Terms of Service
Last updated: June 29, 2026
These Terms of Service ("Terms") are a binding agreement between you and CapScout, a sole proprietorship operated by [OPERATOR LEGAL NAME] ("CapScout," "we," "us," or "our"), governing your access to and use of the CapScout websites, applications, and services (together, the "Service"). By creating an account, clicking "I agree" or "Create account," or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy and Disclaimers, which are incorporated by reference. If you do not agree, do not use the Service.
These Terms contain a binding arbitration agreement and a class-action waiver (Section 16) that affect your legal rights. Please read them carefully.
1. The Service
CapScout provides software tools that analyze real estate listings and markets, including automated, AI-generated underwriting analysis and "Buy / Watch / Pass" signals, scores, deal-modeling calculators, neighborhood and market data, comparable-property data, suggested negotiation targets, and report and document exports. The Service is an informational and educational software tool. Outputs are estimates and signals, not advice, appraisals, or guarantees. See Sections 9–10 and our Disclaimers.
2. Eligibility
You must be at least 18 years old and able to form a binding contract. The Service is intended for real estate investors, agents, and professionals; it is not directed to children, and we do not knowingly collect personal information from anyone under 13. You represent that the information you provide is accurate and that you will keep it current.
3. Accounts and security
You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use. You may not share, sell, or transfer your account, and you may not access the Service through automated means except as we expressly permit.
4. Not financial, investment, legal, tax, or brokerage advice
CapScout is a software tool. It is not an investment adviser, broker-dealer, real estate broker or agent, appraiser, lender, attorney, or tax professional, and it does not provide financial, investment, legal, tax, accounting, appraisal, or real estate brokerage advice. No fiduciary, advisory, agency, or professional-client relationship is created by your use of the Service. The Service applies general, automated methods to third-party and public data; it does not account for your full financial circumstances and is not a recommendation to buy, sell, finance, or hold any property. Scores, signals, "Buy / Watch / Pass" labels, target prices, and projections are algorithmic estimates that may be incomplete or inaccurate. You are solely responsible for your decisions. You should perform your own due diligence — including independent inspection, appraisal, title, legal, financing, and tax review — and consult qualified, licensed professionals before entering into any transaction.
5. No guarantee of results
Real estate investing involves substantial risk, including the risk of loss. We do not guarantee any particular result, return, profit, valuation, rent, resale price, financing outcome, or investment performance. Past performance and projected figures are not indicative of future results, and actual results will vary.
6. Estimates and third-party data
Property, market, rent, value, comparable, neighborhood, demographic, flood, and appreciation data are obtained from third-party and public sources (including RentCast, FEMA, the U.S. Census Bureau, and FHFA) and from automated valuation and estimation models. This information is provided "as is," is deemed reliable but is not guaranteed, and may be inaccurate, incomplete, or out of date. Automated value, rent, ARV, and similar estimates are starting points for your own analysis — they are not appraisals and may not be used in place of an appraisal by a licensed appraiser or the in-person judgment of a licensed professional. We do not independently verify third-party data and are not responsible for it.
7. AI-generated output
Portions of the Service ("ScoutSense" analysis, summaries, signals, narratives, negotiation suggestions, and similar features) are generated by automated systems and artificial-intelligence models, including third-party AI providers. AI output can be wrong, incomplete, biased, outdated, or misleading, and may produce different results for similar inputs. AI output is provided for informational purposes only, is not reviewed by a licensed professional, and must not be relied upon without independent verification. You are responsible for evaluating the accuracy and suitability of any AI output before acting on it.
8. Fair housing and non-discrimination
CapScout supports equal housing opportunity. The Service is designed to evaluate properties on financial and market fundamentals, not on the protected characteristics of the people who live in an area. You may not use the Service, or any output of the Service, to make or assist any decision about the rental, sale, financing, or availability of housing to any person — including tenant, applicant, or buyer selection — or to discriminate against, steer, or treat any person differently on the basis of race, color, religion, sex, familial status, national origin, disability, sexual orientation, gender identity, source of income, or any other characteristic protected by the Fair Housing Act or applicable federal, state, or local law. If you are a licensed real estate professional, you remain solely responsible for complying with the Fair Housing Act, your license obligations, and any applicable code of ethics (including the NAR Code of Ethics). Additional obligations apply to agents and teams under our Agent & White-Label Terms.
9. Acceptable use
You agree not to: (a) reverse engineer, decompile, disassemble, or attempt to derive source code or underlying models; (b) scrape, crawl, harvest, or bulk-extract data or outputs except as expressly permitted; (c) resell, sublicense, redistribute, or expose the Service, its data feeds, or any underlying third-party API to others (including as a public API or embeddable widget) except as expressly permitted in writing; (d) use the Service to build or assist a competing product; (e) remove or alter proprietary notices; (f) interfere with, overload, or circumvent the security, rate limits, or access controls of the Service; (g) upload unlawful, infringing, or harmful content; or (h) use the Service in violation of any applicable law, including real estate, fair housing, consumer-protection, privacy, anti-spam, or data laws. You are responsible for any data, branding, notes, or other content you submit, and you represent that you have the rights to it.
