizer, co-venturer, partner, franchisor, employer, or agent of any Host or Guest. No agency, partnership, joint venture, employment, or franchise relationship is created between {{appName}} and any User by these Terms or by use of the Platform.
{{appName}} does not represent, warrant, or guarantee the quality, safety, legality, suitability, or accuracy of any listing, space, event, or User on the Platform. Any reliance you place on information available through the Platform is strictly at your own risk.
Voluntary, Informed, and Express Assumption of All Risks
YOU EXPRESSLY, VOLUNTARILY, AND KNOWINGLY ACKNOWLEDGE AND ASSUME ALL RISKS associated with attending, hosting, or otherwise participating in any event, gathering, or experience facilitated through the Platform.
Risks include, without limitation: (a) bodily injury, serious bodily injury, permanent disability, or death; (b) property damage or loss; (c) falls or accidents on elevated structures including balconies, rooftops, and terraces; (d) overcrowding or inadequate crowd management; (e) adverse weather conditions; (f) consumption of alcohol or other substances by other attendees; (g) acts of third parties, including criminal acts; (h) inadequate safety precautions or emergency procedures at the venue; (i) structural or premises defects; and (j) any other hazards that may arise from attending a private gathering in an urban residential or commercial space.
You acknowledge that {{appName}} has no ability to inspect, audit, or control the physical conditions of any space listed on the Platform prior to or during any event, and that the foregoing risks are inherent to the nature of the experiences offered. Your decision to book or host through the Platform is made freely and with full knowledge of these risks.
This Assumption of Risk is intended to be as broad and inclusive as is permitted by the laws of the Province of Québec and applicable Canadian law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, {{APPNAME}}, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, {{APPNAME}}'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, {{APPNAME}}'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES RECEIVED BY {{APPNAME}} IN CONNECTION WITH YOUR SPECIFIC BOOKING THAT GAVE RISE TO THE CLAIM.
The limitations set forth in this section shall apply regardless of the legal theory under which damages are sought, even if {{appName}} has been advised of the possibility of such damages.
By listing a space on the Platform, each Host represents, warrants, and irrevocably agrees to the following:
Hosts are solely and exclusively responsible for the physical safety of their space and for the safety of all Guests and third parties present during any booking. This includes, without limitation: maintaining structural integrity of balconies, railings, rooftops, and elevated areas; ensuring adequate lighting; providing clear emergency egress; and managing maximum capacity in accordance with applicable fire codes and building regulations.
Hosts must not knowingly list spaces with known safety hazards. {{appName}} reserves the right to remove any listing it deems unsafe, without notice and without liability, based on User reports or its own assessment.
Hosts are solely responsible for ensuring that their listing and all related activities comply with all applicable federal, provincial (Québec), and municipal laws, regulations, by-laws, zoning restrictions, condo association rules, lease agreements, and building codes. This includes, without limitation, compliance with occupancy limits, noise regulations, alcohol service laws, food handling requirements, and any applicable short-term rental or event permit requirements.
Hosts who permit alcohol consumption at events must comply with all applicable Régie des alcools, des courses et des jeux (RACJ) regulations. {{appName}} assumes no responsibility for any violation of alcohol laws.
It is strongly recommended — and may in certain cases be required by {{appName}} upon notice — that Hosts obtain appropriate liability insurance covering bodily injury, property damage, and personal liability arising from hosting events at their space. {{appName}} does not provide insurance coverage to Hosts or Guests, and the absence of Host insurance does not create any insurance obligation on the part of {{appName}}.
Hosts represent that all listing content — including descriptions, photos, capacity, and amenities — is accurate, current, and not misleading. Hosts are solely liable for any misrepresentation in their listings.
Hosts are solely responsible for determining and fulfilling any tax obligations arising from their use of the Platform, including income tax, GST/QST, and any applicable accommodation or short-term rental levies. {{appName}} does not act as a tax agent or advisor for Hosts.
Guests agree to behave lawfully and respectfully at all times while attending any event booked through the Platform. Guests must comply with all rules communicated by the Host, including noise restrictions, capacity limits, and restrictions on photography or recording. Guests who violate Host rules or applicable law may be removed from the venue without refund.
