Platform Terms of Use

Appraisaldesk.com LLC d/b/a Appraisal Desk

Effective Date: Upon Your Electronic Acceptance

1. ACCEPTANCE AND ACCOUNT MANAGEMENT

1.1 Agreement

By accessing or using the Appraisal Desk platform ("Platform"), you agree to these Terms of Use ("Terms") and any applicable role-specific service agreements (Lender Service Agreement, Appraiser Service Agreement, AMC Service Agreement, ADD Service Agreement, etc.). These Terms constitute a binding agreement between you and Appraisaldesk.com LLC d/b/a Appraisal Desk ("Company," "we," "us").

1.2 Account Requirements

  • You must be 18+ years old with legal capacity to enter contracts
  • One account per user; no sharing allowed
  • Maintain accurate, current account information
  • Secure your credentials; you're responsible for all account activity
  • Hold necessary licenses for your role in the appraisal industry
  • Use strong, unique passwords updated quarterly

1.3 Electronic Acceptance

Your electronic acceptance of agreements through checkboxes has the same legal effect as a handwritten signature. Role-specific service agreements are incorporated by reference based on your user type.

1.4 Role-Specific Service Agreements

Each user type must accept their applicable service agreement:

  • Lenders must accept the Lender Service Agreement
  • AMCs must accept the AMC Service Agreement
  • Appraisers must accept the Appraiser Service Agreement

These role-specific agreements contain additional binding terms, obligations, and fee structures specific to your user type and are incorporated into these Terms by reference.

2. PLATFORM DESCRIPTION AND LICENSE

2.1 Platform Purpose

The Platform facilitates appraisal orders between lenders, AMCs, ADDs, appraisers, borrowers/sellers, and real estate agents. We provide technology for order management, communication, payment processing, and document distribution. We are a technology facilitator, not a direct service provider or Appraisal Management Company (AMC).

2.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for legitimate business purposes related to real estate appraisal services.

2.3 Restrictions

You may not:

  • Reverse engineer or copy the Platform
  • Attempt unauthorized access
  • Create competing services using our Platform
  • Transmit malware or harmful code
  • Violate laws or regulations
  • Damage our reputation or business
  • Circumvent the Platform to work directly with other users discovered through our service
  • Solicit users to competing platforms
  • Engage in unauthorized brokering of our services

3. COMPREHENSIVE PAYMENT OPERATIONS

3.1 Required Payment Methods

Lenders and AMCs: Must maintain valid ACH-enabled bank account on file. Orders cannot be initiated without verified payment method. You authorize us to initiate ACH debits for all fees.

Service Providers (Appraisers/AMCs): Must link bank account to receive payments through Platform wallet.

3.2 Billing Models and Frequency

Billing Frequency: Platform fees are billed daily or weekly as determined by the Company based on order volume and account activity.

Full Service: We bill borrower/lender for total order amount and distribute funds to AMCs/appraisers after completion.

Fee-Only: We bill lender/AMC for platform fees only; they handle charging for orders and service provider payments separately.

Per-Order Pricing: All platform fees are charged per order. Specific pricing will be discussed individually and uploaded to the Platform for your review and acceptance.

3.3 Integration Fees

Standard Integrations: No setup fees for integrations we currently support.

Custom Integrations: If your requested integration is not currently supported by our Platform, a one-time integration fee of $4,500 will apply. This fee covers development and implementation of the custom integration.

3.4 Authorization for Fund Management

By using the Platform, you expressly authorize us to:

  • Hold funds in transit between parties
  • Maintain custody of funds in platform wallets
  • Process daily or weekly billing for platform fees
  • Initiate ACH debits and credits as necessary for platform operations
  • Establish reserve accounts or holdback amounts for dispute resolution
  • Offset or deduct amounts owed from wallet balances or future payments
  • Collect payments according to your selected billing model
  • Process refunds according to our refund policy
  • Use collection agencies for delinquent accounts

3.5 Wallet and Payouts

  • Service provider payments go to Platform wallet first
  • ACH transfers to your bank available once daily (no fee)
  • Additional payout methods may be offered (fees may apply)
  • Payments processed within 5 business days of order approval
  • Wallet funds during disputes: Disputed amounts may be held pending resolution
  • Unclaimed funds: Wallet funds unclaimed for 365 days may be subject to escheatment laws

3.6 Chargebacks and Disputes

  • You agree to cooperate fully with chargeback investigations
  • We may freeze wallet funds during payment disputes
  • Chargeback losses may be deducted from future payments or wallet balances
  • False chargeback claims may result in immediate termination
  • We reserve the right to establish reserve requirements for high-risk accounts

3.7 Independent Contractor Status

AMCs and appraisers receiving payments are independent contractors with no guaranteed work volume. We issue 1099-NEC for payments exceeding IRS thresholds. You're responsible for taxes.

