DataMaster® End User License Agreement (EULA)
Effective Date: August 19, 2025
Entity: Market Data Service, LLC (“DataMaster,” “MDS,” “we,” “us,” or “our”)
Applies to: The DataMaster® software, desktop clients, add-ins, and any downloadable components (collectively, the “Software”). Access to our websites, services, messaging programs, and integrations is governed by our separate Terms & Conditions and Privacy Policy, which are incorporated by reference.
Electronic acceptance. By clicking ACCEPT, installing, or using the Software, you (a) agree to this EULA, (b) consent to electronic records and signatures under the E-SIGN Act/UETA, and (c) acknowledge we keep verifiable records of acceptance capable of accurate retention and reproduction. If you do not agree, click CANCEL and do not install or use the Software.
1) License Grant; Eligibility; Territory; MLS Requirement
1.1 License. Subject to this EULA and timely payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, per-user license to install and use the Software in the United States for your professional real-estate appraisal and valuation work within your licensed markets (the “License”). One licensed user may install on multiple devices used by that same user (e.g., desktop + laptop), but may not share accounts or permit simultaneous use by unlicensed persons.
1.2 Territory. “Territory” means the geographic market(s)/MLS area(s) you selected at purchase or in your account. Use outside the Territory or on unrelated real-estate data is not permitted without our written approval and may require additional fees.
1.3 MLS Membership Requirement. Authorization to view/use MLS data through the Software comes from your independent MLS membership(s) or license(s) in the Territory—not from this EULA. You must remain a member/licensee in good standing and comply with all MLS rules. If your MLS rights change, are suspended, or terminate, you must immediately stop using the Software with that MLS data and notify us; we may suspend or terminate the License for that Territory.
1.4 Copies & Backups. You may make the copies necessary to install, run, and reasonably back up the Software, provided all proprietary notices are preserved. Redistribution or public posting of the Software or its documentation is prohibited.
2) Data Sources; Your Responsibilities; Feature-Specific Terms
2.1 Your data selections. The Software may allow you to connect to multiple data sources (e.g., MLS, public records, form software, your firm systems) and to choose among conflicting data. You are solely responsible for the sources you enable, the data you select, and the accuracy/fitness of that data for your work.
2.2 Field labels & output. If you customize field headings or descriptions, you must not misrepresent underlying data. You are responsible for verifying any report or output generated by the Software.
2.3 CompTracker™. If subscribed, CompTracker lets you store and reference property physical characteristics (e.g., condition/quality ratings, GLA, rooms, basement, photos, sketches) and your notes (“Property Physical Characteristics Data”).
- Your data quality. You warrant that data you upload is accurate to the best of your knowledge and that you are authorized to provide it. We may store, process, and return this data to you to power the feature.
- Retention & access. Processing, retention, and deletion follow our Privacy Policy. On subscription end, we may offer time-limited retrieval options at then-current fees; afterward, we may delete or de-identify the data consistent with our retention schedule and legal obligations (e.g., audits, legal holds).
- No compliance guarantee. CompTracker is an aid; you remain responsible for your analyses and regulatory compliance.
2.4 Peer Sharing (optional). If you mutually designate “Peers,” you and each Peer may access the other’s shared Property Physical Characteristics Data for professional use. Either party may revoke Peer status at any time. Data previously received from a Peer may remain in the recipient’s workspace and records. You are solely responsible for choosing and vetting Peers.
2.5 Public Records & Third-Party Data. Some public records data is licensed from third parties (e.g., CoreLogic Solutions, LLC). Such data may only be used within your ordinary course of real-estate appraisal/valuation, and may not be resold, sublicensed, or redistributed. Those licensors may enforce these restrictions directly.
2.6 Credentials; No Sharing. You must not share logins or allow unlicensed persons to access the Software or connected data. You must use reasonable safeguards to prevent unauthorized use.
2.7 Telemetry & Cookies. The Software may collect device/usage telemetry necessary to operate, secure, and improve the Software. Cookies and similar technologies are described in our Privacy Policy (and controlled via your OS/browser where applicable).
3) Fees; Changes; Audit
3.1 Fees. Subscription/usage fees are shown in your order or account. Fees are due in advance unless stated otherwise. Taxes are your responsibility.
3.2 Changes. We may modify fees or features on reasonable notice (e.g., via in-product notice or email). If you do not agree with a material change, you may terminate per §4.
3.3 Audit (records-first). To verify license compliance (e.g., number of users/seats), we may request reasonable records (deployment logs, user lists). Only if records are insufficient may we request limited system review with 15 days’ notice, during business hours, using least-intrusive methods, without accessing unrelated personal data, and under confidentiality.
4) Term; Suspension; Termination; Effect
4.1 Term. This EULA continues month-to-month (or per your term) while fees are current unless terminated.
4.2 Suspension/Termination by MDS. We may suspend or terminate if (a) you breach this EULA, Terms, Privacy Policy, MLS rules, or law; (b) fees are unpaid; (c) your use poses security/compliance risk (including A2P/10DLC non-compliance under §7); or (d) we discontinue the Software.
