These Terms of Service (“Terms”) are a binding agreement between you (“you”, “Customer”, or “User”)
and AppraisePoint Inc. (“AppraisePoint”, “we”, “us”).
They govern your access to and use of our websites, applications, and 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) Who may use the Service
- Authority. If you use the Service on behalf of a company or organization, you represent that you have authority to bind it, and “you” includes that entity.
- Eligibility. You must be able to form a binding contract under applicable law. You may not use the Service where prohibited.
- Global use. The Service may be accessed worldwide. You are responsible for ensuring your use (including your Outputs) complies with laws and professional standards applicable to you and your clients.
2) The Service (what we provide)
AppraisePoint provides tools to create, manage, store, and export professional documentation and workflows, including (without limitation)
jewelry appraisals, grading reports, certificates, client records, item data, pricing inputs, media uploads, and related outputs (the “Outputs”).
- No professional substitution. The Service is a software platform. You remain solely responsible for professional judgment, methodology, accuracy,
compliance with standards, and the content of appraisals/gradings you perform.
- Feature changes. We may add, remove, or modify features, and we may provide beta/preview features. Beta features are offered “as is” and may change or be discontinued.
3) Workspaces, roles, invites, and account security
- Workspace / company tenant. The Service is typically used through a company workspace (tenant). Users within a workspace may have different permissions based on role.
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Roles and permissions. The Service may support multiple roles, including administrative and non-administrative roles (for example:
System Administrator, Jeweller Manager, Jeweller Appraiser, Jeweller Editor, Jeweller Trainee, and Customer). Permissions vary by role and may change over time.
- Admins control access. Workspace administrators (e.g., a “Jeweller Manager”) can invite users, assign or change roles, remove users, and manage workspace settings.
- Responsibility for invited users. You are responsible for all activity under your workspace, including actions of users you invite or authorize. Ensure each user only receives access appropriate for their responsibilities.
- Customer users. If your workspace enables a “Customer” user type (for example, an end client with limited access), you are responsible for obtaining all required consents and providing any legally required notices to those customers.
- Credentials. Each user must keep credentials confidential. Notify us promptly at support@appraisepoint.com of any suspected unauthorized use.
4) Customer Content, outputs, and data processing
“Customer Content” means all data, text, images, files, records, item details, client details, templates, and other materials submitted to or generated within the Service by you or on your behalf,
including appraisal/grading records and any media uploaded.
- Ownership. As between you and AppraisePoint, you retain ownership of your Customer Content.
- License to operate. You grant AppraisePoint a non-exclusive, worldwide license to host, store, reproduce, transmit, display, and otherwise process Customer Content
solely to provide, maintain, secure, and improve the Service, comply with law, and enforce these Terms.
- Responsibility and permissions. You represent that you have all rights and permissions needed to upload and process Customer Content,
including any required client consents (especially for personal information and images).
- Review before delivery. You must review all Outputs before delivering them to clients or third parties. Outputs reflect your inputs and configuration.
5) Data residency and cross-border access
- Primary storage (Canada). By default, Customer Content is stored in Canada.
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Future regions. We may offer additional data hosting regions (including the United States) in the future.
If we do, we will provide notice through the Service, your account, or email as appropriate.
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Access from other countries. Even when data is stored in Canada, it may be accessed by you and your authorized users from other countries,
and may be processed or transmitted across borders as required to operate the Service (for example, when you upload/download content or use third-party integrations).
6) Acceptable use
You agree not to misuse the Service. For example, you will not:
- Use the Service to violate laws, regulations, or third-party rights (including privacy, IP, consumer protection, and anti-fraud laws).
- Upload unlawful, infringing, defamatory, or malicious content, or content containing viruses/malware.
- Attempt to gain unauthorized access to accounts, systems, or data; probe, scan, or test vulnerabilities without authorization.
- Reverse engineer, decompile, or attempt to extract source code except to the extent allowed by law (and then only after notifying us).
- Interfere with or disrupt the Service, including rate-limiting evasion or abusive automated scraping.
- Use the Service to harvest data to create competing datasets or products where prohibited by law or contract.
