Terms of Service

Last updated: February 15, 2025

Please read these Terms of Service ("Terms") carefully before using the website https://www.myperch.ai, including the mobile application (the "Service") operated by Perch AI Inc. ("us", "we", or "our"). We are using technology to disrupt and improve how users buy and make decisions on property investments.

The data collected by our Google Chrome Extension complies with the Google Chrome Web Store Program Policies and the User Data FAQ. Our Privacy Policy provides information on how we collect, use, disclose, and share data.

We will provide a prominent disclosure, such as a pop-up or banner if we collect information that is not directly related to the extension's core functionality. All personal and sensitive information collected from users through this extension will be encrypted using HTTPS, WSS, or other appropriate encryption methods.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the Terms, you may not access the Service.

For the Terms, a user could be a home buyer or an agent. A homebuyer is anyone looking to buy a home, and an agent is a state-licensed real estate agent.

We offer verification services to confirm the authenticity of real estate agent licenses. During the onboarding process, agents are requested to provide their license information. Agents may utilize our services as "Unverified Members" while the license verification process is pending. Upon completing the verification process, the agent will be notified via email. Successfully verified agents will be designated as "Verified Members" and awarded a "Verified" Badge on their profile, signifying their verified licensed status to other users.

1. Age Eligibility and Legal Capacity

The Services are not intended for access or use by children. We may refuse or continue offering the Services to any person and may change its eligibility criteria.

You must be at least 21 years of age to use the Services. If you are under 21, you may not use the Services under any circumstances or for any reason. We will not knowingly collect information from anyone under the age of 21. If the applicable law in the country or state in which you are using the Services requires that you be older than 21 to use the Services, then you must be at least the minimum age legally defined for such country or state to use the Services.

2. Account Creation

Users may create accounts on our platform through the following methods:

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

3. Accuracy of your information

You warrant that any information you submit to us through the Services, including as part of your account creation and engagement in activities in the Services, is truthful, accurate, and current. You take sole responsibility for the ongoing accuracy of such information.

If we believe your information is not truthful, accurate, or current, we shall be entitled to terminate, suspend, or refuse you access to the Services.

4. Invitation only access

We may, at our sole discretion, limit access to the Platform to an invitation-only basis. This means that users may only access the Platform if they have been specifically invited by us or an existing user with appropriate invitation privileges.

We reserve the right to determine the criteria for issuing invitations, including but not limited to, industry affiliation, professional qualifications and referral from existing users. Invitations may be issued through various means, including email, in-app notifications or other communication channels. Users who receive invitations must accept them to gain access to our platform.

Users who access the platform without a valid invitation may have their access restricted or terminated. We reserve the right to take any other action it deems necessary to address unauthorised access, including legal action.

5. Disclaimer regarding AI-Generated Reports

The information provided in the reports is generated by Artificial Intelligence ("AI") and is intended for informational purposes only. The AI system is developed and trained with a focus on mitigating bias and discrimination. This includes utilizing diverse and representative datasets that are free from bias and discrimination, implementing algorithms that are designed to be fair, equitable and free from bias and conducting regular audits and assessments to identify and address any potential biases in the AI system's outputs.

AI generated reports do not account for contingent scenarios, such as inspection results, financing approvals or outcome of negotiations. The report does not include specific financial terms, such as mortgage stipulations, escrow arrangements, late payment penalties or property condition reports and inspection findings. The data generated by AI can assist users in comparing and contrasting different options and customising their choices. However, it is the sole responsibility of the user to ensure that the chosen options align with their individual preferences, financial situations and specific needs.

The AI generated report is provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or accuracy.

Users are solely responsible for:

The AI generated content is for informational purposes only and should be reviewed and edited by the professionals. The AI may not always accurately reflect the true nature of the property or the surrounding neighbourhood. It is the responsibility of the real estate agent to ensure the accuracy and completeness of all information provided in the listing. This platform does not provide legal, financial or investments advice and users should consult with appropriate professionals as needed, to adequately address your specific needs to suit specific context and requirements, legal and otherwise.

6. Purchases

If you wish to purchase any service we have made available ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your name, address and credit card information.

7. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring term.

8. Free Trial or Demo Offer

Before entering into a paid subscription, users may be eligible for a free trial or demo period ("Trial Period") on the platform.

The trial period allows users to evaluate the platform and ensure it meets their expectations before committing to a paid subscription. The availability and specific terms of the trial period may vary and are subject to change at our discretion. We reserve the right to modify or discontinue the trial period at any time without prior notice.

9. Testimonial and Review Sharing

At our discretion, we may collect and publish testimonials and reviews from users, including buyers and real estate agents, on a designated page on the company website or other marketing materials.

Publishing testimonials and reviews do not constitute an endorsement or guarantee of any product or service.

