Terms of Use

01Your Access to the Service

Internet access: When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you are responsible for maintaining Internet access and for any connection or telecommunications fees you incur.

Your device: We are not responsible for the operation of your Device. You are responsible for ensuring its system functions are in working order when accessing the Service.

No guarantee: Access may be suspended temporarily and without notice for system failure, maintenance or repair, suspected breach of these Terms, reasons beyond our control, or as otherwise explained in these Terms.

02Permitted Use and Restrictions

License grant: Subject to these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable license to access and use the Service (including updates and any documentation) solely on a Device you own or control. All other rights are reserved.

Eligibility: You must be at least 18 years old, or a validly existing business or other legal entity in good standing, and able to enter into legally binding contracts.

You may not:

• Modify, copy, create derivative works from, translate, reverse engineer, decompile, disassemble, or hack the Service
• Sell, assign, rent, lease, sublicense, or grant rights in the Service to any other person or entity
• Use the Service for any unlawful, fraudulent, or malicious purpose, including inserting malicious code or harmful data
• Use the Service in a way that could damage, disable, overburden, or impair our systems or interfere with other users
• Scrape, harvest, or use any robot, spider, or automated device to monitor or copy the Service or its data
• Transmit or procure the sending of unsolicited or unauthorized advertising or promotional material (spam)

We may, but are not obligated to, monitor the Service and investigate suspected violations, and may immediately terminate your license to use the Service.

03Privacy

These Terms incorporate our Privacy Policy, which explains how your personal information is collected and used. By agreeing to these Terms you also agree to the Privacy Policy and consent to the processing of your personal information and the collection of information from your Device as described there.

04Accounts

Creating an account: Certain features require an account. You may register directly or through a third-party authentication provider, in which case you authorize us to collect your name, email address, profile picture, language preference, and access token. You agree to provide true, accurate, current, and complete information and to keep it updated.

Account security: You are solely responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.

No sharing or transfer: Accounts are registered to you and may not be sold, traded, gifted, or otherwise transferred, and passwords may not be shared.

Fees: You agree to pay all applicable fees and taxes incurred by you or anyone using your account, including unauthorized charges. Billing and refund handling are described in our Refund Policy.

Cancellation: You may cancel your account at any time by contacting us. We may suspend or terminate your account at any time, including for breach of these Terms, fraudulent or illegal activity, legal requirement, or if we discontinue the Service. On termination we may delete the information in your account.

05Appraisal Services

The platform: Automax AI, Inc.operates a digital platform through the Site and App that allows users seeking residential real property appraisal and related valuation services (each an “Appraisal”) to order and manage those services. Appraisals are performed by independent, state-licensed or state-certified third-party appraisers (“Appraisers”). Appraisers are independent contractors and are not employees, agents, or apparent agents of Automax AI, Inc.. Any effort we undertake to verify an Appraiser’s credentials, licensing, or experience does not create an employment or agency relationship.

Ordering: To order an Appraisal you must provide a current, valid, accepted payment method and agree that we may charge it. We use authorized third-party processors for payments and card authorizations. By submitting payment details you authorize us to store and process your information with those processors.

Cancellations and rescheduling: Cancellations and reschedules made after an Appraisal has been assigned, or where the Appraiser cannot access the property or complete the assignment, may incur a fee reflecting work already performed. Fees and refund eligibility are described in our Refund Policy.

Property access: Where an Appraisal requires an inspection of the property (the “Subject Property”), you are responsible for ensuring the Appraiser has all appropriate permissions to enter on the scheduled date. You bear sole responsibility for any disruption caused by construction, renovation, cleaning, or other activity at the Subject Property at that time.

No known hazardous condition: You represent and warrant that there is no hazardous condition or material at the Subject Property known to you at the time of the Appraisal. If you attend, you assume all risk and responsibility for any injury, illness, damage, loss, liability, or expense you may incur in connection with attending.

Scope and standards: Unless otherwise agreed in writing, Appraisers perform Appraisals in a professional manner in accordance with applicable law, the Uniform Standards of Professional Appraisal Practice (USPAP), applicable agency and investor requirements, and our written standards, policies, and procedures. You acknowledge that these standards contain limitations, exceptions, and exclusions. You and the Appraiser may agree in writing to a reduced scope of work (for example, a desktop, hybrid, or exterior-only assignment); a reduced-scope assignment is not as comprehensive as a full interior appraisal and remains subject to the disclaimer and limitations below.

