Terms of Service

1. Acceptance of Terms

By creating an account, accessing our website (propsly.co), placing an inspection order, uploading photographic media, or utilizing the Propsly™ API, you ("Client", "User", or "You") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Cookie & Telemetry Policy. If you are entering into these Terms on behalf of an entity, company, or real estate trust, you represent that you have legal authority to bind that entity.

2. Nature of Services & Fulfillment Models

Propsly™ coordinates and provides rapid property visual documentation across three distinct fulfillment workflows:

• On-Demand Field Runner (Field Walkthrough): Dispatched independent third-party field photographers capture designated exterior and interior property views in accordance with standardized shot lists.
• Direct Self-Upload AI Audit: The Client captures and uploads their own smartphone photographs directly into our platform for automated computer vision defect analysis.
• Tenant-Guided Mobile Capture: Occupants or tenants receive an authenticated mobile web capture link to photograph required items step-by-step, with real-time AI guidance and quality verification.

Visual documentation is strictly limited to accessible, readily visible areas at the time of capture. Field runners do not move furniture, access locked or hazardous compartments, dismantle mechanical equipment, enter unsafe crawlspaces, or perform destructive testing. Latent, concealed, environmental (e.g., radon, lead, asbestos, mold), and behind-wall conditions cannot be detected.

3. Client Representations & Property Access Rights

When requesting an on-site property walkthrough, you affirmatively warrant that:

• You own the subject property, have the owner's explicit written authorization, or possess a legitimate contractual interest (such as a pending purchase contract, lease agreement, or property management contract).
• You have provided appropriate statutory notice of entry to tenants or occupants in accordance with local landlord-tenant laws.
• The premises are safe for independent field contractors to enter without hazardous conditions, unrestrained animals, or active security threats.

4. Pricing, Payments & Cancellation Policy

All orders require upfront credit card payment via our certified PCI-compliant payment processing partners. Published pricing tiers (e.g., Direct Self-Upload at $29, Tenant-Guided at $39, QuickCheck at $59, Standard at $149, Buyer Priority at $189) and optional add-ons (Rush 4-Hour Boost, Dispute-Ready Certified Package) are billed upon checkout.

• Cancellation Before Runner Dispatch: Orders canceled prior to a field runner being assigned and en route to the property are eligible for a full refund minus payment processing gateway fees ($5.00).
• Cancellation After Dispatch / Inability to Access: If a field runner arrives at the property and is denied access due to incorrect lockbox codes, hostile occupants, or absent keys, a trip charge ($35.00) will apply.
• Completed Reports: Once photographs have been captured and the AI Condition Report is generated, reports are non-refundable.

5. Website Performance, Telemetry & Session Replay Consent

You expressly acknowledge, agree, and consent that we may utilize website performance measurement, diagnostic tools, telemetry, and session replay technologies operated by or on behalf of us to record standard navigational interactions (such as clicks, mouse movements, scrolling, and page load telemetry) strictly to monitor platform health, troubleshoot technical defects, and improve user workflow. Such service providers act solely on our behalf under confidential service provider terms and do not intercept private communications.

All session replay tools are subject to your prior express consent where required by law and employ strict browser-level client-side masking. Sensitive authentication credentials, financial information, government identifiers, payment card details, and personal communications are masked locally prior to telemetry transmission and are never recorded or stored.

6. AI Condition Analysis & Cost Estimates Disclaimer

Propsly™ employs multimodal artificial intelligence vision models to identify visual defects, evaluate surface conditions, calculate room scores, and synthesize documentation into itemized inspection reports.

All AI-generated health scores, useful life predictions (e.g., roof or HVAC remaining years), and repair cost estimates are statistical approximations provided solely for preliminary budgeting. They do not constitute contractor estimates, architectural specs, or firm bids. Actual repair costs vary based on contractor availability, regional labor rates, municipal permits, and concealed structural conditions.

7. Intellectual Property & Photographic Rights

You retain ownership of any proprietary photos you upload directly. By uploading photos or ordering an inspection, you grant Propsly™ a worldwide, non-exclusive, royalty-free license to store, process, display, and analyze the photographic media for the purpose of fulfilling your order, compiling your reports, and calibrating visual condition detection models in an aggregated, anonymized format.

All report templates, software, scoring algorithms, and visual branding remain the exclusive intellectual property of Propsly™.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROPSLY, ITS OFFICERS, DIRECTORS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REAL ESTATE PROFITS, UNDETECTED DEFECTS, STRUCTURAL COLLAPSE, WATER DAMAGE, TENANT EVICTION DELAYS, OR LITIGATION COSTS.

PROPSLY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER OR SERVICE SHALL IN ALL CIRCUMSTANCES BE STRICTLY LIMITED TO THE EXACT AMOUNT PAID BY CLIENT FOR THE SPECIFIC INSPECTION ORDER GIVING RISE TO THE CLAIM.

9. Mandatory Pre-Dispute Informal Negotiation, Binding Individual Arbitration, Class Action Waiver & Mass Arbitration Protocol

9.1 Mandatory 30-Day Pre-Dispute Informal Negotiation

Before initiating any formal legal claim, demand, or arbitration proceeding against Propsly™, you and Propsly™ agree that each party shall first send an individualized, signed written Notice of Dispute containing: (a) claimant's full legal name, telephone number, and email address associated with the account; (b) the specific order number, property address, or date of interaction; (c) a detailed factual description of the dispute; and (d) the exact, non-conclusory calculation of damages or relief requested. The parties agree to meet and confer via telephone, video conference, or email in good faith for at least thirty (30) business days following receipt of the Notice before filing any formal arbitration demand or court action. Engaging in this informal dispute resolution procedure is an express condition precedent that must be satisfied before commencing arbitration or legal proceedings.

9.2 Binding Individual Arbitration & Class Action Waiver

Except for disputes eligible for small claims court on an individual basis, any dispute, controversy, or claim arising out of or relating to these Terms, the platform, privacy practices, telemetry, or our services shall be settled by final, binding individual arbitration administered by the American Arbitration Association (AAA) or JAMS in accordance with their respective rules. YOU AND PROPSLY MUTUALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator shall have no authority to consolidate claims or conduct class, collective, or representative arbitration.

9.3 Mass Arbitration Batching Protocol

To foster efficient dispute resolution and prevent coordinated abusive arbitration filings, if twenty-five (25) or more similar arbitration demands or dispute notices are filed against Propsly™ by or through the same legal counsel, law firm, or coordinated group of claimants within a 180-day period:

• Batching in Sets of Ten (10): All such claims shall be organized and administered in sequential batches of ten (10) claims each. The arbitration provider shall randomly assign each filed claim to a numbered batch.
• Sequential Adjudication & Stays: Only one batch of ten (10) claims shall proceed to appointment of arbitrators and active arbitration proceedings at any given time.
• Fee Tolling & Suspension: All filing fees, administrative fees, arbitrator compensation, and case deadlines for subsequent batches are automatically stayed, suspended, and tolled without penalty until the preceding batch concludes (via final award, settlement, or withdrawal).
• Mediation Window: Following the conclusion of the first batch of ten (10) arbitrations, the parties shall participate in a confidential, global mediation with a retired judge to explore settlement of the remaining claims based on the initial determinations.

10. Contact Information

For legal inquiries, dispute notifications, or questions regarding these Terms, please contact our legal department at:
Email: legal@propsly.co
General Support: support@propsly.co