3.8 Failed Payments and Late Fees

Failed ACH attempts incur $10 fee. Failed payments may result in account suspension and order cancellation. Multiple failures may trigger enhanced verification requirements.

Late Payment Interest: Any amounts not paid when due shall accrue interest at the rate of ten percent (10%) per annum from the due date until paid in full.

You are responsible for all costs associated with failed payments, chargebacks, collection activities, and accrued interest.

3.9 Fee Changes

Platform fees may be modified with 30 days' notice via email or Platform notification. Continued use after the effective date constitutes acceptance of new fees.

4. DATA OWNERSHIP AND USAGE

4.1 Company Ownership

We own all appraisal reports, order data, and platform-generated data, including intellectual property rights. You receive a license to use such data for legitimate business purposes related to the underlying transaction.

4.2 Your Data

You retain ownership of your business information but grant us a worldwide, royalty-free, perpetual, irrevocable license to use it for platform operations.

4.3 Data Sharing

We share data with network participants as needed for order completion, business analytics, and service improvement. Data may be retained indefinitely for business, regulatory, and legal purposes.

4.4 Data Retention Policy

  • Order Data: All order-related data, including appraisal reports and transaction records, will be retained indefinitely but for a minimum of 7 years to comply with the Dodd-Frank Act and other applicable regulations and record keeping requirements.
  • User Account Data: Personal account information may be deleted upon written request, subject to our legal and regulatory obligations
  • Important: Deletion of user account data does not include removal from historical order records, which must be maintained for regulatory compliance
  • Regulatory Compliance: We retain all data necessary to comply with federal and state regulations, including but not limited to the Dodd-Frank Act, USPAP record-keeping requirements, and state appraisal board regulations

4.5 Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary information and use it solely for purposes related to the Platform. This obligation survives termination.

4.6 Data Security and Breach Notification

We implement reasonable security measures to protect data but make no guarantee against data breaches or unauthorized access. You're responsible for maintaining security of your own systems and credentials.

Security Breach Notification: In the event of any actual, suspected, or threatened unauthorized access, acquisition, use, disclosure, or loss of any confidential information or personal data, the affected party will notify the other party in writing within twenty-four (24) hours of discovery of such security breach.

5. NETWORK PARTICIPATION AND QUALITY STANDARDS

5.1 Network Operations

Orders are routed based on availability, expertise, and geography. The company will provide tools for the lender or AMC to facilitate orders, but the order management and network selection will be the sole responsibility of the appraisal desk or AMC. You agree to cooperate with verified network participants per these Terms and applicable laws.

5.2 Prohibited Activities

  • Fraud, misrepresentation, illegal activities
  • Soliciting users to competing platforms
  • Unauthorized brokering of our services
  • Content that's false, harmful, or unprofessional
  • Violating industry standards or regulations
  • Direct communication with appraisers about valuation (for lenders)
  • Attempting to circumvent platform fees or processes

5.3 Quality Standards

All network participants must maintain:

  • Proper licensing and registration
  • Errors and omissions insurance (where applicable)
  • Professional competency and experience
  • Compliance with USPAP and applicable regulations
  • Response time requirements per role-specific agreements

6. PLATFORM MODIFICATIONS AND SERVICE CHANGES

6.1 Right to Modify

We reserve the absolute right to:

  • Modify, suspend, or discontinue any platform feature or service
  • Implement new features or requirements without prior notice
  • Change technical specifications or integration requirements
  • Alter workflow processes or approval procedures
  • Modify API access or third-party integrations

6.2 Service Availability

We target 99.9% uptime during business hours (8:00 AM to 6:00 PM Mountain Time, Monday through Friday), excluding planned maintenance windows. We do not guarantee:

  • Continuous, uninterrupted access outside business hours
  • Maintenance of specific features or functionality
  • Compatibility with your systems or software
  • Preservation of historical pricing or terms

6.3 Notice of Material Changes

Material changes affecting core functionality or pricing will be communicated with reasonable notice when practicable. Emergency changes for security, legal, or operational reasons may be implemented immediately.

