Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Malama Funding LLC, doing business as RaiseAppraisal.com (“RaiseAppraisal,” “we,” “us,” or “our”), governing your access to and use of the RaiseAppraisal website, software, and services (the “Service”).

By creating an account, subscribing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an entity (such as a brokerage, lender, or AMC), you represent that you have authority to bind that entity, and “you” includes that entity.

You must be:

• At least 18 years old
• A resident of the United States
• Legally capable of entering into a binding agreement

The Service is not available outside the United States. We do not knowingly provide service to anyone under 18.

3.1 What We Provide

RaiseAppraisal is software that helps users prepare a Reconsideration of Value (ROV) request for submission to a lender, Appraisal Management Company (AMC), or appraiser. We:

• Read uploaded appraisal PDFs and extract their data
• Identify potential issues you may want to raise in an ROV
• Suggest alternative comparable sales for the appraiser's consideration
• Generate ROV documents for you to review and submit through your lender's standard process

3.2 What We Are NOT

We are not, and we do not act as:

• A licensed appraiser
• An Appraisal Management Company (AMC)
• A lender, broker, or party in the mortgage transaction
• Your representative in the appraisal process
• A direct communication channel with appraisers

We do not:

• Provide appraisals, valuation opinions, or values
• Communicate directly with appraisers, AMCs, or lenders on your behalf
• Submit any documents to anyone — you do that yourself
• Guarantee any specific outcome

See our USPAP & Appraiser Independence Statement and Software-Tool / Not-an-AMC Position Statement (internal positioning) for more details.

3.3 AI Assistance

The Service uses artificial intelligence (Anthropic Claude and Google Gemini) to extract data and generate documents. AI may make mistakes. You are responsible for reviewing every generated document for accuracy before submitting it to any third party. See our AI Disclosure & Responsible Use Policy.

4.1 Plans

We offer three subscription tiers:

4.2 Free Trial

New subscribers may receive a 3-day free trial. At the end of the trial, your selected plan automatically begins and your card is charged. Cancel anytime during the trial to avoid charges.

4.3 Auto-Renewal

Your subscription auto-renews monthly (or annually if selected) at the then-current rate until you cancel. We will email a confirmation when you subscribe and a renewal reminder before each annual renewal (per California ARL).

4.4 Cancellation

Cancel anytime in under 60 seconds by going to Account Settings → Subscription → Cancel Subscription. We do not require phone calls, emails to support, or interaction with retention agents.

4.5 Refunds

Subscription fees are non-refundable for partial periods or unused ROVs. When you cancel, you keep access through the end of your paid period. We do not refund based on ROV outcome.

We may issue discretionary refunds for billing errors or service failures. Contact billing@raiseappraisal.com.

4.6 Detailed Subscription Policy

For complete subscription terms, see our Subscription Terms & Auto-Renewal Policy.

You agree not to use the Service to:

• Submit fraudulent, misleading, or fabricated comparable sales data
• Inflate or coerce a property valuation through false statements
• Violate any law, including fair lending, fair housing, anti-discrimination, or appraisal-related laws
• Use the Service in a transaction where you have an undisclosed conflict of interest
• Share, sell, or otherwise transfer your account access to anyone else
• Reverse-engineer, decompile, or attempt to derive the source code of the Service
• Use the Service to automate any process not expressly permitted by us
• Use the Service to harass, defame, or threaten any person, including any appraiser, AMC, or lender
• Generate content that violates anyone's intellectual property rights
• Attempt to gain unauthorized access to any account, system, or data
• Interfere with the Service's operation or security

For the complete acceptable use policy, see Acceptable Use Policy.

6.1 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs through your account
• Notifying us promptly of any unauthorized account access

6.2 Your Data

You retain ownership of the documents and data you upload to the Service. By uploading, you grant us a limited license to process that data in order to provide the Service to you.

6.3 De-Identified Data License

You grant us a perpetual, worldwide license to use de-identified data derived from your uploads to improve our software, algorithms, and AI models. De-identified means we have applied the HIPAA Safe Harbor de-identification standard (45 CFR §164.514(b)(2)) — removing your name, address, loan number, and 16 other categories of identifiers.

You may opt out of this de-identified data use at any time in your account settings. Opting out does not affect previously de-identified data; it prevents future de-identified retention.

6.4 Privacy

Our handling of your personal data is governed by our Privacy Policy.

7.1 Our Property

The Service, including all software, algorithms, designs, AI models, prompts, document templates, and trademarks, are owned by us or our licensors. These Terms do not grant you any rights to our intellectual property except the limited license to use the Service.

7.2 Generated Documents

Documents generated by the Service for you, based on data you provided, are yours to use as you wish for your ROV submission. You may not:

• Resell or redistribute generated documents as a service to third parties
• Use generated documents in any service competing with RaiseAppraisal
• Strip our disclaimers, AI disclosures, or footers from generated documents before sharing them

7.3 Feedback

If you provide feedback or suggestions about the Service, we may use them without obligation to you.

