Last Updated: March 2, 2026
These Terms of Service (“Terms”) govern your access to and use of the website, applications, and services (collectively, the “Services”) provided by Proof Digital Inc., operating under the trade name Evrylist (“we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.
For more information about Proof Digital Inc., please visit proofdigital.com.
1. Accounts and Access
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms.
2. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Upload or transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems or other users’ accounts
- Scrape, crawl, or collect data from our Services without our prior written consent
- Interfere with or disrupt the integrity or performance of our Services
- Submit false, misleading, or fraudulent listing information or inquiries
- Use our Services to send unsolicited communications or spam
- Misrepresent your identity or affiliation with any person or entity
3. Intellectual Property
All content, features, and functionality of the Services — including but not limited to the Evrylist name, logo, website design, software, embeddable widgets, text, and graphics — are the exclusive property of Proof Digital Inc. and are protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, or publicly display any part of our Services without our prior written consent.
User-Submitted Content
By submitting content to our Services (including listing data, images, and property information), you grant Proof Digital Inc. a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute that content solely for the purpose of providing and promoting the Services. You represent that you own or have the necessary rights to submit such content.
4. Third-Party Authentication
Our Services may allow you to register or log in using third-party authentication providers (such as Google or Microsoft via Clerk). By using these features, you agree to comply with the applicable third-party terms and acknowledge that we may receive certain profile information from those providers as described in our Privacy Policy.
5. Privacy and Data
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. We do not sell your personal information.
6. Embeddable Widgets and Third-Party Websites
Our Services include embeddable widgets that may be displayed on third-party websites operated by builders and their partners. We are not responsible for the privacy practices, content, or terms of those third-party websites. Your interactions with third-party websites are governed by their own terms and policies.
Builders who embed our widgets on their websites are responsible for ensuring they have appropriate legal disclosures regarding the use of our Services on their sites.
7. Lead Submissions and Inquiries
When you submit a contact form or inquiry through our Services, your information is routed to the relevant builder and/or their designated partner. We facilitate this connection but are not a party to any transaction or relationship between you and the builder or partner. We make no representations or warranties regarding any builder, partner, property, or listing displayed on our Services.
8. Service Availability
We strive to keep the Services available and functioning, but we do not guarantee uninterrupted or error-free access. We reserve the right to:
- Modify, suspend, or discontinue any part of the Services at any time
- Perform maintenance that may temporarily affect availability
- Update features or functionality with reasonable notice where practicable
9. Payment and Subscriptions
If your use of the Services involves a paid subscription or fees, the following applies:
- Fees are as described at the time of purchase or subscription
- All fees are in Canadian dollars (CAD) unless otherwise stated
- Payments are non-refundable unless required by applicable law
- We reserve the right to change pricing with reasonable notice
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will meet your specific requirements
- The Services will be uninterrupted, timely, secure, or error-free
- Any property listings, pricing, or information displayed through the Services is accurate or complete
- The mortgage calculator or any other tools provide financial advice or guarantees
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROOF DIGITAL INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
12. Indemnification
You agree to indemnify, defend, and hold harmless Proof Digital Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit through the Services
13. Termination
Either party may terminate the use of the Services at any time. We may suspend or terminate your access immediately if we believe you have violated these Terms.
Upon termination:
- Your right to access and use the Services will cease
- We may delete your account and associated data, subject to our data retention obligations
- Sections 3, 10, 11, 12, 14, and 15 shall survive termination
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Saskatchewan, Canada.
15. General Provisions
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Proof Digital Inc. regarding the Services.
- Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights at any time without notice.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on our website with an updated “Last Updated” date. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.
17. Contact Us
If you have any questions about these Terms, please contact us:
Proof Digital Inc. (operating as Evrylist)
Email: [email protected]
Website: proofdigital.com