7. TECHNOLOGY AND SECURITY

7.1 Platform Requirements

  • Use platform messaging for all order communications
  • Meet response time requirements
  • Follow document upload/download specifications
  • Maintain required file formats
  • Ensure reliable internet connectivity
  • Enable two-factor authentication when available

7.2 Document Management

Documents retained per regulatory requirements. We maintain audit trails for compliance. Digital signatures and electronic acceptances are legally binding.

7.3 Security Requirements

You must:

  • Use strong, unique passwords updated quarterly
  • Report suspected security breaches immediately
  • Maintain current antivirus and security software
  • Protect API keys and integration credentials

7.4 Fraud Investigation Rights

We may:

  • Monitor accounts for suspicious activity
  • Freeze accounts or funds pending investigation
  • Request additional verification or documentation
  • Report suspected fraud to authorities
  • Share information with affected parties or law enforcement
  • Implement enhanced security measures for flagged accounts

7.5 Account Suspension for Security

Immediate suspension may occur for:

  • Suspected unauthorized access
  • Unusual transaction patterns
  • Failed security verifications
  • Reports of compromised credentials
  • Violation of security protocols

7.6 Support Services

We provide:

  • Technical support during business hours
  • Platform training and documentation
  • System status notifications
  • Regular platform updates

8. INTELLECTUAL PROPERTY

8.1 Platform Property

The Platform, including technology, algorithms, interfaces, and documentation, is our exclusive property protected by intellectual property laws.

8.2 Content Rights

You own content created outside the Platform but grant us perpetual, irrevocable license to use any content submitted through the Platform.

8.3 Trademarks

"Appraisal Desk" and related marks are our trademarks. No use without written consent.

9. REGULATORY COOPERATION AND COMPLIANCE

9.1 Regulatory Data Sharing

You acknowledge and consent that we may:

  • Share your data with federal, state, or local regulators
  • Provide transaction records for regulatory audits
  • Report suspicious activities as required by law
  • Comply with subpoenas, court orders, or regulatory demands
  • Maintain records per regulatory retention requirements

9.2 User Audit Cooperation

You agree to:

  • Cooperate with platform-initiated audits or reviews
  • Provide requested documentation within specified timeframes
  • Allow access to records related to platform transactions
  • Participate in regulatory examinations affecting the platform
  • Maintain compliance documentation per industry standards

9.3 Suspension for Regulatory Issues

We may suspend or restrict accounts:

  • During regulatory investigations
  • For failure to maintain required licenses
  • Upon notice of regulatory violations
  • Pending resolution of compliance issues
  • At regulator request or direction

9.4 Your Compliance Obligations

You're solely responsible for compliance with all applicable laws, regulations, and licensing requirements, including but not limited to:

  • Federal appraisal independence requirements
  • Consumer protection laws
  • Fair lending practices
  • State and local regulations
  • Industry standards and guidelines
  • Dodd-Frank Act requirements

9.5 Mutual Warranties

Each party warrants that:

  • It has authority to enter into this agreement
  • Its execution and performance won't violate other agreements
  • It will comply with all applicable laws and regulations

9.6 User Warranties

You warrant that:

  • You hold all necessary licenses and registrations
  • Information provided to us is accurate and complete
  • You'll use the Platform only for legitimate business purposes

10. LIABILITY DISCLAIMERS AND LIMITATIONS

10.1 Service Disclaimers

Important: We provide technology platform services only. We assume zero liability for:

  • Quality, accuracy, or timeliness of appraisal services
  • Actions or omissions of AMCs or appraisers
  • Compliance with appraisal standards or regulations
  • Loan underwriting or lending decisions based on appraisals
  • Third-party services or content

10.2 Platform Disclaimers

The platform is provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.3 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost business opportunities, or regulatory penalties, even if advised of the possibility of such damages.

10.4 Time Limitation for Claims

Any claims against us must be brought within one (1) year of the event giving rise to the claim.

11. INDEMNIFICATION

11.1 Your Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform or Terms violations
  • Your violation of these Terms or applicable laws
  • Your content or data
  • Your relationships with third parties
  • Loan transactions or business decisions you make
  • Your professional services or advice
  • Tax obligations or reporting failures
  • Legal or regulatory violations

11.2 Our Indemnification

We agree to indemnify you for direct damages caused by our gross negligence or willful misconduct in providing Platform services.