4.3 Termination by You. You may terminate with at least 30 days’ written notice (or as your plan allows).
4.4 Refunds. If we terminate for convenience (not for your breach) or you terminate due to a material adverse change we made, we will refund any unused prepaid Software fees after the effective date. Otherwise, fees are non-refundable except where required by law.
4.5 Upon Termination. You must uninstall/delete the Software and, if requested, certify deletion. Our data handling follows the Privacy Policy and §2.3.
5) Ownership; Permitted Use; Restrictions
5.1 Ownership. We and our licensors retain all rights in the Software and related IP. No rights are granted by implication.
5.2 Restrictions. You may not: reverse engineer, decompile, or disassemble (except to the limited extent permitted by law); modify or create derivative works; remove proprietary notices; rent, lease, or distribute; circumvent usage limits; or use the Software to build a competing product or for unlawful or fraudulent activity.
6) Third-Party Integrations; Accuracy; Availability
6.1 Integrations. Use of integrated MLS/third-party tools is subject to those parties’ terms. We are not responsible for third-party availability, accuracy, or changes.
6.2 Availability. The Software may experience downtime, maintenance, or updates. We do not guarantee uninterrupted operation.
7) Communications & A2P/10DLC Compliance
If you access any messaging features or integrate Software outputs with messaging platforms, your use is additionally governed by our Terms & Conditions and Privacy Policy. Among other things:
- You are responsible as the “sender” for compliance with the TCPA, CTIA/carrier rules, 10DLC brand/campaign registration, and honoring STOP/HELP and quiet-hours requirements.
- You must maintain auditable consent/opt-out logs.
Nothing in this EULA authorizes unlawful messaging.
8) Confidentiality
Each party may receive non-public information of the other (“Confidential Information”). The receiving party will use it only to perform under this EULA, protect it with reasonable care, and not disclose it except to personnel/contractors under similar obligations or as required by law.
Carve-outs. This section does not restrict (i) lawful product reviews; (ii) benchmarking that does not reveal our confidential information; (iii) good-faith security vulnerability reports; or (iv) communications with regulators or law enforcement.
9) Privacy; State Rights; Data Security
9.1 Privacy. Our collection/use of personal information is described in our Privacy Policy, including Notice at Collection, retention, and individual rights (access, deletion, correction, appeals where applicable).
9.2 Security. We employ administrative, technical, and physical safeguards appropriate to the Software. No system is perfectly secure; if we learn of a breach affecting your data, we will notify you as required by law.
10) Warranties; Disclaimers
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ERROR-FREE/UNINTERRUPTED OPERATION. YOU ALONE ARE RESPONSIBLE FOR YOUR APPRAISALS, ANALYSES, AND REPORTS AND FOR VERIFYING DATA ACCURACY.
11) Limitation of Liability; Allocation of Risk
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR LOST PROFITS/REVENUE/GOODWILL; OR LOSS/RECOVERY OF DATA; EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY, OR YOUR BREACH OF CONFIDENTIALITY/MLS OR DATA-USE RESTRICTIONS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE IN ANY 12-MONTH PERIOD IS LIMITED TO THE AMOUNTS YOU PAID FOR THE SOFTWARE IN THAT 12-MONTH PERIOD.
Carve-outs. The above limits do not apply to liability for gross negligence, willful misconduct, or infringement of the other party’s IP.
12) Indemnification
You will defend, indemnify, and hold harmless MDS and its affiliates, officers, employees, and agents from any third-party claims, fines, or losses arising out of: (a) your use of the Software or outputs; (b) your data, selections, or configurations; (c) your violation of MLS/third-party terms; or (d) your violation of law (including A2P/TCPA). We may participate in the defense with counsel of our choice at our expense.
13) Government Rights
The Software and documentation are “commercial computer software” and “commercial computer software documentation.” Pursuant to FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, U.S. Government end users acquire them only with the rights set forth in this EULA and our applicable commercial license terms.
14) Export; Sanctions
You may not use, export, or re-export the Software in violation of U.S. export control or sanctions laws and regulations.
15) Notices
We may provide notices via in-product messages, email to your account address, or posting to your account portal. Legal notices to us must be sent to:
Market Data Service, LLC
Attn: Legal Notices
765 Gordon Avenue, Layton, Utah 84040, USA
Email: legal@datamasterusa.com
16) Governing Documents; Order of Precedence; Disputes
This EULA, together with our Terms & Conditions and Privacy Policy, forms the agreement between you and us. If there is a direct conflict, the Terms & Conditions control for service/messaging/website matters; this EULA controls for the installed Software. Disputes are governed by the Governing Law/Dispute Resolution section in our Terms & Conditions.
17) Assignment; Severability; Waiver; Injunctive Relief
You may not assign this EULA without our written consent; we may assign in connection with a merger, acquisition, or asset transfer. If any provision is unenforceable, it will be enforced to the maximum extent permitted; the remainder stays in effect. Failure to enforce is not a waiver. We may seek injunctive relief for threatened or actual breach of IP, confidentiality, or data/MLS restrictions.
18) Changes to this EULA
We may update this EULA to reflect changes in law, MLS/carrier rules, technology, or business needs. Material changes will be posted with a new effective date and, where appropriate, notified to you through the Software or by email. Continued use after the effective date constitutes acceptance.