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Terms of Service

Last updated: January 15, 2025

Please read these Terms of Service ("Terms") carefully before using the Prosperty platform, website, APIs, or any other services provided by Prosperty, Inc. ("Prosperty," "Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Prosperty, Inc., a Delaware corporation with principal offices at 228 Park Ave S, Suite 57149, New York, NY 10003.

1. Acceptance of Terms

By creating an account, accessing our website, using our platform, or otherwise engaging with our services, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. You also represent and warrant that:

  • You are at least 18 years of age and have the legal capacity to enter into a binding contract.
  • If you are using the services on behalf of an organization, you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
  • Your use of the services will comply with all applicable laws, regulations, and these Terms.
  • You will not use the services for any unlawful, harmful, or fraudulent purpose.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, providing additional notice via email or platform notification. Your continued use of the services after such notification constitutes your acceptance of the updated Terms.

2. Description of Services

Prosperty provides an AI-powered real estate intelligence platform that offers property valuation estimates (Automated Valuation Models), market analytics and trend data, investment analysis tools, portfolio monitoring capabilities, and related real estate data services (collectively, the "Services"). The specific features and functions available to you depend on your subscription plan.

2.1 Nature of Valuations and Analytics

The property valuations, market estimates, analytics outputs, and other data provided through the Prosperty platform are generated by automated models and algorithms and are provided for informational purposes only. They are not:

  • Certified real estate appraisals or opinions of value by licensed appraisers.
  • Investment advice, financial advice, or recommendations to buy, sell, or hold any property or investment.
  • Legal advice or professional real estate consulting services.
  • Guarantees of any particular outcome or market condition.

You should consult qualified professionals — including licensed appraisers, real estate agents, attorneys, and financial advisors — before making any real estate investment decision. Prosperty's outputs are one input among many that should inform, but never replace, your independent judgment and professional due diligence.

2.2 Data Accuracy

While we work diligently to maintain accurate and current data, property information, market data, and analytics outputs may contain errors, inaccuracies, or may not reflect the most current conditions. We make no warranty as to the accuracy, completeness, or timeliness of any data provided through the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You may not create accounts on behalf of others without their permission, use another person's account, or create accounts using automated methods.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Use a strong, unique password and not share your credentials with others.
  • Notify us immediately at security@theprospecty.com if you suspect unauthorized access to your account.
  • Log out of your account at the end of each session when using shared devices.

Prosperty will not be liable for losses arising from unauthorized account access resulting from your failure to maintain the security of your credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, cause harm to other users or third parties, or for any other reason we deem appropriate with or without notice. You may terminate your account at any time by contacting support@theprospecty.com.

4. Subscriptions and Payment

4.1 Subscription Plans

Prosperty offers various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page at the time of subscription. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select.

4.2 Payment Processing

All payments are processed by our third-party payment processor. You authorize us to charge your designated payment method for all fees incurred under your subscription. You are responsible for providing accurate billing information and for ensuring your payment method remains valid.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; we do not provide prorated refunds for partial periods except as required by applicable law.

4.4 Price Changes

We reserve the right to change subscription prices at any time. We will provide at least 30 days' advance notice of any price increase applicable to your current subscription. Your continued use of the Services after the price change takes effect constitutes acceptance of the new pricing.

4.5 Refunds

Except as required by applicable law, subscription fees are non-refundable. If you believe you have been charged in error, please contact billing@theprospecty.com within 30 days of the charge.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the platform or interfere with any other user's access.
  • Attempt to gain unauthorized access to any part of the Services, other user accounts, computer systems, or networks connected to Prosperty.
  • Use automated systems, bots, scrapers, or crawlers to access or collect data from the Services without our express written permission.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services or our proprietary algorithms.
  • Copy, modify, distribute, sell, or lease any part of the Services without authorization.
  • Use the Services to conduct any form of market manipulation or to engage in fraudulent transactions or representations.
  • Transmit any viruses, malware, or other harmful code.
  • Violate any applicable law, regulation, or third-party rights, including intellectual property rights and privacy rights.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Resell, relicense, or sublicense access to the Services without express written authorization from Prosperty.

6. Intellectual Property

6.1 Prosperty's Intellectual Property

The Services, including all content, features, functionality, software, data models, algorithms, and related materials, are owned by Prosperty or its licensors and are protected by copyright, patent, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any ownership right or license in Prosperty's intellectual property except the limited right to use the Services as expressly permitted herein.

6.2 Limited License to Users

Subject to your compliance with these Terms and payment of applicable fees, Prosperty grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own internal business or personal purposes during the term of your subscription. This license does not include the right to: resell or sublicense the Services, republish platform data at scale, or use the Services in any way that exceeds the scope of your subscription plan.

6.3 User Content

You retain ownership of any data, content, or information you upload or input into the Services ("User Content"). By submitting User Content, you grant Prosperty a limited, worldwide, royalty-free license to use, process, and store your User Content solely as necessary to provide the Services to you. We do not use your specific portfolio data or property queries to market services to competitors of yours, and we handle your User Content in accordance with our Privacy Policy.

6.4 Feedback

If you submit suggestions, ideas, or feedback about the Services ("Feedback"), you grant Prosperty an unrestricted, royalty-free, perpetual license to use and incorporate such Feedback into the Services without any obligation to you.

7. Third-Party Services and Data

The Services may integrate with or rely upon third-party data providers, APIs, and services. Prosperty makes no warranty regarding the accuracy, reliability, or availability of third-party data. Any interactions with third-party services are governed by those parties' own terms and policies. Prosperty is not responsible for any loss or damage arising from your use of third-party services or your reliance on third-party data.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROSPERTY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
  • WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, DATA, OR VALUATIONS PROVIDED THROUGH THE SERVICES.
  • WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

No information or advice provided by Prosperty creates any warranty not expressly set out in these Terms. Property valuations, market data, and analytics outputs are estimates based on available data and models and may not accurately reflect actual market values or conditions.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROSPERTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
  • ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (A) THE AMOUNT YOU PAID TO PROSPERTY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

These limitations apply whether the claim arises in contract, tort (including negligence), strict liability, or any other theory, and whether or not Prosperty has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Prosperty and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any inaccuracy in representations you have made to us.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except for claims for injunctive or equitable relief and claims related to intellectual property, any dispute arising from or relating to these Terms or the Services will be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in New York, New York. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND PROSPERTY AGREE THAT ANY CLAIMS WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Jurisdiction for Non-Arbitrable Claims

For disputes not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements or policies incorporated by reference, constitute the entire agreement between you and Prosperty regarding the Services and supersede all prior agreements.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

12.3 No Waiver

Prosperty's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that or any other provision in the future.

12.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Prosperty may assign its rights and obligations without restriction.

12.5 Force Majeure

Prosperty will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet disruptions, or third-party service failures.

13. Contact Information

For questions about these Terms of Service, please contact:

  • Email: legal@theprospecty.com
  • Mail: Prosperty, Inc., Attn: Legal Department, 228 Park Ave S, Suite 57149, New York, NY 10003

See also: Privacy Policy  ·  Cookie Policy

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