12. TERMINATION

12.1 Termination Rights

Your Right: Terminate anytime with written notice.

Our Rights: We may terminate:

  • At any time with 30 days written notice
  • Immediately for material breach uncured after 10 days notice
  • Immediately if you become insolvent or bankrupt
  • Immediately for Terms violations
  • Immediately for non-payment or payment failures
  • Immediately for fraudulent or illegal activity
  • Immediately for regulatory compliance failures
  • Immediately for security breaches or attempts
  • Immediately for material misrepresentations

12.2 Effect of Termination

Upon termination:

  • Your access ceases immediately
  • Pending orders may be cancelled or reassigned at our discretion
  • Payment obligations for completed work survive and/or must be paid or remedied.
  • Wallet funds paid out after deducting amounts owed
  • You have 30 days to download your business data (excluding order data)
  • Confidentiality, liability, and indemnification provisions survive

12.3 Post-Termination Data Handling

  • Order Data: Remains in our system indefinitely per regulatory requirements
  • User Account Data: May be anonymized or deleted after 30 days, except as required for regulatory compliance
  • No deletion of order history: Historical order records, appraisals, and transaction data will not be deleted

12.4 No Refunds

Termination does not entitle you to refunds of fees paid, except as required by law.

12.5 Post-Termination Obligations

These sections survive termination:

  • Payment obligations
  • Indemnification provisions
  • Intellectual property rights
  • Confidentiality obligations
  • Dispute resolution procedures
  • Data ownership and licensing

13. DISPUTE RESOLUTION

13.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt resolution through good faith negotiations for 30 days.

13.2 Binding Arbitration

If negotiation fails:

  • Binding arbitration through American Arbitration Association
  • Commercial Arbitration Rules apply
  • Single arbitrator unless amount exceeds $250,000
  • Arbitration location: Salt Lake City, Utah
  • Attorney's Fees: The prevailing party in any arbitration or legal proceeding shall be entitled to recover reasonable attorneys' fees, costs, and expenses from the non-prevailing party

13.3 Exceptions to Arbitration

Either party may seek injunctive relief in court for:

  • Intellectual property violations
  • Breach of confidentiality
  • Unauthorized access or use

13.4 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTIONS, OR CONSOLIDATED PROCEEDINGS.

13.5 Governing Law

These Terms are governed by Utah law without regard to conflict of law principles. Exclusive jurisdiction in Salt Lake County, Utah courts for matters not subject to arbitration.

14. GENERAL PROVISIONS

14.1 Privacy Policy

Our Privacy Policy (incorporated by reference) governs data collection and use. By using the Platform, you consent to data practices described in the Privacy Policy.

14.2 Modifications to Terms

We may modify these Terms with 30 days' notice via Platform notification or email. Material changes may require re-acceptance. Continued use after the effective date constitutes acceptance.

14.3 Communications

You consent to receive electronic communications from us via:

  • Platform notifications
  • Email to your registered address
  • SMS to provided phone numbers (with your consent)
  • Posted notices on the Platform

14.4 Entire Agreement

These Terms, together with role-specific service agreements and our Privacy Policy, constitute the entire agreement between parties, superseding prior agreements.

14.5 Severability

If any provision is deemed unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that's not possible, severed from these Terms.

14.6 No Waiver

Our failure to enforce any right or provision is not a waiver. Waivers must be in writing and signed by an authorized representative.

14.7 Assignment

You cannot assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.

14.8 Force Majeure

Neither party liable for delays or failures due to circumstances beyond reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.9 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. You're an independent contractor with no authority to bind us.

14.10 Notices

  • Notices to us must be sent to [email protected]
  • Notices to you will be sent to your registered email
  • Notices effective upon receipt or 72 hours after sending, whichever is earlier

14.11 Contact Information

Appraisaldesk.com LLC d/b/a Appraisal Desk
13894 South Bangerter Parkway, STE 200
Draper, UT 84020

For legal notices: [email protected]
For support: [email protected]
For billing: [email protected]

ELECTRONIC ACCEPTANCE

By checking the "I Agree" box and clicking "Accept" or by using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including all applicable role-specific service agreements. Your electronic acceptance has the same legal force and effect as a handwritten signature.

Last Updated: September 2025
Version: 3.1