You agree to indemnify, defend, and hold harmless RaiseAppraisal, its officers, employees, and agents from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of:

• Your violation of these Terms
• Your violation of any law or third-party right
• Your submission of fraudulent or misleading comparable sales data
• Any claim by an appraiser, AMC, lender, or other third party arising from your use of generated documents
• Any unauthorized use of your account

9.1 As-Is Service

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Outcome Guarantee

WE DO NOT WARRANT OR GUARANTEE:

• That any appraisal value will be increased
• That any ROV will be accepted by the lender, AMC, or appraiser
• That the Service will be uninterrupted, timely, secure, or error-free
• The accuracy or completeness of any AI-generated content
• That any specific time savings will result from using the Service (time-savings claims describe a typical user experience compared to manual ROV preparation; individual results vary)

9.3 No Professional Advice

The Service does not provide appraisal services, legal advice, financial advice, or any other professional advice. Consult a qualified professional for advice specific to your situation.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RAISEAPPRAISAL BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL
• DAMAGES ARISING FROM ANY APPRAISAL OUTCOME, LOAN DENIAL, OR OTHER THIRD-PARTY DECISION
• DAMAGES ARISING FROM AI-GENERATED CONTENT IN ANY DOCUMENT YOU SUBMIT
• DAMAGES ARISING FROM ANY APPRAISER, AMC, OR LENDER'S RESPONSE TO AN ROV SUBMISSION

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM
• $100 USD

These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages, so some of these may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, our liability is limited to the smallest amount permitted by law.

11.1 Termination by You

You may terminate your account by cancelling your subscription. See Section 4.4.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraud, abuse, or illegal activity
• Fail to pay subscription fees after the dunning sequence completes
• Submit fraudulent comparable sales data
• Pose a security risk to the Service or other users

We may also terminate the Service generally with reasonable notice (at least 30 days for paying subscribers).

11.3 Effect of Termination

Upon termination:

• Your access to the Service ends
• Generated documents remain available for download for 90 days, then may be deleted
• Account data is retained per our Data Retention Schedule (internal policy document)
• Sections that should naturally survive termination do (e.g., disclaimers, limitation of liability, indemnification, dispute resolution)

We do not provide a service level agreement (SLA) for Basic or Pro tier subscribers. The Service is provided as-is and may experience downtime, delays, or errors.

For Enterprise tier customers, SLA terms may be negotiated as part of a separate Master Services Agreement (MSA).

We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Your continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

If you do not agree to a change, you may cancel your subscription before the effective date with no penalty.

14.1 Agreement to Arbitrate

You and RaiseAppraisal agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms
• Your use of the Service
• Any violation of these Terms

will be resolved by binding individual arbitration rather than in court, except as set forth below.

14.2 Exceptions to Arbitration

The following are NOT subject to arbitration:

• Small claims: Claims that qualify for small claims court (under $10,000 in most jurisdictions) may be brought in small claims court if the claim remains in that court.
• Intellectual property claims: Either party may seek injunctive relief in a court of competent jurisdiction for misappropriation of intellectual property.
• Public injunctive relief: Per California law, claims for public injunctive relief may be brought in court.

14.3 How Arbitration Works

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules. The arbitration will take place in Los Angeles County or San Francisco County, California, or via video, at the parties' agreement.

The arbitrator's decision is final and binding. Either party may enforce the arbitrator's decision in any court of competent jurisdiction.

14.4 Class Action Waiver

YOU AND RAISEAPPRAISAL EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS, NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

Neither party may join or consolidate claims with those of any other person. The arbitrator may not preside over a class, collective, or representative proceeding.

If a court determines that this class action waiver is unenforceable in whole or in part with respect to a particular dispute, the unenforceable portion may proceed in court (rather than arbitration), but the rest of this Section 14 still applies to all other disputes.

14.5 Opt-Out

You may opt out of this arbitration agreement by sending us written notice at legal@raiseappraisal.com within 30 days of first agreeing to these Terms. Your notice must include your name, account email, and a statement that you reject arbitration. If you opt out, the rest of these Terms still apply.

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

For claims that are not subject to arbitration, the parties consent to exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Subscription Terms, and any other policies referenced, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

16.3 No Waiver

Our failure to enforce any right or provision will not be deemed a waiver of that right.

16.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms to any successor entity (e.g., as part of a merger or acquisition).

16.5 Force Majeure

Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.7 Notices

We may provide notices to you by email to the address on your account, by posting to the Service, or by another reasonable method. You may provide notices to us by email to legal@raiseappraisal.com or by mail to the address below.

Entity

RaiseAppraisal.com (Malama Funding LLC)

Support

support@raiseappraisal.com

Legal questions

legal@raiseappraisal.com

Billing

billing@raiseappraisal.com

Mail

[Malama Funding LLC mailing address]

See also: Privacy Policy · Subscription Terms & Auto-Renewal Policy · Acceptable Use Policy · USPAP & Appraiser Independence Statement · AI Disclosure & Responsible Use Policy