Not a home inspection: An Appraisal is an opinion of value and is not a home inspection, engineering report, survey, or warranty. Appraisers do not test for radon, mold, asbestos, lead paint, soil contamination, pests, code compliance, or other toxins or environmental hazards; do not identify concealed or latent defects; do not move furniture, personal items, or wall or ceiling coverings; and do not perform any test or procedure that could damage the property. Appraisers will not enter any area that in their opinion is unsafe.

Report and work product: The appraisal report, depictions, images, photographs, floor plans, and other documentation produced in connection with an Appraisal, together with associated copyrights and other intellectual property rights, are the exclusive property of Automax AI, Inc.(the “Work Product”). We grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable license to access and use the Work Product solely in connection with a real property transaction, financing decision, or potential transaction and otherwise consistent with these Terms. You may discuss the Work Product with real estate agents, owners, and other interested parties, but we are not responsible for use or misinterpretation by third parties, and reliance by any third party is at that party’s own risk.

Additional information: Estimates and other information provided beyond the scope of information required in an appraisal report are provided at your request and are based on the Appraiser’s best professional judgment. Neither Automax AI, Inc. nor any Appraiser has liability for the accuracy of such estimates and information.

Disclaimer: THE APPRAISAL AND THE WORK PRODUCT ARE IN NO WAY A GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE FUTURE USE, VALUE, OPERABILITY, HABITABILITY, OR SUITABILITY OF THE REAL PROPERTY OR ITS COMPONENTS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation on liability and damages: We assume no liability for the cost of repair or replacement of unreported conditions at any property subject to an Appraisal, or for any difference between an opinion of value and a later sale price or valuation. Notwithstanding any other provision of these Terms, the liability of Automax AI, Inc. and the Appraisers, and their respective affiliates, business partners, licensors, officers, directors, employees, and agents, on a joint and several basis, is expressly limited to the fee paid for the Appraisal giving rise to the claim.

Claim notice: If you believe you have a claim against us, you agree to provide written notice of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it, and to provide immediate access to the premises associated with the claim. Failure to comply releases us from liability.

Invoicing: We may invoice you periodically in lieu of charging your payment method. Invoices are due on the terms stated on the invoice. If you believe you have been billed incorrectly, you must contact us no later than 60 days after the closing date on the first billing statement in which the error appeared. Unpaid amounts may accrue late fees and finance charges to the maximum extent permitted by law, and may result in immediate termination of the Service.

Co-branded ordering portals: We may offer business partners (“Partners”) the ability to set up a co-branded or white-label ordering experience within the Service. By enabling such a portal, the Partner grants us a limited, non-exclusive, worldwide, royalty-free license to use its name, trademarks, logos, and branding materials solely as necessary to create, operate, and promote the portal and related communications, and represents that it has all rights necessary to grant that license. Where a Partner elects to have its customers pay us directly, the Partner remains financially responsible for amounts we are unable to collect within 60 days.

06Submitted Content

The Service may allow you to submit or share content such as property details, documents, photographs, reviews, and messages (“Submitted Content”). Submitted Content does not include Work Product. We are not the source of, do not verify or endorse, and take no responsibility for Submitted Content, which is entirely the responsibility of the person from whom it originated.

You are responsible for ensuring you do not submit material that:

• Is protected by copyright, contains trade secrets, or is subject to third-party proprietary, privacy, or publicity rights without permission
• Is false or a misrepresentation
• Is offensive, unlawful, defamatory, harassing, hateful, discriminatory, or otherwise objectionable
• Impersonates another person

We do not claim ownership of your Submitted Content. You grant us a perpetual, irrevocable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive license to use, reproduce, distribute, prepare derivative works of, display, modify, copy, and perform the Submitted Content in connection with the Service and our business, including promoting and redistributing the Service. You represent and warrant that you have the full right to grant this license.

We may, in our sole discretion, pre-screen, refuse, or remove Submitted Content and terminate accounts that submit content in breach of these Terms, but we have no obligation to do so. We do not guarantee confidentiality with respect to Submitted Content.

07DMCA Notice

We have adopted a policy providing for the suspension and/or termination of any user found to have infringed the rights of Automax AI, Inc. or a third party, and we investigate allegations of copyright infringement brought to our attention.

