Terms of Service
Last updated: 2026-04-17
Please read these Terms carefully. By clicking "I agree," checking the acceptance box, or accessing or using the Platform, you (on behalf of yourself and the firm you represent) agree to be bound by these Terms. If you do not agree, do not access or use the Platform.
1. Agreement and Acceptance
These Terms of Service ("Terms"), together with the Privacy Policy, the Acceptable Use Policy, and the Refund Policy (collectively, the "Agreement"), govern your access to and use of the Property Appraiser Pro software-as-a-service platform located at propertyappraiserpro.com (the "Platform" or "Service"), operated by Property Appraiser Pro ("Company," "we," "our," or "us"). The Agreement constitutes the entire agreement between you ("Customer" or "you") and Company regarding the Platform and supersedes all prior agreements, representations, and understandings. If there is a conflict between these Terms and any incorporated policy, these Terms control.
We may modify the Agreement at any time. We will provide at least thirty (30) days' written notice of material changes to the email address associated with your account. Your continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Agreement. If you do not agree to a modification, you must terminate your account before the effective date.
2. What the Service Is — and What It Is Not
Property Appraiser Pro is a technology platform designed to assist licensed and certified real estate appraisers in organizing workfiles, scoring comparable sales, generating draft narrative language, and producing MISMO 3.6 XML and UAD 3.6 exports. The Platform is a software tool only.
You acknowledge that Property Appraiser Pro is not responsible for any appraisal value, conclusion, decision, analysis, comparable selection, adjustment, narrative, or other output produced with or derived from use of the Service. All professional judgment, data accuracy, source verification, regulatory compliance, and final appraisal determinations are the sole responsibility of the licensed appraiser using the Service.
Company is not a licensed or certified appraiser. The Platform does not perform, certify, review, attest to, or constitute an "appraisal," "appraisal review," "appraisal consulting opinion," "evaluation," or "automated valuation model" (AVM) as defined under the Uniform Standards of Professional Appraisal Practice (USPAP), Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), the Interagency Appraisal and Evaluation Guidelines, the 2024 Interagency AVM Final Rule, or any applicable state or federal law.
Company is not an Appraisal Management Company (AMC) under 12 C.F.R. Part 34 Subpart H, New York Executive Law Article 6-H, or any other state AMC statute. Company does not recruit, select, or retain appraisers for assignment; does not manage an appraiser panel; does not contract with appraisers on behalf of creditors; and does not act as an intermediary between appraisers and financial institutions.
3. Scope of Work and USPAP Compliance
All scope of work decisions, as required by USPAP Standards Rule 1-2, are the exclusive professional responsibility of the licensed appraiser. The Platform does not determine, recommend, or constrain scope of work. The appraiser remains solely responsible for identifying the problem to be solved, determining the appropriate scope of work, and ensuring that the appraisal process is adequate to produce credible results.
Company does not warrant, represent, or guarantee that use of the Platform will result in USPAP-compliant appraisal reports. USPAP compliance is a property of an appraisal performed by a licensed appraiser — not a property of software. Company does not hold itself out as a USPAP compliance tool and makes no representation that any Platform output, including MISMO 3.6 XML or UAD 3.6 exports, will be accepted by any lender, AMC, or government-sponsored enterprise.
4. Workfile Retention and Data Custody
Under USPAP's Record Keeping Rule, the licensed appraiser is the custodian of the appraisal workfile and is responsible for retaining it for the longer of (a) five (5) years from the date of the appraisal report, or (b) two (2) years after final disposition of any judicial proceeding in which the appraiser provided testimony. Company provides storage functionality as a convenience. You acknowledge that Company's storage does not satisfy or substitute for your independent obligation to maintain the workfile, and you agree to maintain independent copies of all workfile materials. Company is not responsible for data loss resulting from account termination, service discontinuation, or technical failure.
5. Appraiser Independence (AIR) Compliance
Company has no financial interest in any real estate transaction, appraisal assignment, or mortgage loan processed, originated, or closed using the Service. Company's compensation consists solely of subscription fees that are fixed and do not vary based on appraised value, loan amount, transaction outcome, or any other transaction-specific variable. Company does not receive referral fees, kickbacks, or compensation of any kind from lenders, borrowers, AMCs, or real estate brokers in connection with any appraisal.
The Platform may not be used, configured, or represented as a tool for achieving any predetermined or desired appraised value. Any use of the Service to produce appraisals designed to reach a predetermined value is a prohibited use under this Agreement and under the Appraiser Independence Requirements established by Fannie Mae (Selling Guide B4-1.1-02), Freddie Mac, FHA, and VA.
6. AI-Generated Outputs
The Platform uses large language model technology (including Anthropic's Claude API) to generate draft narrative language and related AI-assisted outputs ("AI Outputs"). AI Outputs are provided solely as drafting aids and may contain errors, omissions, hallucinations, or statements that do not accurately reflect market conditions, property characteristics, or appraisal methodology.
