Terms of Service
Last updated: July 2, 2026
These Terms of Service (the “Terms”) govern your access to and use of Property Eval (the “Service”), a product of James Capital Management Inc. (“James Capital Management Inc.”, “we”, “us”, or “our”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. The Service
Property Eval is a Comparable Market Analysis (CMA) workflow tool for licensed REALTORS® and licensed brokerages. It provides automated, model-generated real-estate analysis for Canadian properties - including estimated valuations, comparable listings, neighbourhood metrics, and mortgage qualification estimates - run on the customer’s own authorized DDF / MLS feed. The Service is an informational tool only. It is not an appraisal, a mortgage approval, or financial, legal, accounting, or tax advice, and must not be relied upon as such (see Section 8).
2. Eligibility and accounts
- The Service is available only to licensed REALTORS® and licensed brokerages. By using the Service you represent that you hold a real-estate licence in good standing, or are an authorized representative of a licensed brokerage.
- You may connect your authorized DDF / API feed only where your board, your brokerage, and your data licence permit its use with third-party CMA workflow tools, and you are solely responsible for that compliance.
- You must be the age of majority in your province or territory and able to form a binding contract.
- You agree to provide accurate, current information and to keep it up to date.
- You are responsible for safeguarding your account credentials and for all activity under your account.
- Notify us promptly of any unauthorized use of your account.
3. Plans, billing, and payments
- Realtor - a monthly subscription ($129 at the date of these Terms) that includes 40 CMAs per billing cycle, with additional CMAs billed at the overage rate ($0.99 each). Overage is metered and invoiced daily.
- Brokerage - a quote-based monthly plan, from $299/month (5 seats included) plus $89 per additional agent, with custom and enterprise deployments from $999/month. CMAs are pooled across the team and overage ($0.75 per CMA over the pooled allotment) is metered and invoiced daily. Pricing and allotments are agreed in the applicable order or quote.
- Pricing reflects the cost of licensed MLS / DDF data and real-estate board technology-provider access (for example, board technology-provider fees such as those charged by the Calgary Real Estate Board), in addition to our own compute costs.
- Payments are processed by our third-party processor (Stripe). You authorize us and our processor to charge your payment method for all fees, applicable taxes, and metered usage.
- Subscriptions renew automatically until cancelled. You may cancel at any time, effective at the end of the then-current billing period. Cancellation does not relieve you of liability for amounts already accrued as of the effective date of cancellation, including any outstanding overage charges and metered usage incurred prior to cancellation, all of which remain due and will be invoiced and charged to your payment method in the ordinary course. No credit or refund is issued for the unused portion of a billing period.
- No cancellation fee. If the Service is not a fit for your business, you may cancel your Realtor or Brokerage subscription at any time at no cancellation, termination, or early-exit charge; the cancellation takes effect at the end of the then-current billing period, and amounts already accrued (including daily overage and metered usage) remain payable as set out above.
- Prices and plan features may change; we will give notice of material changes, and changes apply to the next billing period.
- Refunds. Except where a non-waivable right under applicable law requires otherwise: (i) a Realtor subscription purchased in error may be refunded only where (a) no CMA has been run under that subscription and (b) you submit a refund request, by support ticket on our Support page, within seven (7) days of the date of the charge; and (ii) Brokerage fees are governed by the applicable order or agreement. Daily overage charges and metered usage already incurred are non-refundable. Approved refunds are issued to the original payment method.
- Promotions. Any promotion, discount, or coupon / promo code we offer is subject to its own stated terms and to the following: it is offered at our discretion, is time-limited, applies only to eligible plans or purchases, has no cash value, and cannot be combined with other offers unless expressly stated. Standard pricing resumes automatically once a promotion ends or its usage limit is reached. We may modify, suspend, or withdraw any promotion at any time, and may decline or revoke a discount obtained through error, abuse, or fraud. See our Billing & Refunds summary for details.
4. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or third-party right;
- Scrape, crawl, resell, redistribute, or create a competing product from the Service or its outputs, except as expressly permitted by your plan;
- Reverse engineer, decompile, or attempt to extract source code or underlying models;
- Interfere with, overload, or disrupt the Service or attempt to gain unauthorized access;
- Submit data you are not authorized to provide, or use any connected MLS / board credentials in violation of that board's rules or your agreements; or
- Misrepresent model-generated estimates as a certified appraisal or as advice from a licensed professional.