Guests are fully liable for any damage they cause — whether through negligence or wilful conduct — to the Host's property, the property of other Guests, or any third-party property, during or in connection with a booking. {{appName}} may, at its sole discretion, facilitate the resolution of damage claims between Hosts and Guests, but is under no obligation to do so and bears no liability for such damages.
Guests expressly acknowledge that attending events at elevated spaces — including balconies, rooftops, and terraces — involves inherent physical risks, and that they attend voluntarily and at their own risk. Guests with mobility limitations, medical conditions, or other relevant circumstances are responsible for assessing the suitability of a venue prior to booking.
All Users must be at least 18 years of age. By using the Platform, you represent that you are 18 or older. Guests who bring minors to any event do so at their sole risk and responsibility.
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold harmless {{appName}} and its affiliates, subsidiaries, officers, directors, shareholders, employees, contractors, licensors, agents, successors, and assigns (collectively, "{{appName}} Parties") from and against any and all claims, demands, suits, proceedings, liabilities, obligations, losses, damages, penalties, fines, costs, and expenses (including, without limitation, reasonable legal fees and disbursements) arising out of or in connection with:
{{appName}} reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with {{appName}} in asserting any available defences.
{{appName}} exercises no control over the quality, safety, timing, legality, or any other aspect of events or spaces listed on the Platform. The inclusion of any listing on the Platform does not constitute an endorsement, recommendation, verification, or approval by {{appName}}.
Nothing in these Terms, and no use of the Platform, creates or implies any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between {{appName}} and any User. Hosts are independent contractors acting entirely on their own behalf. {{appName}} has no right to direct, control, or supervise the manner in which any Host conducts their hosting activities.
{{appName}} facilitates payments between Guests and Hosts as a technology intermediary only. By processing a payment through the Platform, {{appName}} is not providing any service beyond payment facilitation. {{appName}} is not a direct party to the underlying transaction between the Guest and Host, and its role as payment facilitator does not increase its responsibilities or liability with respect to the event, space, or experience booked.
{{appName}} charges a service fee on each completed booking. This fee compensates {{appName}} for access to the Platform and does not constitute any guarantee, warranty, or assumption of responsibility regarding the quality or safety of the booked experience.
All payment processing is handled by third-party payment processors (currently Stripe Inc.) subject to their own terms and conditions. {{appName}} is not liable for errors, delays, or failures in payment processing.
Cancellation and refund policies are set by each Host and displayed on the relevant listing. {{appName}} is not obligated to issue refunds in connection with any booking and shall not be liable for any failure by a Host to honor their stated cancellation policy.
In exceptional circumstances (including events of force majeure, unsafe conditions, or confirmed fraud), {{appName}} may, at its sole and absolute discretion, issue partial or full refunds or credits. Such actions do not obligate {{appName}} to take similar actions in any future circumstances.
You must not use the Platform to:
Violation of this section may result in immediate suspension or termination of your account, forfeiture of any pending payouts, and, where appropriate, referral to law enforcement authorities.
Any dispute arising directly between a Host and a Guest — including disputes regarding property damage, event quality, non-performance, or conduct — is solely between those parties. {{appName}} may, but is not required to, offer informal mediation tools or communication channels to assist in resolution. {{appName}}'s decision in any dispute facilitated through the Platform is made at its sole discretion and does not create precedent or liability.
{{appName}} reserves the right to suspend or permanently terminate any User account, with or without notice, for any violation of these Terms, for conduct that {{appName}} determines — in its sole discretion — to be harmful to the Platform, other Users, or third parties, or for any other reason deemed appropriate by {{appName}}.
Upon termination, your right to use the Platform immediately ceases. {{appName}} has no obligation to maintain or provide access to any User content following termination.
These Terms are governed by and construed in accordance with the laws of the Province of Québec and the applicable federal laws of Canada, without regard to any conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of the Province of Québec, District of Montréal, and you irrevocably consent to the personal jurisdiction of such courts.
If any provision of these Terms is held to be invalid, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
For questions about these Terms, please contact us at:
[email protected] or by mail at {{company}}, Montréal, Québec, Canada.
Note: These Terms of Service have been drafted to provide strong legal protections for the platform as a marketplace intermediary. They do not constitute legal advice. {{appName}} strongly recommends having these Terms reviewed by a qualified legal professional familiar with Québec and Canadian consumer protection law before relying on them in any legal proceeding.