Terms of Service

1. Acceptance of Terms

By accessing or using Plotwatch (the “Service”), operated by Calibarna LLC (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not access or use the Service. These Terms constitute a legally binding agreement between you and Calibarna LLC.

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

Our Privacy Policy is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the collection and use of your information as described in the Privacy Policy.

2. Description of Service

Plotwatch is a real estate buyer’s intelligence platform that provides property tracking, price change monitoring, algorithmic leverage scoring, AI-powered market analysis, and geographic area monitoring using an H3 hexagonal grid system. The Service aggregates publicly available data from government databases, MLS listing services, weather services, and other public sources to deliver insights and notifications based on user-configured rules.

The Service is designed for and available to users located in the United States. Data source availability and coverage may vary by geographic area.

The Service is offered in three subscription tiers: Scout (free), Watch, and Command. Feature availability, usage limits, and pricing vary by tier and are described on our pricing page.

3. User Accounts

An account is required to access the Service beyond the public property preview. Authentication is provided through our third-party identity provider, Clerk.

You agree to: (a) provide accurate and complete registration information; (b) maintain the security and confidentiality of your account credentials; (c) promptly notify us of any unauthorized access to or use of your account; and (d) accept responsibility for all activities that occur under your account.

Accounts are for individual use only and are non-transferable. Each individual may maintain only one account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans, Billing, and Payments

The Scout tier is available at no cost with limited features. Paid tiers (Watch and Command) are billed on a monthly or annual recurring basis. Current pricing is available on our pricing page.

All payment processing is handled by Stripe, a PCI-DSS compliant payment processor. Plotwatch does not store, process, or have access to your credit card numbers or bank account details.

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You may cancel your subscription at any time through the billing portal accessible from your account settings. Cancellation takes effect at the end of the current billing period; no prorated refunds are provided for partial periods.

We reserve the right to change subscription pricing with at least 30 days’ advance notice. Price changes will take effect at the start of your next billing period following the notice.

5. Artificial Intelligence Features and Disclaimers

The Service includes AI-powered features such as chat-based property and market analysis, natural language monitoring rule creation, and leverage score computation. These AI features are powered by third-party AI models provided by Anthropic (Claude). When you use AI features, your messages and associated property and market context are transmitted to Anthropic for processing. See our Privacy Policy for details on what data is shared.

AI outputs are generated algorithmically and may contain errors, inaccuracies, or incomplete information. AI-generated analysis does not constitute professional real estate advice, investment advice, financial advice, legal advice, or a property appraisal. You should independently verify all AI-generated analysis before making any decisions.

You agree not to rely solely on AI outputs for any real estate purchase, sale, or investment decision. AI features are subject to daily usage limits based on your subscription tier and may be modified, suspended, or discontinued at any time without notice.

6. Leverage Scores and Data Accuracy

Plotwatch provides leverage scores on a 0–100 scale that estimate a buyer’s relative negotiating position for a given property. These scores are computed algorithmically based on publicly available data including days on market, price history, comparable listings, area inventory levels, and market conditions.

Leverage scores are algorithmic estimates, not professional appraisals, property valuations, or certified market analyses. They are provided for informational purposes only and should not be the sole basis for any real estate, financial, or investment decision.

All data provided through the Service is sourced from public records, MLS listings, government databases, and other public sources. Data is provided “AS IS” without warranty of accuracy, completeness, timeliness, or reliability. Plotwatch does not independently verify the accuracy of third-party data sources. Data may be delayed, incomplete, or contain errors originating from source systems. You should independently verify all information before relying on it.

The Service does not provide real estate advice, investment advice, or financial advice. Nothing in the Service should be construed as a recommendation to buy, sell, or hold any property.

7. SMS Text Messaging Terms

Plotwatch offers SMS text message alerts as an optional feature of paid subscription plans (Watch and Command). By enabling SMS notifications in your account settings and providing your mobile phone number, you expressly consent to receive automated, recurring text messages from Plotwatch related to real estate activity you are monitoring.

Consent to receive SMS is not required to purchase or use the Service. SMS notifications are disabled by default. You may opt out at any time by replying STOP to any message or by disabling SMS notifications in your account settings. Reply HELP for assistance.

