1. INTRODUCTION

Welcome to Appraisal Ally (the "Service"), a software-as-a-service platform provided by PropertyBrain, LLC, a Colorado limited liability company doing business as Appraisal Ally ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Service.

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which can be found at https://www.appraisalally.com/privacy-policy. If you do not agree to these Terms, you may not access or use the Service.

2. DESCRIPTION OF SERVICE

Appraisal Ally is an analytical software platform designed for residential real estate appraisers. The Service provides the following features:

a) Upload and analysis of Multiple Listing Service (MLS) market data to calculate statistics and market trends; b) Logging and tracking of appraisal report progress; c) Analysis and display of revenue data based on reported appraisal fees, including statistics such as weekly, monthly, yearly, and all-time revenue, both for the user as a whole and broken down by client; d) Calculation of estimated property adjustments based on hedonic regression analysis, including but not limited to square footage (above grade, below grade unfinished, and below grade finished), garage count, site square footage, and amenity values.

The Service provides analysis tools to help appraisers evaluate real estate market conditions, calculate comparative metrics, and generate data-driven insights for use in residential real estate appraisal reports.

4. ACCOUNT REGISTRATION AND SUBSCRIPTIONS

4.1 Account Registration

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.2 Subscription Plans

The Service is available through paid subscription plans. We offer both monthly and yearly subscription options. Current pricing information is available on our website.

4.3 Free Trials

We may offer a free trial period for new users. The availability, duration, and terms of any free trial period are at our sole discretion. Users who have previously had an account may or may not be offered a free trial upon creating a new account, at our sole discretion.

4.4 Billing

All subscriptions are billed through Stripe, our third-party payment processor. By providing your payment information, you authorize us to charge your payment method through Stripe for the subscription plan you have selected.

a) Monthly subscriptions will be automatically renewed and billed each month on the same day of the month as your initial subscription date. b) Yearly subscriptions will be automatically renewed and billed each year on the same day of the year as your initial subscription date.

If the renewal date does not exist in a given month (e.g., the 31st in a 30-day month), you will be billed on the last day of that month.

4.5 Cancellation

You may cancel your subscription at any time through your account profile page on the Service. Upon cancellation:

a) Your subscription will remain active until the end of your current billing period. b) You will not receive a refund for the current billing period. c) Your subscription will not renew for the next billing period. d) You will retain access to the Service until the end of your current billing period.

For questions about your subscription, please contact us at support@appraisalally.com.

4.6 No Refunds

All payments are non-refundable. If you cancel your subscription after a renewal payment has been processed, no refund will be provided for that billing period.

5. DATA ACCURACY AND USER RESPONSIBILITIES

5.1 User Data

You are solely responsible for all data, including MLS market data, that you upload, submit, or otherwise make available through the Service ("User Data"). You represent and warrant that:

a) You have all necessary rights, licenses, and permissions to provide User Data to us; b) The User Data is accurate, complete, and up-to-date; c) The User Data does not violate any applicable laws or regulations, including intellectual property laws and data privacy laws.

5.2 Accuracy of Results

The Service processes User Data to generate analysis, statistics, and market trends ("Results"). While we strive to ensure the accuracy of Results, the quality and accuracy of Results depend on the quality and accuracy of User Data provided. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RESULTS.

5.3 Verification Responsibility

You acknowledge and agree that:

a) Before relying on any Results in your appraisal reports or for any other professional purposes, you must independently verify the accuracy and appropriateness of such Results; b) You are solely responsible for any decisions or actions taken based on the Results; c) Your use of Results in professional reports constitutes your verification and confirmation that such Results are accurate and appropriate for your intended use; d) Estimated property adjustments calculated by the Service (including but not limited to values for square footage, garage count, site square footage, and amenity values) are provided as starting points only and must be verified for validity before being applied in appraisal reports; e) The contributory values initially recommended by the Service for hedonic regression analysis may be changed by you, and you remain solely responsible for verifying the accuracy and appropriateness of any adjustments derived from such values, whether they are the recommended values or your modified values.

6. LICENSE AND RESTRICTIONS

6.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.

6.2 Restrictions

You shall not:

a) Copy, modify, or create derivative works based on the Service; b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service; c) Access the Service to build a competitive product or service; d) Use the Service in a manner that exceeds reasonable usage limits or constitutes excessive or abusive usage; e) Use the Service for any illegal or unauthorized purpose; f) Transmit any viruses, malware, or other harmful code through the Service; g) Sell, resell, license, sublicense, distribute, rent, or lease the Service to any third party; h) Remove or alter any proprietary notices or labels on the Service.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

The Service, including all content, features, functionality, and user interfaces, are owned by the Company and are protected by copyright, trademark, and other intellectual property laws. Except for the license granted in Section 5.1, nothing in these Terms transfers any right, title, or interest in the Service to you.

7.2 User Data

You retain all right, title, and interest in and to your User Data. By providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, process, and store the User Data as necessary to provide and maintain the Service and as otherwise permitted by our Privacy Policy.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT:

a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR AVAILABLE; d) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPLICITLY ACKNOWLEDGE THAT THE RESULTS MAY CONTAIN ERRORS OR INACCURACIES AND THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF RESULTS BEFORE USING THEM IN ANY PROFESSIONAL CAPACITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ESTIMATED PROPERTY ADJUSTMENTS, REVENUE CALCULATIONS, OR OTHER STATISTICAL ANALYSES PROVIDED BY THE SERVICE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

a) Your violation of these Terms; b) Your User Data or use of Results; c) Your violation of any third-party right, including without limitation any intellectual property right or privacy right; d) Your violation of any applicable law, rule, or regulation.

11. TERM AND TERMINATION

11.1 Term

These Terms will remain in full force and effect while you use the Service.

11.2 Termination by You

You may terminate your account at any time by following the instructions on the Service or by contacting us at support@appraisalally.com. Your subscription cancellation is addressed in Section 4.5.

11.3 Termination by Us

We may terminate or suspend your account and your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

11.4 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the updated Terms on the Service, sending you an email, or by other reasonable means. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Denver, Colorado, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

14. MISCELLANEOUS

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral.

14.2 Waiver

No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign these Terms in whole or in part at any time without your consent.

14.5 Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control.

14.6 Feedback

If you provide the Company with any feedback or suggestions regarding the Service, you hereby assign to the Company all rights in such feedback and agree that the Company shall have the right to use and fully exercise and exploit such feedback in any manner it deems appropriate.

14.7 Contact Information

If you have any questions about these Terms, please contact us at:

Appraisal Ally
A DBA of PropertyBrain, LLC
9235 N Union Blvd
Ste 150 #341
Colorado Springs, CO 80920

Website: https://www.appraisalally.com

App Website: https://app.appraisalally.com

Email: support@appraisalally.com

For our complete Privacy Policy, please visit: https://www.appraisalally.com/privacy-policy

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.