Terms of Service
These Terms of Service (the “Terms”) form a binding agreement between you and AppraiserHQ (“AppraiserHQ,” “we,” “us,” or “our”) governing your access to and use of the AppraiserHQ web application, mobile applications, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility and accounts
The Service is offered to businesses and the personnel they authorize. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.
Access to the Service is by invitation or approval only. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use. We may suspend or terminate accounts, refuse service, or reclaim invitations at our discretion.
2. The Service
AppraiserHQ provides office-management software for real-estate appraisal firms, including order intake, scheduling, client and fee management, files, invoicing, and analytics. The Service is provided on an ongoing, evolving basis; we may add, change, or remove features at any time. During any beta, preview, or early-access period, the Service may be incomplete, may change substantially, and may be provided free of charge, and we may modify or discontinue it without liability.
2a. Communications
Operating the Service requires sending email on your behalf and to you: invoice links and PDFs to your clients, order and status notifications, payroll and payment records, team invitations, password resets, sign-in codes, and security alerts. By using the Service you consent to these operational emails — they are part of how the product works, not marketing. We will only send promotional email with your separate consent, and every such message will include a working unsubscribe. You are responsible for the accuracy of recipient addresses you enter and for having the right to contact them about the files you manage.
3. Your data
“Customer Data” means the data, records, and content you or your authorized users submit to the Service. As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to provide, secure, maintain, and improve the Service and as otherwise permitted in our Privacy Policy.
You are solely responsible for the accuracy, quality, legality, and your rights to use Customer Data, and for obtaining any consents required to submit it (including consents from third parties whose personal information you upload). You are responsible for maintaining your own backups of any Customer Data you consider critical.
4. Acceptable use
You agree that you will not, and will not permit anyone to:
- access or use the Service to build, train, or benchmark a competing product or service, or copy any features, functions, interfaces, or “look and feel” of the Service;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Service, except to the extent this restriction is prohibited by applicable law;
- scrape, crawl, harvest, or use automated means to access the Service or extract data, except through functionality we expressly provide;
- probe, scan, or test the vulnerability of the Service; breach or circumvent any security or authentication measure; or access any account, data, or system you are not authorized to access;
- introduce malware or any harmful code; interfere with or disrupt the integrity or performance of the Service; or impose an unreasonable or disproportionately large load on our infrastructure;
- resell, sublicense, rent, lease, or provide the Service to third parties except your own authorized users;
- use the Service to store or transmit unlawful, infringing, defamatory, or harmful content, or to violate any applicable law or the rights of others; or
- remove, obscure, or alter any proprietary notices in the Service.
We may investigate suspected violations and cooperate with legal authorities. We may suspend access immediately, without notice, to protect the Service, our users, or third parties.
5. Intellectual property
The Service, including all software, designs, text, graphics, and the AppraiserHQ name and marks, is owned by us or our licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term. No rights are granted except as expressly set out here. If you provide feedback or suggestions, we may use them without restriction or obligation to you.
6. Third-party services
The Service may integrate with third-party services (for example, accounting or payment tools) that you choose to connect. Your use of those services is governed by their terms and privacy policies, and we are not responsible for them. Enabling an integration authorizes us to exchange data with it as needed to provide the feature.
7. Fees
If we charge fees for the Service, the applicable pricing and payment terms will be presented to you before the charge and are incorporated into these Terms. Fees are non-refundable except as required by law or as expressly stated. We may change fees on reasonable notice. You are responsible for applicable taxes.
8. Confidentiality
Each party may access non-public information of the other. Each party will protect the other’s confidential information with reasonable care and use it only to perform under these Terms. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully obtained from a third party.
9. Term, suspension, and termination
These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ends. We may delete Customer Data after a reasonable period following termination; export your data before you stop using the Service if you wish to retain it. Sections that by their nature should survive termination (including Sections 3–5 and 8–14) will survive.
10. Disclaimer of warranties
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that it will meet your requirements or produce particular results. You are responsible for your business decisions and for verifying any output of the Service. The Service is not a substitute for professional, legal, financial, or regulatory advice.
11. Limitation of liability
To the fullest extent permitted by law, AppraiserHQ and its owners, personnel, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.
Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid us for the Service in the three (3) months immediately before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100). These limitations apply regardless of the theory of liability and are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, our liability is limited to the maximum extent permitted.
12. Indemnification
You will defend, indemnify, and hold harmless AppraiserHQ and its owners, personnel, and suppliers from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Data; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) your violation of the rights of any third party.
13. Dispute resolution; arbitration; class-action waiver
Please read this section carefully — it affects your legal rights. Except for claims that qualify for small-claims court and claims seeking injunctive relief for infringement or misuse of intellectual property or violation of Section 4, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding arbitration on an individual basis, administered under the rules of a recognized arbitration body in the governing jurisdiction, rather than in court.
You and AppraiserHQ each waive any right to a jury trial and any right to participate in a class, collective, or representative action. Disputes will be resolved only on an individual basis, and claims of more than one customer cannot be arbitrated or litigated jointly. If this class-action waiver is found unenforceable, the remainder of this Section will be void but the rest of these Terms will remain in effect. Any claim must be brought within one (1) year after it arises, or it is permanently barred.
14. Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to Section 13, the courts located in Alberta, Canada will have exclusive jurisdiction, and you consent to their jurisdiction and venue.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “ Effective” date above and, where appropriate, provide notice through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.
16. General
These Terms, together with the Privacy Policy and any order or pricing terms, are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship. Notices to you may be given through the Service or your account.