Take-down notice. If you believe your rights or the rights of a third party have been violated, send our designated copyright agent at info@automax.ai a notice containing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material, with enough detail (such as URLs) for us to locate it
• Your address, telephone number, and email address so we can contact you
• A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

See 17 U.S.C. 512(c)(3) for further information. Only copyright complaints should be sent to the designated agent. Once proper notice is received, our policy is to remove or disable access to the material, notify the content provider, and terminate access for repeat infringers.

Counter-notice. If you believe material was removed by mistake or misidentification, you may send a counter-notice to the same address containing your signature, identification of the removed material and where it appeared, a statement under penalty of perjury of your good faith belief that it was removed by mistake, your name, address, and telephone number, and a statement consenting to the jurisdiction of the federal district court where you are located and accepting service of process from the complaining party.

08Submissions

We welcome feedback, but our policy does not permit us to accept or consider unsolicited ideas, suggestions, proposals, or materials (“Submissions”). If you send them anyway, you agree that: (i) they are non-confidential and non-proprietary; (ii) we may, subject to our Privacy Policy, use, copy, distribute, adapt, and disclose them without limit in time and without payment to you; (iii) we may already have something similar under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement.

09Intellectual Property Rights

Trademarks: The Automax AI, Inc. name and logo are trademarks and service marks of Automax AI, Inc.. You have no right to use them, and unauthorized use may violate federal and state trademark laws.

Ownership: Except for your Submitted Content, all intellectual property rights in the Service — including graphics, logos, “look and feel,” trade dress, structure, organization, code, models, and all content and compilations thereof — belong to us or our licensors and are protected by U.S. and international law. Nothing posted on the Service grants a license to any of our trademarks, copyrights, or other intellectual property by implication, estoppel, or otherwise.

10Mobile Messaging Terms and Conditions

By agreeing to these Terms or using the Service, you agree to receive communications from us, including email, text message (to the extent permitted by applicable law), calls, push notifications, and browser notifications. These may include responses to your inquiries, operational communications about your account or orders, requests for feedback, and marketing materials. You can unsubscribe from promotional email using the options in the email itself.

Program: We offer a mobile messaging program (the “Program”) that you agree to participate in subject to this section. This section is limited to the Program and does not modify any other Terms or the Privacy Policy.

Telephone numbers you provide: If you provide a telephone number that does not belong to you, you represent and warrant that you have obtained all necessary consents and permissions, in compliance with all applicable local, state, federal, and international laws, including the Telephone Consumer Protection Act (TCPA), to authorize us to contact the individual associated with that number via automated transactional calls and text messages.

Opt-in: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in, such as through online or in-app enrollment forms. By participating, you agree to receive auto-dialed or prerecorded mobile messages at the phone number associated with your opt-in, and acknowledge your information may be shared with third-party service providers who help us administer the Program.

Cost and frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional messages may be sent periodically based on your interaction with us.

Duty to notify: If you stop using a mobile number enrolled in the Program, including by canceling your plan or transferring the number, you agree to complete the opt-out process first. You agree to indemnify, defend, and hold us harmless from any claim or liability, including under the TCPA, 47 U.S.C. § 227, or similar laws, resulting from your failure to notify us of such a change.

Disclaimer and requirements: The Program is offered on an “as-is” basis and may not be available in all areas at all times or continue to work following product, software, coverage, or carrier changes. Delivery is subject to transmission from your wireless carrier and outside our control. You must have a wireless device capable of two-way messaging on a participating carrier with text messaging service; not all carriers carry the necessary service.

11Third-Party Sites and Services

The Service may contain links to, or allow you to share content directly with, third-party websites and services (“Third-Party Sites”). We have no control over Third-Party Sites and are not responsible for their content or availability. Links are provided for convenience only and do not constitute an endorsement. Your use of Third-Party Sites is at your own risk and governed by their own terms and privacy policies, which it is your responsibility to read and comply with.

12Notice for California Residents

Under California Civil Code Section 1789.3, California consumers of an electronic commercial service receive the following notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

13Indemnity

You agree to indemnify and hold Automax AI, Inc.and its affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which does not excuse your indemnity obligations.

14Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS OR TO OTHERWISE SUPPORT, DEVELOP, OR MAINTAIN THE SERVICE. WE MAKE NO PROMISES THAT CONTENT INCLUDED ON THE SERVICE IS ACCURATE, COMPLETE, OR UP TO DATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, AND OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. No information or advice obtained through the Service constitutes a warranty. Because some states do not allow the disclaimer of implied warranties, the foregoing may not apply to you.

15Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY, DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE IT) ARISING FROM OR CONNECTED WITH THE SERVICE OR THESE TERMS, WHETHER FRAMED IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Except as provided in the Appraisal Services section above, your sole remedy for dissatisfaction with the Service is to stop using it, and the Indemnified Parties’ total liability in connection with the Service or these Terms shall not exceed One Hundred Dollars ($100). Any claim arising under these Terms must be brought within one year after it arises or be forever barred. This time period may be shorter than otherwise provided by law.

These limitations do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states our liability is limited to the extent permitted by law.

16Termination

We may terminate these Terms and/or your permission to use the Service immediately, without prior notice or liability, if you breach these Terms, if we discontinue the Service, or if we are prevented from providing it for any reason. We also reserve the right to change, edit, suspend, delete, or cancel any part of the Service or your access to it at any time, with or without notice, if required by law or due to an event beyond our control. On termination, all rights granted to you cease immediately and you must cease all activities authorized by these Terms. The sections on Privacy, appraisal disclaimers and liability limits, Intellectual Property Rights, and Sections 13 through 21 survive termination.

17Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, send it to the contact information at the bottom of these Terms. If we need to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

18Governing Law

These Terms, and any claim or dispute between you and us, are governed by the internal laws of the State of [State], consistent with the Federal Arbitration Act, without regard to conflict of laws principles. Except as otherwise provided below, the state and federal courts located in [City, County, State] have exclusive jurisdiction over all disputes arising out of or related to these Terms or your use of the Service, and you agree to submit to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, we may seek equitable remedies (including injunctions) in any jurisdiction.

19Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. Most concerns can be resolved quickly by contacting us at info@automax.ai.

Arbitration: If your concern cannot be resolved informally, you and Automax AI, Inc.agree that all disputes (each a “Claim”), except as provided below, shall be finally and exclusively resolved by binding arbitration, initiated by written notice from either party. Arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS in effect at the time (the “JAMS Rules”), and under the terms set out in this section, which control in the event of conflict. Both parties will have the opportunity for discovery of non-privileged relevant information, and the arbitrator will provide a written statement of the decision, award, and findings. Whether a Claim is subject to arbitration is governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATOR DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

Location: The arbitration will take place in [City, County, State] unless the parties agree to video, phone, or internet appearances.

No class actions: Any arbitration is limited to the Claim between you and Automax AI, Inc. individually. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS, TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR TO BE JOINED WITH ANY OTHER ARBITRATION.

Exceptions: The following are not subject to binding arbitration: any dispute arising out of our actual or alleged intellectual property rights; any Claim related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and any claim for equitable relief. Either party may also bring an individual action in small claims court within that court’s jurisdiction in lieu of arbitration.

Fees and severability: If you initiate arbitration, you pay the JAMS initiation fee; if we initiate, we pay it. All other costs are charged pursuant to the JAMS Rules. If any portion of this section other than the class-action waiver is found illegal or unenforceable, that portion is severed and the remainder given full force. If the class-action waiver is found unenforceable, neither party will arbitrate the affected Claim, which will instead be decided exclusively by a court in [City, County, State].

20Other Important Terms

Assignment: You may not assign your rights under these Terms without our prior written consent; any attempted assignment is null and void. We may transfer our rights and obligations to another organization without affecting your rights or our obligations.

Severability: If any part of these Terms is determined to be invalid or unenforceable, that portion is severed and the remainder is given full force and effect.

Attorneys’ fees: Except as otherwise provided in the arbitration fees provision above, the prevailing party in any litigation or arbitration relating to these Terms is entitled to recover its reasonable costs, attorneys’ fees, and other expenses.

No waiver: Our failure to enforce any provision is not a waiver of that provision or of our right to enforce it later.

Equitable remedies: You acknowledge that we would be irreparably damaged if these Terms were not specifically enforced, and agree we are entitled to equitable remedies without bond or proof of damages, in addition to any other remedies available at law.

Entire agreement: These Terms, including the documents referenced in them, constitute the entire agreement between you and Automax AI, Inc. with respect to the Service and supersede all prior agreements relating to the Service.

21Changes to These Terms

We may amend these Terms at any time at our sole discretion. As applicable, we will notify you of material changes when you next access the Service, and we may also email you. We reserve the right to modify or discontinue the Service, or any part of it, temporarily or permanently, with or without notice.

22Contact Information

Questions or comments about the Service or these Terms? Contact Automax AI, Inc. at info@automax.ai.