7) Integrations and third-party services
The Service may integrate with or link to third-party services (e.g., payment processors such as Stripe, sign-in providers such as Google, email services, analytics providers, and data providers).
Your use of those services is subject to their terms and privacy policies, and AppraisePoint is not responsible for third-party services.
- Payment processing. Payments may be processed by Stripe or other providers. We do not store full payment card details if processed by third parties.
- Third-party outages. Third-party disruptions may affect the Service. We are not liable for failures caused by third-party services outside our control.
8) Subscriptions, trials, fees, taxes, and billing
- Plans. Some features require a paid subscription. Plan details and pricing are presented at purchase and may vary by region or channel.
- Trials. If you receive a trial, it ends automatically at the trial expiration unless you convert to a paid plan. Trial eligibility and length may change.
- Auto-renewal. Subscriptions renew automatically until canceled. You authorize us (and our payment processor) to charge your payment method at renewal.
- Changes. We may change plan pricing and fees with notice as required by law. Changes typically apply at the next renewal unless otherwise stated.
- Taxes. Fees are exclusive of applicable taxes unless stated otherwise. You are responsible for taxes and required withholdings.
- Late payments. If payment fails, we may suspend or restrict access until payment is resolved.
- Refunds. Fees are generally non-refundable except where required by law or explicitly stated in writing by AppraisePoint.
9) Confidentiality
- Confidential information. Each party may receive confidential information of the other. Confidential information includes non-public business, technical,
security, pricing, and product information, and may include Customer Content.
- Protection. You and AppraisePoint will protect the other’s confidential information using reasonable care and will use it only to perform under these Terms.
- Exceptions. Confidentiality does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party.
10) Intellectual property
- Our IP. The Service (including software, design, branding, documentation, and underlying technology) is owned by AppraisePoint or its licensors and is protected by IP laws.
- Limited license. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term,
solely for your internal business purposes and in accordance with these Terms.
- Feedback. If you provide suggestions or feedback, you grant us a perpetual, royalty-free right to use it without restriction or obligation.
11) Suspension and termination
- By you. You may stop using the Service or cancel a subscription per your billing portal/workspace settings.
- By us. We may suspend or terminate access immediately if: (a) you breach these Terms, (b) we reasonably believe your use creates a security risk,
(c) required by law, or (d) your payment is overdue.
- Effect of termination. Upon termination, your right to use the Service ends. Provisions that should survive (e.g., IP, confidentiality, limitations, indemnity) will survive.
12) Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPRAISEPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
- No guarantee of results. We do not guarantee that the Service will be uninterrupted, error-free, or that Outputs will be accepted by any third party.
- Professional responsibility. You are solely responsible for the appraisal/grading methodology, values, conclusions, and compliance obligations.
13) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL APPRAISEPOINT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA,
OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPRAISEPOINT’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO
THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO APPRAISEPOINT FOR THE SERVICE
IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14) Indemnification
You will indemnify and hold harmless AppraisePoint and its directors, officers, employees, and contractors from any claims, damages, liabilities,
losses, and expenses (including reasonable legal fees) arising from or relating to:
- Your Customer Content, Outputs, or appraisal/grading services;
- Your violation of these Terms or applicable law;
- Your infringement or misappropriation of third-party rights (including IP and privacy rights);
- Your misuse of the Service or third-party integrations;
- Any actions taken by users you invite or authorize within your workspace.
15) Compliance and export
- Legal compliance. You agree to comply with all laws applicable to your use of the Service, including privacy, consumer protection, and anti-fraud laws.
- Export controls and sanctions. You may not use or export the Service in violation of applicable export control or sanctions laws.
16) Changes to these Terms
We may update these Terms from time to time. If changes are material, we will provide notice as required by law
(for example, by posting on our website or notifying you in the Service).
Continued use after the effective date of updated Terms means you accept the updated Terms.
17) Governing law and venue
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws rules.
You agree that courts located in Alberta, Canada will have exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or the Service,
except where prohibited by law.
18) Contact
Questions about these Terms:
info@appraisepoint.com or
support@appraisepoint.com.