Terms of Service
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and, if you act on behalf of a firm or employer, that organization (together, "you" or "User") and American National Commercial Real Estate Services, INC. ("Proofle," "we," "us," or "our"). By creating an account, requesting or using an API key, or otherwise accessing or using the Proofle service (the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not create an account or use the Service. You represent that you are at least 18 years old and, if signing up on behalf of an organization, that you are authorized to bind that organization to these Terms.
2. What the Service is
Proofle is an AI-assisted tool that performs an automated preliminary review of ALTA/NSPS land title surveys and related documents and produces a report of potential observations. The Service is provided to assist qualified professionals and is intended only as a first-pass aid to human review.
3. Advisory only — not professional advice or certification
The Service does not provide surveying, engineering, legal, or other professional advice, and nothing it produces constitutes such advice. Proofle is not a licensed land surveyor, professional engineer, or attorney, and using the Service does not create any professional or fiduciary relationship.
The Service's output is informational only and is not a certification, approval, sign-off, stamp, seal, or guarantee of any kind. The licensed surveyor or other licensed professional preparing, sealing, or certifying a survey remains solely and exclusively responsible for that survey and for all professional decisions, including its accuracy, completeness, certification, and compliance with the ALTA/NSPS standards and all applicable laws, standards, and contractual requirements. You agree that you will not treat any Proofle output as a substitute for the independent review and professional judgment of a qualified, licensed professional.
4. Your responsibilities
- Independent verification. You must independently review, verify, and confirm all Service output before relying on it for any purpose. You are responsible for any decision made, or not made, in reliance on the Service.
- Professional responsibility. You retain full professional and legal responsibility for your work product, deliverables, and certifications. Proofle assumes none of it.
- Lawful, authorized use. You will use the Service only for lawful purposes, only for documents you are authorized to submit, and in compliance with these Terms.
- Account and key security. You are responsible for safeguarding your API key and for all activity under your account. Do not share, resell, or expose your key. Notify us promptly of any unauthorized use.
- Acceptable use. You will not exceed applicable rate or volume limits; circumvent authentication, quotas, or security controls; probe, scan, overload, or disrupt the Service; reverse engineer, decompile, or attempt to extract source code or models; or use the Service to build a competing product.
5. No warranty
The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, we do not warrant that the Service will be accurate, complete, reliable, current, error-free, secure, or uninterrupted, that it will detect any or all defects, errors, omissions, or non-conformities in a survey, or that any result or finding (including any "pass," "fail," or absence of a finding) is correct. You acknowledge that automated analysis has inherent limitations and that false results — including missed issues and incorrect flags — are possible.
6. Limitation of liability
To the maximum extent permitted by law, in no event will Proofle or American National Commercial Real Estate Services, INC., or its officers, employees, agents, or suppliers, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or professional liability, arising out of or relating to the Service or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our 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 (US$100).
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by applicable law.
7. Indemnification
You will defend, indemnify, and hold harmless Proofle and American National Commercial Real Estate Services, INC. and its officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your surveys, work product, deliverables, or certifications, or any reliance on Service output; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.
8. API keys, plans, and availability
Access to the Service requires a valid API key, which is personal to your account. The Service is currently offered with a free tier subject to usage limits. We may set, change, or enforce rate limits, quotas, and tiers; modify, suspend, or discontinue any part of the Service; and suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security, abuse, or cost risk. We may change pricing and introduce paid tiers in the future, with notice as required.
9. Data and privacy
Our handling of documents and personal information is described in our Privacy Policy, which is incorporated into these Terms. In summary, documents you submit are processed to produce your review and are not retained by our Service. You are responsible for ensuring you have the right to submit any documents and that doing so does not violate any confidentiality obligation or law.
10. Intellectual property
The Service, including all software, models, content, and trademarks, is owned by us or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. You retain all rights to the documents you submit; you grant us only the limited right to process them to provide the Service. The "Proofle" name and logo are our marks; you may not use them without permission.
11. Third-party platforms
Proofle operates as a plugin for Autodesk® Civil 3D® and relies on third-party services. Autodesk is a trademark of Autodesk, Inc.; Proofle is an independent product and is not affiliated with, endorsed by, or sponsored by Autodesk. Your use of any third-party platform is governed by that party's own terms, and we are not responsible for third-party platforms or services.
12. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate your access at any time for any violation of these Terms, for suspected abuse or security risk, or as needed to operate the Service. Sections that by their nature should survive termination — including Sections 3 through 7 and 10 — survive.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms here with a new effective date and version and, where appropriate, notify account holders. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Summit County, Ohio have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there, except where applicable law provides otherwise.
15. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship.
16. Contact
Questions about these Terms:
American National Commercial Real Estate Services, INC.
3465 S. Arlington Road, Suite E#183, Akron, OH 44312, USA
Email: support@proofle.com
Phone: 866-290-8121