10. Documents and the Offer / Letter of Intent tool
Any offer letter, letter of intent, report, or other document the Service helps you generate is a non-binding template for your convenience. It is not legal advice, not a contract, and not a binding offer, and it has not been reviewed by an attorney. Binding purchase agreements and offers are state-specific legal instruments; have any document reviewed by your own counsel before use. You are responsible for the accuracy of the terms you enter and for how you use any document you generate.
11. Credits, billing, and renewals
The Service is metered in credits (each credit is a unit of access we set). New accounts may receive a one-time free credit grant. Additional credits are available as one-time packs or as recurring subscriptions, and team plans are billed per seat. Payments are processed by our payment processor (Stripe); by purchasing, you also agree to the processor's terms.
One-time pack credits do not expire; recurring-subscription credits are issued per billing cycle and do not roll over. Recurring subscriptions and team plans automatically renew, and any free trial automatically converts to a paid plan, until you cancel. Renewal price, billing frequency, and the fact of automatic renewal are disclosed at checkout, and your purchase is your affirmative consent to recurring charges. You may cancel at any time through your account billing settings; cancellation takes effect at the end of the then-current billing cycle. Prices may change prospectively on notice. Except where required by law, all payments are final and non-refundable, and credits already granted or consumed are non-refundable. Our refund handling and cancellation steps are described at checkout and in your account.
12. Your content and feedback
You retain ownership of the content you submit (such as notes, criteria, contacts, and branding assets). You grant us a worldwide, non-exclusive, royalty-free license to host, process, display, and use that content as needed to operate and improve the Service and as described in our Privacy Policy. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
13. Intellectual property
The Service, including its software, models, design, and content (excluding your content and third-party data), is owned by CapScout and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal business or personal investment purposes, subject to these Terms. All rights not expressly granted are reserved.
14. Third-party services
The Service relies on and links to third-party services and data sources. We are not responsible for third-party services, their availability, or their content, and your use of them may be governed by their own terms.
15. Disclaimer of warranties
THE SERVICE, ALL OUTPUTS, AND ALL DATA ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPSCOUT AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DATA, ESTIMATE, SCORE, OR PROJECTION IS ACCURATE OR RELIABLE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE SERVICE AND ANY DECISIONS YOU MAKE BASED ON IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPSCOUT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST INVESTMENTS, LOST DATA, LOST OPPORTUNITY, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY. CAPSCOUT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Nothing in these Terms limits liability that cannot be limited by law (such as for fraud, willful misconduct, or, where applicable, gross negligence or personal injury). Some jurisdictions do not allow certain limitations, so some may not apply to you.
17. Indemnification
You will defend, indemnify, and hold harmless CapScout and its operator, suppliers, and licensors from and against any claims, losses, damages, liabilities, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service or any output; (b) your violation of these Terms or any law (including fair-housing, consumer-protection, privacy, or anti-spam laws); (c) your content; (d) your investment, transaction, or business decisions; and (e) for agents, teams, and organizations, any report, communication, or decision you deliver to or make about a client or third party.
18. Dispute resolution; binding arbitration; class-action waiver
Please read this Section carefully — it affects your rights.
(a) Informal resolution. Before starting an arbitration, you agree to first contact us at [email protected] and try to resolve the dispute informally for at least 60 days.
(b) Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be governed by the Federal Arbitration Act, seated in New York, and may proceed by document submission, telephone, or video where allowed. Judgment on the award may be entered in any court of competent jurisdiction.
(c) CLASS-ACTION AND JURY WAIVER. YOU AND CAPSCOUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND CAPSCOUT WAIVE ANY RIGHT TO A JURY TRIAL.
(d) Mass arbitration. If 25 or more similar arbitration demands are filed by or with the coordination of the same or coordinated counsel, the demands will be administered in staged batches to promote efficiency, and applicable filing and hearing fees will be assessed on a batched basis.
(e) Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. (f) Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name and intent to opt out.
19. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and CapScout submit to the exclusive jurisdiction and venue of the state and federal courts located in New York. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
20. Copyright (DMCA)
We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to our designated agent at [email protected]. We may remove infringing content and terminate repeat infringers.
21. Termination
You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including for violation of these Terms or to protect the Service or others. Sections that by their nature should survive termination (including Sections 4–9 and 12–22) will survive.
22. Changes; miscellaneous
We may update these Terms or the Service. We will post the updated Terms with a new "Last updated" date and, for material changes, provide reasonable notice or request renewed acceptance; continued use after changes take effect constitutes acceptance. These Terms, together with the Privacy Policy, Disclaimers, and any applicable Agent & White-Label Terms, are the entire agreement between you and CapScout. If any provision is unenforceable, the rest remains in effect (and the class-action waiver is non-severable from the arbitration agreement, except as a court may otherwise require). Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the Service. We are not liable for delays or failures caused by events beyond our reasonable control.
23. Contact
Questions about these Terms? Email [email protected].