5. Your content, connected data, and data handling
You retain ownership of the property details, notes, and credentials you submit. You grant us a limited licence to process that data solely to operate and provide the Service to you. If you connect your own MLS or DDF credentials, you represent that you are authorized to do so and are solely responsible for complying with the applicable board’s, brokerage’s, and data licence’s terms.
How we handle listing data accessed through your credentials:
- Listing data is accessed only through your authorized DDF / API credentials, whether those credentials belong to an individual REALTOR® or an authorized brokerage.
- All listing data and related analysis are isolated per customer and are not pooled across customers.
- We temporarily cache only the minimum listing and analysis data necessary to support platform performance, workflow continuity, and quick recall of your CMA analyses. Cached data is retained for no longer than 30 days, or for any shorter period required by the applicable data licence.
- Cached data is deleted earlier if the listing becomes inactive, your authorization ends, you disconnect your credentials, or deletion is otherwise required by the applicable data licence.
- We do not use listing data to train, fine-tune, or improve machine-learning models. We do not pool listing data across customers. We do not redistribute raw listing data.
- We do not use sold data unless you have separate authorization for sold-data access and such use is permitted by the applicable data licence.
6. Intellectual property
The Service, including its software, design, and content (excluding your data), is owned by James Capital Management Inc. and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own real-estate evaluation purposes. Reports you generate may be shared with your own clients consistent with your plan.
7. Third-party services
The Service relies on third-party providers (including Stripe, Supabase, Anthropic, Google Maps Platform, Resend, and Vercel) and may link to third-party sites. We are not responsible for third-party services or content, and your use of them may be subject to their own terms.
8. No professional advice; accuracy
All valuations, comparable analyses, mortgage figures, and qualification estimates are conservative, model-generated approximations for informational purposes only. They may be inaccurate or incomplete and do not reflect an actual appraisal, offer, or the rates and amounts a lender will extend. You should consult a licensed real-estate professional, mortgage broker, appraiser, lawyer, and/or accountant before making any decision. You are solely responsible for decisions you make using the Service.
9. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that results will be accurate or reliable.
10. Limitation of liability
To the maximum extent permitted by applicable law, James Capital Management Inc. and its directors, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of (or inability to use) the Service. Our total aggregate liability for all claims relating to the Service will not exceed the greater of the amounts you paid us for the Service in the three (3) months preceding the claim, or CAD $50. Nothing in these Terms limits liability that cannot be limited or excluded under applicable law, including certain consumer- protection rights.
11. Indemnification
You agree to indemnify and hold harmless James Capital Management Inc. from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Service, your violation of these Terms, or your violation of any law or third-party right.
12. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required to protect the Service or other users, or as otherwise permitted by law.
Without limiting the foregoing, we may, in our reasonable discretion and without prior notice, suspend, terminate, and permanently bar you from accessing the Service - and decline to provide the Service to you, in whole or in part, in the future - where we determine that you have engaged in fraud, chargeback or refund abuse, payment evasion, or any attempt to access or use the Service without paying the fees due, including circumventing or attempting to circumvent the paywall, usage metering, billing, or account controls, or creating, sharing, or using accounts for that purpose. In any such case, all outstanding fees, overage charges, and metered usage become immediately due and payable, and we reserve all rights and remedies available to us at law or in equity, including the right to recover amounts owed and our reasonable costs of collection.
Where we obtain evidence of misuse of the Service - including fraud, unauthorized access, circumvention of payment, metering, or access controls, prohibited scraping or redistribution, or any other material breach of these Terms or violation of applicable law — we may pursue any and all remedies available to us at law or in equity, including injunctive relief, civil legal action, and the recovery of damages, outstanding fees, and our reasonable legal and collection costs, and may refer the matter to law-enforcement or regulatory authorities. We may preserve, and disclose to such authorities or to affected third parties, relevant account, usage, and transaction records as permitted or required by applicable law.
Provisions that by their nature should survive termination (including Sections 6, 8–11, and 14, and any payment obligations accrued prior to termination) will survive.
13. Changes to the Service or these Terms
We may modify the Service or these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
14. Governing law
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 to the exclusive jurisdiction of the courts located in Alberta for any dispute not subject to binding arbitration or small-claims resolution, except where applicable law gives you the right to bring a claim in your home jurisdiction.
15. Contact
Questions about these Terms? Contact us at team@propertyeval.ca, James Capital Management Inc..
Property Eval is a product of James Capital Management Inc.. Estimates and analyses provided through the Service are informational only and are not an appraisal or financial, legal, or tax advice.