You are solely responsible for reviewing, correcting, verifying, and adopting any AI Output that appears in a final appraisal report. By including any AI Output language in a signed appraisal report, you represent that you have independently verified its accuracy and adopt it as your own professional work product. No AI Output modifies or satisfies any element of the appraiser's certification required by USPAP Standards Rule 2-3.
You agree not to use AI Outputs as a substitute for independent professional analysis. You may not assert in any legal, regulatory, or disciplinary proceeding that reliance on AI Outputs caused or contributed to any error in an appraisal report. You acknowledge that such reliance would itself constitute a violation of USPAP and that Company expressly disclaims liability for any appraiser who fails to independently verify AI-generated content.
As between the parties, you own AI Outputs generated through your use of the Service. Company will not use your Customer Data (including workfile content and AI prompts) to train Company's or any third party's machine learning models, except that Company may use aggregated, de-identified usage data for product improvement.
7. License Grant and Restrictions
Subject to your compliance with this Agreement and timely payment of all fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes as a licensed real estate appraiser or appraisal firm.
You shall not: (a) sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Platform; (b) reverse engineer, decompile, or disassemble any portion of the Platform; (c) access the Platform to build a competing product or service; (d) use automated tools to scrape, index, or extract data from the Platform other than through a documented API; (e) attempt to extract training data, model weights, or system prompts from any AI component of the Service; (f) use prompt injection, jailbreaking, or other methods to circumvent Platform AI safety controls; (g) share account credentials with unlicensed individuals; or (h) remove or obscure any proprietary notices. Further restrictions are set forth in the Acceptable Use Policy.
8. Accounts, User Warranties, and Security
You represent and warrant that: (a) each user accessing the Platform on your behalf holds a current, valid real estate appraiser license or certification in the applicable jurisdiction and is in good standing; (b) you have full legal authority to enter into this Agreement and to bind your firm; (c) all data you upload to the Platform is accurate to the best of your knowledge and does not infringe any third-party right; (d) your use of the Platform will comply with all applicable laws, including USPAP, the Appraiser Independence Requirements, FIRREA, and all state appraisal licensing requirements; and (e) any Multiple Listing Service (MLS) data, photographs, property records, or comparable sales information you upload is used in compliance with your MLS subscriber agreement and all applicable intellectual property and data licensing terms.
You are solely responsible for all activity that occurs under your account credentials. You must promptly notify Company of any unauthorized access or suspected security breach.
9. Fees, Subscription, and Auto-Renewal
Automatic Renewal Notice
Your subscription to Property Appraiser Pro will automatically renew at the end of each subscription period (monthly or annual, as you selected) for an additional period of equal length at the then-current renewal rate, unless you cancel before the renewal date. You will be charged to the payment method on file on the first day of each new subscription period. To cancel at any time, log into your account and navigate to Settings → Billing → Manage Billing, or email support@propertyappraiserpro.com. Cancellation takes effect at the end of the current billing period. You consent to receive renewal-related communications by email at the address associated with your account.
Pre-purchase acknowledgment. Before each purchase, the auto-renewal terms above are presented in proximity to the checkout button. Your completion of checkout constitutes your affirmative consent to automatic renewal on the terms disclosed.
Post-purchase acknowledgment. After completing your purchase, Company sends a written acknowledgment to the email address provided at checkout, confirming: the subscription plan selected, the total amount charged, the renewal date, the renewal price, and instructions for cancellation. If you do not receive this acknowledgment within 24 hours, contact support@propertyappraiserpro.com.
Renewal reminder. For any subscription with a term longer than one (1) month, Company sends a written renewal reminder to your account email no less than 15 days and no more than 30 days before the renewal date, as required under New York General Obligations Law §5-903.
Taxes. All fees are exclusive of applicable taxes, levies, or duties. You are responsible for all such amounts, which Company may collect and remit on your behalf via its payment processor's automated tax calculation functionality.
Price changes. Company reserves the right to change pricing upon thirty (30) days' written notice. Your continued use after the price change effective date constitutes acceptance of the new pricing.
Failed payments. If a scheduled payment fails, Company's payment processor may automatically retry the charge on an optimized schedule. If the account remains unpaid after the retry period, access to the Service may be suspended and the subscription may be canceled. Restoration of access requires payment of all outstanding fees.
10. Refunds
Refund eligibility is governed by the Refund Policy, which is incorporated by reference into this Agreement. In summary: you may cancel at any time; cancellation takes effect at the end of the current billing period; and Company does not issue prorated refunds for partial periods except in limited circumstances described in the Refund Policy or as required by applicable law.
11. Intellectual Property
As between the parties, Company owns all right, title, and interest in and to the Platform, including all software, algorithms, models, interfaces, documentation, designs, trademarks, and trade secrets. No implied license is granted to you.
As between the parties, you own all workfile data, appraisal reports, property data, photographs, client records, AI prompts, and AI Outputs generated through your use of the Service ("Customer Data"). You grant Company a non-exclusive, royalty-free, worldwide license to use, process, store, and transmit Customer Data solely as necessary to provide the Service and to comply with law. Company will not use Customer Data to train any AI model, to develop or improve any third-party product, or to create targeted advertising.
If you provide Company with suggestions, feedback, bug reports, or feature requests ("Feedback"), you hereby assign to Company all rights in the Feedback, and Company may use it for any purpose without attribution or compensation.
12. Disclaimer of Warranties
The Platform is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by applicable law, Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or quiet enjoyment. Company does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, or that any data accessible through the Platform — including comparable sales data, MLS data, public records, or AI-generated content — is accurate, complete, or current. No oral or written information provided by Company creates any warranty not expressly stated herein.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will either party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or damages for loss of profits, revenue, business, data, goodwill, business interruption, regulatory fines, professional discipline, or loss of license, arising out of or related to this Agreement, regardless of whether such damages were foreseeable and regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if the party has been advised of the possibility of such damages.
In no event will Company's total cumulative liability arising out of or related to this Agreement exceed the greater of (a) the total fees paid by you to Company in the twelve (12) months immediately preceding the claim, or (b) one hundred U.S. dollars ($100.00).
The limitations in this Section do not apply to: (i) your payment obligations; (ii) either party's indemnification obligations for third-party claims under Section 14; (iii) either party's breach of its confidentiality obligations; or (iv) liability that cannot be limited by law, including liability for gross negligence or willful misconduct as defined under New York law.
14. Indemnification
You shall indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of this Agreement; (b) your violation of any applicable law or regulation, including USPAP, AIR, FIRREA, or state appraisal licensing laws; (c) any appraisal report prepared using the Service, including claims related to appraised value; (d) Customer Data submitted to the Platform; (e) your use of third-party data, including MLS data or photographs; or (f) your gross negligence or willful misconduct.
Company shall indemnify, defend, and hold harmless you from and against third-party claims that the Platform, as provided by Company, infringes any U.S. patent, copyright, trademark, or trade secret of a third party. Company's indemnification obligation does not apply to the extent a claim arises from (i) your modification of the Platform, (ii) combination with third-party products not approved by Company, (iii) your use of the Platform in violation of this Agreement, or (iv) Customer Data.
The indemnifying party's obligations are conditioned on the indemnified party: (a) giving prompt written notice of the claim; (b) granting the indemnifying party sole control of the defense and settlement (provided that any settlement binding the indemnified party requires the indemnified party's prior written consent, not to be unreasonably withheld); and (c) providing reasonable cooperation at the indemnifying party's expense.
15. Term, Termination, and Data Export
This Agreement begins when you accept it and continues until terminated. Either party may terminate for convenience at any time by notice to the other. Either party may terminate for cause if the other party materially breaches and fails to cure within thirty (30) days after written notice. Company may suspend or terminate access immediately for non-payment, suspected fraud, violation of the Acceptable Use Policy, or breach of law.
Upon termination, you have thirty (30) days to export Customer Data through the Platform's export functionality. After that period, Company will delete or anonymize Customer Data in accordance with the Privacy Policy, except as required by law. Sections 2, 4, 6, 10–14, 16, 17, 18, and 19 survive termination.
16. Dispute Resolution — Please Read Carefully
This Section affects your legal rights, including your right to file a lawsuit in court and your right to participate in a class action.
Informal resolution. Before initiating arbitration or filing any other legal proceeding, the party with a dispute must provide written notice to the other party describing the claim and the desired relief. The parties shall attempt to resolve the dispute informally for thirty (30) days from the notice date.
Binding arbitration. If the dispute is not resolved informally, it shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules (for claims up to $250,000) or Comprehensive Arbitration Rules (for larger claims). Arbitration shall be conducted in New York, NY, or via videoconference at the election of the claimant. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq.
Delegation. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, including the enforceability of the class action waiver below.
Class action waiver. The parties agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this waiver is found unenforceable as to a particular claim, the arbitration agreement shall not apply to that claim, which shall instead proceed in court.
Exceptions. Notwithstanding the foregoing, either party may (a) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, or (b) bring an individual claim in small claims court if the claim qualifies.
17. Governing Law and Venue
This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles. The arbitration agreement in Section 16 is separately governed by the Federal Arbitration Act. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
18. Notices
Legal notices to Company must be sent to legal@propertyappraiserpro.com. Legal notices to you will be sent to the email address on file for your account. You are responsible for maintaining a current email address on file. Notice is deemed given when sent.
19. General Provisions
Severability. If any provision of this Agreement is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign this Agreement without Company's prior written consent. Company may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
Force majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or actions of third-party providers.
Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
No third-party beneficiaries. This Agreement does not create rights in any person other than the parties.
Headings. Section headings are for convenience and do not affect interpretation.
Export controls. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. export restrictions, and that you will not use the Service in violation of U.S. export laws.
U.S. Government end users. The Platform is "commercial computer software" as defined in 48 C.F.R. §2.101. Use by U.S. Government end users is subject to the terms of this Agreement.
Interpretation. The parties have had the opportunity to negotiate this Agreement, and the rule of construction against the drafter (contra proferentem) does not apply.
20. Contact
General questions: support@propertyappraiserpro.com
Legal notices: legal@propertyappraiserpro.com
Privacy requests: privacy@propertyappraiserpro.com
Security reports: security@propertyappraiserpro.com