Terms of Service

1. Acceptance of Terms

By accessing or using PropGap ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our Service. Use of PropGap Pro constitutes agreement to both the general terms and the Pro-specific sections below.

2. Description of Service

PropGap is an independent property data platform that provides comparable sales analysis and property assessment data for residential properties in New Jersey and Texas. PropGap Pro provides litigation support data and Evidence Kit PDF generation for licensed property tax professionals.

3. User Responsibilities

By using our Service, you agree to:

• Provide accurate property address and assessment information
• Use the data for lawful purposes only
• Not redistribute, resell, or commercially exploit our reports outside the scope of your licensed professional practice
• Not attempt to reverse engineer or interfere with our systems
• Take full responsibility for any tax appeal decisions, filings, or legal strategy based on PropGap data

Pro subscribers additionally agree that PropGap Evidence Kits are litigation support tools. The licensed professional of record is solely responsible for verifying all comparable sales, reviewing all data for accuracy, and complying with all applicable rules of professional conduct before filing any evidence with a tax board, appraisal review board, or court.

4. Payment and Pricing

Consumer

• Reports are priced at $49.00 USD per property analysis
• Payment is processed securely through Stripe
• Reports are delivered immediately upon successful payment
• Refunds are subject to our Refund Policy

Pro

• Trial: 5 Evidence Kits at no charge (no credit card required). Credits are deducted only when PropGap successfully identifies a tax gap. Properties returning no gap, insufficient data, or an error do not consume a credit.
• Subscription: $1,200/month (USD), billed in active months only. “Active month” means any calendar month in which the subscriber generates at least one Evidence Kit. Subscribers may pause between tax seasons with no charge for inactive months.
• Subscription billing is managed through Stripe. You may cancel at any time; no prorated refunds for the current billing month.
• PropGap reserves the right to modify Pro pricing with 30 days notice to active subscribers.

5. Data Accuracy and Known Limitations

Our comparable sales data is sourced from RentCast, a licensed real estate data aggregator compiling MLS transaction records and public county deed data. While we apply quality filters (recency, same-municipality enforcement for NJ, 3-sigma outlier removal), all users acknowledge the following known limitations:

• MLS and deed records may reflect a lag of 30–90 days from the actual transaction date
• Comparable sales have not been individually screened for arm's-length transaction status (e.g., foreclosures, distressed sales, family transfers may be included). Professionals must verify each comparable before filing.
• Tax gap estimates use statewide average tax rates (NJ: 2.1%, TX: 2.0%). Actual tax savings depend on the property's municipal levy, special district rates, and applicable exemptions.
• Homestead exemptions, senior freezes, over-65/disabled veteran exemptions, and other statutory tax relief programs are not factored into gap calculations. Properties qualifying for such programs may realize materially lower savings than PropGap estimates.
• NJ equalization ratios are sourced from the NJ Division of Taxation 2026 Table of Equalized Valuations. These ratios are updated annually; users should verify currency at njtaxation.org if filing after June 2026.
• TX analysis uses the sales comparison approach per TX Tax Code §41.43(b)(3). Opposing appraisers may present cost or income approach valuations; comparable evidence must withstand cross-examination.
• PropGap does not guarantee the accuracy, completeness, or timeliness of any data
• Users should independently verify all critical data before filing any appeal

6. Not an Appraisal; Not Legal Advice

PropGap Evidence Kits and assessment analyses are litigation support data tools and do not constitute a formal real estate appraisal as defined under USPAP (Uniform Standards of Professional Appraisal Practice) or applicable state law. PropGap is not a licensed appraiser and does not opine on property value.

Nothing in PropGap's outputs constitutes legal advice. The licensed professional of record (attorney, licensed tax consultant, or enrolled agent) is solely responsible for:

• Reviewing all Evidence Kit data for accuracy and admissibility
• Verifying comparable sales against county deed records
• Confirming the subject property's exemption status
• Complying with all applicable rules of professional conduct and unauthorized practice of law statutes
• All legal strategy and evidence presentation decisions

7. No Guarantee of Results; Third-Party Data

PropGap does not guarantee any specific outcome from using our data. Tax appeal success depends on many factors beyond our control, including board decisions, individual property circumstances, comparable quality, and proper filing procedures. Generating an Evidence Kit does not guarantee a reduction in assessed value or property taxes.

Comparable sales data is sourced from RentCast. PropGap makes no representation as to the accuracy, completeness, or currency of third-party data and is not liable for errors, omissions, or inaccuracies originating from third-party sources. Users should independently verify all comparable data with public deed records or the applicable county assessor before relying on it in any filing.

8. Intellectual Property

All content, features, and functionality of PropGap are owned by us and protected by intellectual property laws. Consumer purchasers may use reports for personal, non-commercial purposes. Pro subscribers may use Evidence Kit outputs in their licensed professional practice for the purpose of property tax appeals on behalf of clients. PropGap retains ownership of the underlying platform, methodology, and software.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPGAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, MALPRACTICE CLAIMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE OR RELIANCE ON PROPGAP DATA IN ANY LEGAL OR ADMINISTRATIVE PROCEEDING.

Consumer: PropGap's total liability for direct damages shall not exceed the amount paid to PropGap in the twelve (12) months preceding the claim (or $49, whichever is greater).

Pro: PropGap's total liability to Pro subscribers for direct damages arising from data errors, form generation failures, or system unavailability shall not exceed three (3) months of the subscriber's most recent monthly subscription fee ($3,600). This liability cap applies per claim and in the aggregate. PropGap is not liable for any board rejection, adverse ruling, malpractice claim, or professional sanction arising from use of PropGap outputs.

If any limitation of liability provision in this section is found unenforceable under applicable law, that specific provision shall be severed and the remaining limitations shall remain in full force and effect.

10. Indemnification

You agree to indemnify and hold harmless PropGap and its affiliates from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your use of PropGap outputs in any legal, administrative, or professional capacity.

11. Pro Account Access and Security

PropGap Pro access is controlled by a firm access key (“Key”). The Key is issued to the named firm contact and is the firm's credential for accessing all Pro features and historical data. PropGap is not responsible for unauthorized use resulting from a lost or shared Key.

Account recovery is available via the recovery passphrase issued at signup (displayed once; subscriber is responsible for storing it securely). Recovery requests are processed within 1 business day upon verification of the passphrase.

PropGap reserves the right to revoke Pro access for violation of these Terms, including but not limited to resale of Evidence Kits, sharing access keys with unlicensed individuals, or use of the platform for purposes other than licensed professional tax practice.

12. Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service at any time. We may also update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the modified Terms. For material changes to Pro pricing or core functionality, PropGap will provide 30 days notice to active subscribers via the email on file.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

15. Dispute Resolution & Arbitration

15.1 Informal Resolution. Before initiating any formal dispute, you agree to contact us at info@propgap.ai and give us 30 days to attempt to resolve the issue informally. Most concerns can be resolved quickly this way.

15.2 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration. Arbitration shall be administered by a neutral arbitration provider under its commercial arbitration rules. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver. You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.

15.4 Small Claims Exception. Either party may bring an individual claim in small claims court if the claim qualifies under that court's jurisdictional limits.

15.5 Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@propgap.ai within 30 days of first using the Service. Your notice must include your name, email address, and firm name (for Pro subscribers).

16. Contact

For questions about these Terms, please contact us at info@propgap.ai. Pro subscribers may also contact support at the same address — we respond within one business day.