10. Property Lifecycle Management and AI Utilisation

The platform facilitates several key stages of the property lifecycle, including:

The platform utilizes AI technologies to:

11. AI-Powered Property Search Functionality

The platform utilises AI algorithms to enhance the property search experience for both buyers and real estate agents:

For Buyers:

For Real Estate Agents:

12. AI role in property management

AI technologies may be utilised within the platform for the following purposes:

13. Limitation on AI use for tenant support

AI powered chatbots or virtual assistants shall not be used to handle tenant inquiries, schedule repairs or provide tenant support services. Tenant interactions requiring human judgment, empathy or the ability to address complex or nuanced issues shall be handled by qualified human personnel.

14. Limitation on AI use for property management decisions

AI algorithms shall not be used to:

This clause does not prohibit the use of AI for:

All decisions regarding property management, including pricing and property improvements, shall ultimately be made by qualified human personnel with appropriate expertise and experience.

15. Chats

You may send us messages using the chat option listed on the website. You undertake that you have all necessary rights and consents to send any messages to us and you agree that we will be entitled to assume that any information, ideas or other materials that you provide to us as part of any messages will not be confidential or proprietary.

Please send a message to us via this website or otherwise. In that case, you grant us the right to read, use, distribute, disclose, and otherwise handle the message and any related information as we deem appropriate in our sole judgment. Without prejudice to the foregoing, we may disclose any such message and any related information, whether in whole or in part, to any of our investors or partners who shall be entitled to read, use, distribute, disclose or otherwise handle the same as they see fit in their sole discretion.

16. User Conduct and Prohibited Activities

The User agrees to use the Services only for lawful purposes. The User shall not use the Services in any manner that:

The following activities are strictly prohibited on the platform:

The Services are provided solely for the User's business purposes for integration with the User Applications. User will not, in whole or in part: (i) modify, copy, disclose, alter, translate or create derivative works of the Services; (ii) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services (provided, that integration of the Services in User Applications in accordance with this Agreement will not constitute a violation of this subsection); (iii) decompile, disassemble, decode, translate, or reverse engineer the Services or otherwise attempt to learn the source code, structure, algorithms, or internal ideas underlying the Services or reduce the Services by any other means to a human-perceivable form; (iv) copy, frame or mirror any part or content of the Services; (v) access the Services in order to build a competitive product or service; (vi) overburden the Services (including, without limitation, making excess API calls) or interfere with or disrupt the integrity or performance of the Services or input, upload, transmit, or otherwise provide any harmful code to or through the Services; (vii) use any data mining, robots, or similar data gathering or extraction methods; (viii) attempt to gain unauthorized access to the Services or its related systems or networks or exceed any User limitations or other restrictions set forth in this Agreement with respect to the Services (including, without limitation, restrictions with respect to API calls); (ix) disclose to any third party any performance information or analysis relating to the Services; (x) remove, alter, or obscure any proprietary notices in or on the Services; (xi) combine or integrate the Services with any software, technology, services, or materials not authorized by us; (xii) design or permit any User Applications to disable, override, or otherwise interfere with any of our -implemented communications to end users, consent screens, user settings, alerts, warning, or the like; (xiii) attempt to cloak or conceal User's identity or the identity of any User Applications when requesting authorization to use our APIs; (xiv) use the Services in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities; or (xv) attempt any of the foregoing or cause or permit any individual or entity to do any of the foregoing. User will neither assert, nor authorize, assist or encourage any third party to assert, against any of our affiliates, any patent infringement or other intellectual property rights infringement claim regarding the Services.

The User acknowledges that the Services may be subject to change or discontinued at any time without prior notice. Violation of these prohibited activities may result in (a) immediate suspension or termination of the User's account (b) initiation of legal proceedings against the User, including but not limited to civil and criminal actions and (c) imposition of other remedies as permitted by law, including but not limited to fines, penalties and injunctive relief.

The User agrees to comply with all applicable terms and conditions of the Services, as may be updated from time to time.

17. Intellectual Property and other proprietary rights

We use AI as our proprietary algorithm to provide our Services. We have exclusive rights to modify and utilize the algorithm. Third parties may be offered access to such an algorithm, in which case we may opt to grant an intellectual property license for a fee, and such third parties shall be restricted to replicate or modify the algorithm. All the data generated by the usage of such an algorithm belongs to us.

Except as otherwise noted in this website, the content on this website, including but not limited to, charts, data analytics reports, market data, and the trademarks, logos, photos, descriptions, graphics, icons, other original material, and the overall appearance of this website, is our property and should not be reproduced or used without our prior written consent.

The Services and all content and materials created by us and made available via the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and we and our licensors shall own and retain all rights, title, and interests, including all intellectual property and proprietary rights therein and thereto.

You may not sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of the Services, its content and/or any materials.

Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited.

18. Content

Our Service provides certain information, text, graphics, videos or other material ("Content").

19. User Generated Content

Users are solely responsible for the content they generate using the AI tools and the Services. We do not endorse, control or guarantee the accuracy, completeness, reliability or legality of any User Generated Content.

We do not assume any liability for any User Generated Content, including but not limited to, any claims of infringements, defamation, libel, invasion of privacy or any other harm resulting from User Generated Content.

Users agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, costs and expenses, including attorney's fees, arising out of or relating to any User Generated Content, including but not limited to claims of infringement, defamation, libel, invasion of privacy or any other harm resulting from User Generated Content.

20. Disclaimer

This website and all the Content is provided "as is", "as available" and for information only and without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties are hereby excluded to the fullest amount permissible by law. Without prejudice to the foregoing, we and our service providers do not give and hereby expressly exclude any and all warranties, representations, undertakings, guarantees or other terms relating to the accuracy, completeness, reliability or fitness for a particular purpose of any materials or information contained on the website. We and our service providers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement. We and our service providers make no warranty that the Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure or error free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal or safe.

We cannot guarantee that information, during transmission through the internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others. We assume no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, hardware or network failure, theft or destruction or unauthorised access to, or alteration of, any content. You understand that if you download any material, you do so at your sole risk. We do not warrant or make any representations regarding the use of the results of the use of any Content on the Services or Services in terms of their correctness, accuracy, reliability or otherwise.

21. Link to other websites

Our Services may contain links to third party websites or services that might not be owned or controlled by us. We do not have control over, and no responsibility for the content, privacy policies or practices of any third party websites or services.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us. If you choose to access a website beyond our control, you do so at your own risk.

22. Indemnity

Unauthorised use of any information or material contained in the website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communication statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to indemnify and hold us and our affiliates, officers, directors, employees, contractors and or agents harmless, including costs and reasonable attorneys' fees, from any claim or demand made by any third party due to or arising from (A) your use of the Services or Content, (b) your content (c) your violation of these Terms; or (d) your violation of applicable laws or regulations.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

We will not be party to any legal proceedings between parties contracted through these Services. In case we are sought to be implicated in any legal proceedings, costs will be recovered from the party that names us as a party to such proceedings. We shall abide with any court order served on it through due process.

23. Limitation of Liability

We will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Services, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of user's data/information. We shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any user or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, our performance obligation as a service provider is to provide access to Services on-line to the User for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon us.

We will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the User to us which is placed on the website by technical or any other means is not our responsibility and we do not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on our website or any of our other websites / domains owned and operated by us.

24. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days' notice to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your use of the Services will be deemed as irrevocable acceptance of any revisions. If you do not agree to a change, you must stop using the Services.

We may modify, add to, suspend or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances or otherwise modifies the Services is subject to these Terms.

25. Termination

We may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to our Services, or any part thereof, for any reason, including, without limitation, that we, based on our judgment and perception, believe that you have violated or acted inconsistently with the letter or spirit of these Terms or any applicable law. We may, in our sole discretion, delete any User Generated Content, User data and any other information associated with the User's content. We have no obligation to preserve any User-Generated Content, User data or any other information associated with the User's account.

26. Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of its right to enforce such right or provision subsequently.

27. Severability of provisions

These Terms between us and you govern your use of our Services. If any provision of this Terms or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms.

28. Arbitration

If any dispute arises between us and a User arising out of the use of website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party. The arbitrator's decision shall be final and binding on both parties to the dispute.

If the parties cannot agree on an arbitrator within ten (10) days of the initiation of arbitration, the arbitrator shall be appointed in accordance with the rules of the Delaware Rapid Arbitration Act.

The place of arbitration shall be state of Delaware. The provisions of the Delaware Rapid Arbitration Act (10 Del. C. ยงยง 5801 et seq.) and the rules adopted thereunder shall govern the arbitration proceedings. The Parties agree that all aspects of the arbitration proceedings shall be kept confidential unless law requires disclosure. Each party shall bear its own costs and expenses associated with the arbitration; however, the costs of the arbitrator and any administrative fees shall be shared equally unless otherwise determined by the arbitrator. The parties agree that no arbitration shall proceed on a class action basis, and any claims must be brought individually.

29. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Delaware. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms or use of Services shall be in the state of Delaware.

If we become aware of an inappropriate use of our Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet. We reserve all other rights.

30. Privacy

In connection with your access to or use of the Services, we may obtain information from or about you. Any personal data that we do collect will only be used in accordance with our Privacy Policy.

31. Contact Us

In case, you have any complaints and/or grievances or if you have any questions about these Terms or if you want to report any violations of these Terms with us, please contact us by email at [email protected].