Terms of Service

Acceptance of Terms

By accessing or using Swish Appraisal's software and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services. These Terms constitute a legally binding agreement between you and Swish Appraisal.

Description of Services

Swish Appraisal provides cloud-based appraisal software designed to streamline the residential appraisal process. Our Services include automated data entry, AI-powered commentary, photo management, report review, MLS integration, and related features to help appraisers complete reports more efficiently.

User Account and Registration

Account Creation

To use our Services, you must:

• Be a licensed or certified real estate appraiser
• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Be at least 18 years of age
• Have the authority to enter into this agreement

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach. Swish Appraisal will not be liable for any loss or damage arising from your failure to protect your account information.

Permitted Use

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

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any fraudulent or unlawful purpose
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Upload or transmit viruses, malware, or other malicious code
• Reverse engineer, decompile, or disassemble the software
• Share your account credentials with others
• Use the Services to create competing products or services
• Scrape, mine, or harvest data from the Services
• Remove or modify any proprietary notices or labels

Subscription and Payment

Subscription Plans

Our Services are provided on a subscription basis. Pricing, features, and subscription terms are detailed on our website and may vary based on the plan you select.

Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method on file for all fees. If payment fails, we may suspend or terminate your access to the Services.

Refunds and Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. We do not provide refunds for partial subscription periods, except as required by law or as otherwise stated in our refund policy.

Price Changes

We reserve the right to modify our pricing. We will provide you with reasonable advance notice of any price changes, and you will have the opportunity to cancel your subscription before the new pricing takes effect.

Intellectual Property

Our Rights

The Services, including all software, content, trademarks, logos, and other materials, are owned by Swish Appraisal and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

Your Content

You retain ownership of all appraisal reports, data, photos, and other content you create or upload to our Services ("Your Content"). By using our Services, you grant us a limited license to use, store, process, and display Your Content solely to provide and improve our Services.

Data and Privacy

Our collection and use of your information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.

Professional Responsibility

While our Services are designed to assist appraisers, you acknowledge and agree that:

• You are solely responsible for the accuracy and compliance of your appraisal reports
• Our AI-generated content and suggestions are tools to assist you, not replace your professional judgment
• You must review, verify, and approve all data and commentary before submitting reports
• You remain responsible for compliance with USPAP, state regulations, and professional standards
• Swish Appraisal does not provide appraisal services or assume any professional liability for your work

Third-Party Integrations

Our Services may integrate with third-party services such as MLS systems, county databases, and other data providers. Your use of these integrations is subject to the terms and conditions of the respective third parties. We are not responsible for the availability, accuracy, or content of third-party services.

Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWISH APPRAISAL DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWISH APPRAISAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Swish Appraisal and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.

Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Services will immediately cease. You may download Your Content before termination, after which we may delete your data in accordance with our data retention policies.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Swish Appraisal regarding the Services
• Severability: If any provision is found unenforceable, the remaining provisions will remain in effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction
• No Agency: These Terms do not create any agency, partnership, or joint venture relationship

Contact Information

If you have questions about these Terms, please contact us: