Terms of Use

1. The Platform and Our Services

PropCapital.ai is an AI-powered real estate discovery and services platform operating in India. We provide:

• Property search and listing services (residential, commercial, new projects, plot and land)
• AI-powered property matching ("Smart Match") and an AI real estate assistant ("IRA")
• A directory of verified property consultants
• NRI-specific services including virtual site visits, FEMA guidance, and NRI cost calculators
• Financial calculators (EMI, Stamp Duty, Rent vs Buy, Rent Affordability)
• A directory of RERA-listed real estate developers in Haryana
• An Estatepreneur referral programme
• Interior design, home loan comparison, and other ancillary services
• A platform for property owners to submit listing enquiries (free of charge)

2. Eligibility

You may use the Platform only if you:

• Are at least 18 years of age
• Have the legal capacity to enter into binding contracts under Indian law
• Are not prohibited from using the Platform under any applicable law
• Provide accurate, current, and complete registration information
• Are not a competitor accessing the Platform for competitive intelligence

NRI users must comply with the Foreign Exchange Management Act, 1999 (FEMA), Reserve Bank of India (RBI) regulations, and all applicable laws of their country of residence in connection with any property purchase in India. PropCapital.ai's NRI guidance is informational only and does not constitute legal or financial advice.

3. User Accounts

3.1 Registration

You may access certain features (saved properties, document vault, AI matching history, referral programme) only by creating an account. You must provide your real name, a valid email address, and a secure password. You may not register on behalf of another person without their authorisation.

3.2 Account Security

You are solely responsible for all activity under your account. You must keep your credentials confidential and notify us immediately at legal@propcapital.ai if you suspect unauthorised access. We are not liable for any loss resulting from unauthorised use of your account where you failed to safeguard your credentials.

3.3 Accurate Information

You must keep your profile information accurate and up to date. Providing false information — including false property details, fake referrals, or misrepresenting your identity — is a material breach of these Terms and may result in immediate account termination and civil or criminal liability.

3.4 Account Termination

You may delete your account at any time from your Profile settings. We reserve the right to suspend or permanently terminate accounts that violate these Terms, at our sole discretion, without prior notice. Obligations accrued before termination survive.

4. Property Listings — Accuracy, Liability, and RERA

• No warranty: We make no representation or warranty about the accuracy, reliability, completeness, or timeliness of any listing data, price, photograph, description, or specification.
• Not an offer: No listing on the Platform constitutes a legal offer to sell or rent. All prices are indicative and subject to change without notice.
• RERA compliance: Under the Real Estate (Regulation and Development) Act, 2016, developers are required to register projects with their state RERA authority. While we display RERA information where available, you must independently verify current RERA status at rera.gov.in or your state portal before any transaction.
• Property fraud: PropCapital.ai is not responsible for any fraud, misrepresentation, or illegal activity by property sellers, buyers, developers, or consultants. We strongly recommend independent legal due diligence before any transaction. Report suspected fraud to legal@propcapital.ai and to your local police/cybercrime cell.
• Agricultural land: NRIs and foreign nationals are prohibited from purchasing agricultural land, plantation property, or farmhouses without specific RBI approval. Listings for such property types are shown for informational purposes only; it is your responsibility to comply with FEMA restrictions.

5. AI Features — Smart Match and IRA Chatbot

5.1 Smart Match Disclaimer

Smart Match assigns scores to properties based on your stated preferences. These scores reflect algorithmic analysis of available listing data and your inputs. They do not account for factors we cannot verify (actual construction quality, neighbourhood conditions, litigation status, or market movements). Never make a purchase decision based solely on a Smart Match score.

5.2 IRA Chatbot Disclaimer

IRA is powered by large language model AI (Claude by Anthropic and/or OpenAI's GPT models). It can provide general property market information, guidance on the buying process, and answers to common questions. It may hallucinate — produce plausible-sounding but incorrect facts. IRA's responses do NOT constitute: (a) legal advice; (b) financial advice; (c) investment recommendations; (d) a verification of any property's legal status; or (e) a guarantee of any market price or return. Always verify critical information from authorised sources.

5.3 Financial Calculators

EMI, Stamp Duty, Rent vs Buy, Rent Affordability, and NRI Cost calculators are approximation tools. Actual costs may vary based on: the bank or lender's terms, government fee revisions, property-specific surcharges, your credit profile, and local municipal levies. Do not rely on calculator outputs without getting formal quotations from banks, lawyers, and your state registration office.

6. Consultants and Channel Partners

Consultants listed on PropCapital.ai are independent professionals. They are not employees, agents, or representatives of PropCapital.ai. We do not control their advice, representations, or conduct. By contacting a consultant through the Platform:

• You are entering a direct relationship with that consultant
• Any fees, commission arrangements, or service agreements are between you and the consultant
• PropCapital.ai is not party to, and is not liable for, any transaction, dispute, or loss arising from a consultant relationship
• You should independently verify a consultant's RERA registration (where applicable) before engaging
• Disputes with consultants should be raised directly with the consultant and, if unresolved, with the relevant state RERA authority or consumer forum

Consultant ratings and reviews on the Platform are user-generated. We do not endorse or verify the accuracy of reviews. We reserve the right to remove reviews that violate our content standards.

7. Listing Submissions (Seller Terms)

7.1 Free Listing Service

We currently offer property listing submissions at no charge. We reserve the right to introduce fees with 30 days' written notice.

7.2 Seller Representations and Warranties

By submitting a property listing, you represent and warrant that:

• You are the legal owner of the property or have the owner's written authorisation to list it
• All information provided is accurate, complete, and not misleading
• The property does not have any undisclosed encumbrances, legal disputes, or mortgage defaults
• You will promptly update or remove the listing if the property is sold, rented, or if any information changes
• You will not list properties you do not own or are not authorised to sell
• You consent to {BRAND} displaying the listing information on the Platform and partner portals

7.3 Prohibited Listings

The following listings are strictly prohibited and will be removed without notice:

• Properties involved in legal disputes, court orders, or attachment proceedings without full disclosure
• Agricultural land being listed for sale to NRIs/OCIs in violation of FEMA
• Fraudulent listings, duplicate listings, or listings by non-owners
• Properties listed at prices designed to mislead buyers
• Any listing that violates applicable law or RERA provisions

8. Estatepreneur Referral Programme

8.1 Eligibility and Enrolment

The Estatepreneur programme is open to Indian residents aged 18 or older with a valid PAN card and bank account/UPI ID. Enrolment requires submission of referrer details and is subject to our approval.

8.2 Commission

Commission of up to ₹50,000 per successful deal closure is a target figure, not a guaranteed amount. Actual commission depends on property value, transaction type, and our internal commission structure at the time of the deal. Commission is payable only after: (a) the referred deal is legally concluded; (b) registration/agreement is completed; and (c) the developer/seller confirms the transaction.

8.3 Prohibited Referral Conduct

• Self-referrals or referring fictitious persons
• Referring persons without their knowledge or consent
• Making false representations about {BRAND}'s services to potential referees
• Creating multiple accounts to generate artificial referrals
• Referring the same person more than once

8.4 Programme Changes and Termination

We may modify commission rates, eligibility criteria, or discontinue the Estatepreneur programme at any time with 30 days' notice for future referrals. Earned commissions for completed deals will be honoured regardless of programme changes.

9. Payments and Refunds

9.1 Payment Processing

Paid services (including NRI Virtual Site Visits at ₹499) are processed through Razorpay Financial Solutions Pvt. Ltd. By making a payment you agree to Razorpay's terms of service. Your payment data is processed by Razorpay under PCI-DSS standards; PropCapital.ai does not store card numbers.

9.2 Refund Policy

• Virtual Site Visit (₹499): Full refund if you purchase the property through PropCapital.ai within 6 months of the visit. Refund also granted if we are unable to fulfil the visit. No refund once the visit has taken place, except where our agent fails to attend.
• Subscription services: Pro-rata refund for unused periods if you cancel within 7 days of the first billing. No refund after 7 days unless the service was not delivered as described.
• Failed payments: Amounts debited but not credited (network failures) are refunded within 7–10 banking days.

Refund requests must be submitted to billing@propcapital.ai with your order ID and reason. We aim to process all valid refund requests within 10 business days.

9.3 GST

All prices are exclusive of Goods and Services Tax (GST) unless explicitly stated. GST will be added at the applicable rate (currently 18% for digital services) at checkout. GST invoices are issued for all paid transactions.

10. Prohibited Conduct

You must not:

• Use the Platform for any unlawful purpose or in violation of any applicable law, including the IT Act, IPC, FEMA, RERA, or AML regulations
• Impersonate any person or entity, or misrepresent your identity or affiliation
• Scrape, crawl, spider, or data-mine any part of the Platform without our written consent
• Use automated bots, scripts, or tools to access the Platform
• Attempt to probe, scan, or test the vulnerability of the Platform or any related system
• Interfere with or disrupt the integrity or performance of the Platform
• Transmit viruses, worms, defamatory, obscene, offensive, or unlawful material
• Reverse engineer, decompile, disassemble, or attempt to derive source code of the Platform
• Use the Platform to collect personal data of other users without their consent
• Post or transmit content that infringes any third party's intellectual property rights
• Use the Platform to conduct or facilitate money laundering or other financial crimes
• Access the Platform while located in any jurisdiction where such access is prohibited
• Use the Platform for any commercial purpose other than using our legitimate services (e.g., reselling our data)

11. Intellectual Property

11.1 Our IP

All content on the Platform — including but not limited to: the PropCapital.ai name and logo, the "PropCapital" trademark, AI matching algorithms, IRA chatbot system prompts and responses, website design, graphics, text, database structure, and software code — is the exclusive intellectual property of PropCapital Realty Technologies Private Limited or its licensors, protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and the Patents Act, 1970, as applicable.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Platform without our prior written permission.

11.2 User-Generated Content

By submitting content to the Platform (property photographs, descriptions, reviews, chat messages), you grant PropCapital.ai a worldwide, royalty-free, perpetual, non-exclusive licence to use, reproduce, modify, publish, and distribute such content for the purpose of operating and improving the Platform. You represent that you own or have the right to submit such content and that it does not infringe any third party's rights.

11.3 Feedback

If you provide us with feedback, suggestions, or ideas, you agree that we may use them without any obligation to compensate you, and you waive any moral rights in such feedback.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR RELIABILITY.

We do not warrant that: (a) the Platform will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Platform is free of viruses or other harmful components; (d) the results of using the Platform will meet your requirements; or (e) any property listed will be available, as described, or legally transferable.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• PropCapital.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Platform, including loss of profits, loss of data, property damage, or personal injury, even if advised of the possibility of such damages.
• Our total aggregate liability to you for any claim arising from these Terms or your use of the Platform shall not exceed the greater of: (a) the amount you paid to us in the 12 months preceding the claim; or (b) ₹10,000 (Indian Rupees Ten Thousand Only).
• We are not liable for: any property transaction entered into between users; any financial loss from acting on listing information, calculator outputs, or AI chatbot responses; any regulatory penalties (RERA, FEMA, Income Tax) arising from your property transactions; or any third-party service failures (payment processors, cloud hosting, AI providers).
• Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by Indian law.

14. Indemnification

You agree to indemnify, defend, and hold harmless PropCapital Realty Technologies Private Limited, its directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any applicable law (including RERA, FEMA, IT Act, IPC)
• Any false or misleading information you provide
• Your property listing or referral submissions
• Any dispute between you and a third party (consultant, developer, buyer, seller)
• Your use of the Platform in a manner not permitted by these Terms
• Any content you submit, upload, or share on the Platform

15. Third-Party Links and Services

The Platform may contain links to third-party websites, government portals (RERA, MCA21, IT Department), and service providers. These links are provided for convenience only. We have no control over the content, privacy practices, or accuracy of third-party websites and are not responsible for them. Accessing third-party links is at your own risk.

Integration with third-party services (Razorpay, OpenStreetMap, Anthropic) is subject to those providers' own terms of service and privacy policies, which you should review.

16. Platform Availability and Modifications

We do not guarantee continuous, uninterrupted, or secure access to the Platform. We may modify, suspend, or discontinue any feature or the entire Platform at any time without liability. We will endeavour to provide advance notice of material changes where reasonably practicable.

We reserve the right to change these Terms at any time. Updated Terms will be posted with a new effective date. Continued use after the effective date constitutes acceptance. For material changes, we will email registered users at least 15 days before the change takes effect.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to first attempt informal resolution by contacting us at legal@propcapital.ai. We will make good-faith efforts to resolve disputes within 30 days.

17.2 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, or their breach, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, or failing agreement, appointed by the High Court of Punjab & Haryana. The seat and venue of arbitration shall be Gurugram, Haryana. The language of arbitration shall be English. The arbitral award shall be final and binding.

17.3 Consumer Rights

Nothing in this clause prevents you from exercising your statutory rights as a consumer under the Consumer Protection Act, 2019, including filing a complaint with the District Consumer Disputes Redressal Commission. The arbitration clause above applies to commercial disputes, not to statutory consumer redressal mechanisms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to the arbitration clause above, you irrevocably submit to the exclusive jurisdiction of the courts at Gurugram, Haryana, India for any dispute not subject to arbitration.

19. Miscellaneous

• Entire agreement: These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and PropCapital.ai regarding the Platform.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• No waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment: You may not assign or transfer any rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
• Force majeure: We are not liable for failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of government, internet outages, or pandemic restrictions.
• Notices: Notices to us should be sent to legal@propcapital.ai. Notices to you will be sent to the email address associated with your account.
• Language: These Terms are in English. In the event of any inconsistency between an English version and any translation, the English version prevails.

20. Contact and Legal Notices