Message frequency varies based on your monitoring activity and real estate activity in your coverage areas. You may receive up to 10 messages per hour during periods of high activity. Message and data rates may apply. Check with your mobile carrier for details about your messaging plan.

We do not sell, rent, share, or otherwise disclose your mobile phone number or SMS opt-in data to any third parties or affiliates for marketing or promotional purposes. SMS messages are delivered via Twilio, which processes your phone number solely for message delivery on our behalf. See our Privacy Policy for complete details on how we handle your mobile information.

8. Acceptable Use Policy

You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Scrape, harvest, or systematically extract data from the Service for redistribution or commercial use
• Use automated tools, bots, or scripts to access the Service beyond any provided APIs
• Attempt to circumvent rate limits, plan restrictions, or security measures
• Share account credentials with any third party
• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Interfere with or disrupt the integrity or performance of the Service
• Redistribute, resell, or commercially exploit Plotwatch’s data compilations, leverage scores, or AI-generated analysis

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice.

9. Intellectual Property

The Service, including all software, algorithms, leverage scoring methodology, data compilations, AI-generated analysis, branding, logos, and user interface design, is the property of Calibarna LLC and is protected by applicable intellectual property laws. All rights not expressly granted are reserved.

You retain ownership of the content you provide to the Service, including property addresses, chat messages, and monitoring rule descriptions. By using the Service, you grant Calibarna LLC a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely for the purpose of providing and improving the Service.

Public data aggregated by the Service remains public data. Calibarna LLC’s compilation, analysis, scoring, and presentation of that data is proprietary and may not be copied, redistributed, or commercially exploited without our prior written consent.

10. Privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, share, and protect your information. By using the Service, you consent to the data practices described in the Privacy Policy.

11. Warranty Disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. We expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure; that data will be accurate, complete, or current; that defects will be corrected; or that any particular results will be obtained from use of the Service.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Calibarna LLC, its members, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the Service.

Without limiting the foregoing, we specifically disclaim liability for: (a) any real estate, financial, or investment decisions made based on data, leverage scores, or AI outputs provided by the Service; (b) losses resulting from data inaccuracy, incompleteness, or delays; (c) losses caused by third-party service outages or failures; and (d) unauthorized access to your account.

Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Calibarna LLC, its members, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any real estate, financial, or investment decisions you make based on information provided by the Service.

14. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution

Before filing any formal proceeding, you agree to attempt to resolve disputes informally by contacting us at [email protected]. We will attempt to resolve the dispute in good faith within thirty (30) days.

Binding Arbitration

If a dispute cannot be resolved informally, you and Calibarna LLC agree to resolve it through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action and Jury Trial Waiver

You and Calibarna LLC each waive the right to a jury trial and the right to participate in a class action, class arbitration, or other representative proceeding. All disputes must be resolved on an individual basis.

Exceptions

Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-Out of Arbitration

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of creating your account. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in courts located in the State of Wyoming.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of these Terms.

15. Account Termination

You may delete your account at any time through your account settings or by contacting us at [email protected]. Upon deletion, your access to the Service will be revoked and any active subscription will be canceled at the end of the current billing period. No prorated refunds are provided for remaining subscription time.

We may suspend or terminate your account at our discretion, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive behavior, or for any other reason we deem appropriate. Data handling upon account deletion is governed by our Privacy Policy.

16. Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We do not guarantee continuous, uninterrupted, or secure access to the Service. Data freshness depends on third-party source update frequencies and is not guaranteed. Features may be added, modified, or removed from subscription tiers at our discretion.

17. Modifications to These Terms

We may update these Terms at any time. Material changes will be communicated to you via email or in-app notification at least fourteen (14) days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

18. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Calibarna LLC regarding your use of the Service and supersede all prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Calibarna LLC may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Force Majeure. We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, or third-party service outages.

No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Calibarna LLC.

19. Contact Information

For questions about these Terms, legal inquiries, or arbitration opt-out notices, contact us at:

Calibarna LLC
Email: [email protected]