Last Updated: January 10, 2023
“SERVICES” MEANS, WITHOUT LIMITATION, THE FOLLOWING, INCLUDING ANY UPDATES AND SUBSEQUENT VERSIONS THEREOF:
- INSPECTCLOUD (ALSO KNOWN AS INSPECT & CLOUD)
“APPS” MEANS, WITHOUT LIMITATION, THE INSPECTCLOUD IOS AND ANDROID APPS, INCLUDING ANY UPDATES AND SUBSEQUENT VERSIONS THEREOF.
“RELATED SOFTWARE” MEANS, WITHOUT LIMITATION, AND ANY UPDATES AND SUBSEQUENT VERSIONS THEREOF.
You may not access the Services, Apps, and/or Related Software if you are a competitor of InspectCloud, except with InspectCloud’s prior written consent. In addition, you may not access the Services, Apps and/or Related Software for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Services, Apps and Related Software and you will be responsible for all charges related to them.
Account and Registration
In order to use certain features of the Website, Services, Apps and/or Related Software you may be required to register for an Account and provide certain information about yourself (and your company or organization) as prompted by the account registration form. InspectCloud will have the sole discretion to approve or decline an Account.
You represent and warrant that: (a) all required registration information you submit is truthful, complete and accurate; (b) you will maintain the accuracy of such information; (c) you are authorized to form a binding contract with InspectCloud; and (d) you are authorized to register and access certain features of the Website, Services, Apps and/or Related Software on behalf of your company and organization on the terms and conditions set forth herein.
If you wish to utilize certain features of the Website, Services, Apps and/or Related Software where payment is required, it is your responsibility to maintain and update your registration information, your ACH bank transfer information (as applicable) and your credit card or debit card information and to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card or debit card number. At InspectCloud’s option and without any obligation to do so, InspectCloud may verify your information prior to approving (or declining) your Account.
In setting up an Account, you will not (a) select or use as a user name a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a username a name that is otherwise offensive, vulgar or obscene. InspectCloud reserves the right to refuse registration of, or cancel a username in its sole discretion. You are solely responsible for activity that occurs on your Account and will be responsible for maintaining the confidentiality of your password. You will not use another user’s Account without such other user’s express permission. You will immediately notify In in writing of any unauthorized use of your Account, or other Account related security breach of which you are aware.
InspectCloud imposes certain restrictions on your use of the Website, Services, Apps and Related Software. You are prohibited from violating or attempting to violate any security features of the Website, Services, Apps and Related Software, including without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Website, Services, Apps and Related Software, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, Services, Apps and Related Software, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website, Services, Apps and Related Software to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website, Services, Apps and Related Software; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by InspectCloud in providing the Website, Services, Apps and Related Software; (g) transferring, distributing, reselling, leasing, licensing, or assigning the Website, Services, Apps and Related Software otherwise offer any of the foregoing on a standalone basis; or (h) using or accessing the Website, Services, Apps and Related Software to develop a product or service that is directly competitive with InspectCloud’s products or services. Any violation of the foregoing may subject you to civil and/or criminal liability.
Fees, Billing and Payment
Non-Payment and Suspension
InspectCloud reserves the right to suspend or terminate this your Account and access to any Services, Apps and/or Related Software if you fail to pay the fees related to such Services, Apps and/or Related Software. You agree and acknowledges that InspectCloud has no obligation to retain your data upon suspension or termination of a subscription beyond the designated term stipulated in the Account or as otherwise required by applicable law.
Charges and Billing
InspectCloud generally charges and collects non-refundable fees in advance for use of the Services and/or Related Software. InspectCloud will automatically renew your subscription unless you give notice to InspectCloud of non-renewal at least 30 days before the end of the relevant subscription term. InspectCloud will charge your credit card or other payment method every month or year, depending on your authorization and subscription type. InspectCloud grants no refunds or credits for partial months or years.
Change in Services by User
You may upgrade or downgrade the subscription plan for a Service and/or Related Software at any time during the term by written notice to InspectCloud (downgrades are only available with monthly subscription accounts, from one paying level to another; provided, however, you may not downgrade from a paying account to a free account). The change will be applicable to the next billing cycle following InspectCloud’s receipt of such written notice. For any upgrade or downgrade, the credit card or other billing method that you provided as part of your Account will automatically be charged the new rate on your next billing cycle.
InspectCloud will not extend any credit or refund for partial months of service in the case of downgrades to a monthly subscription. The expiration/renewal date of a subscription to a Service and/or Related Software, whether monthly or annual, will not change based on any downgrade by you. Fees may not be credited towards other Services and/or other Related Software. Additional users added by you will be considered immediate upgrades to the applicable Service and/or Related Software. You will maintain with InspectCloud a valid credit or debit card as part of the Account at all times unless alternative methods of payment have been agreed upon. Regardless of your payment method, your subscription to an applicable Service and/or Related Software authorizes InspectCloud to charge your Account. This authorization will remain valid until 30 days after termination or cancellation of your subscription, whereupon InspectCloud may charge your billing method for any outstanding charges as may be applicable. You agree to provide and maintain complete and accurate billing and contact information. This information includes your legal name or company name, credit card and billing address, email address, name and telephone number of an authorized billing contact. You agree to update this information immediately upon change to it or in the event of a lost or stolen credit card or debit card. If the contact or billing information you have provided is false or fraudulent, InspectCloud reserves the right to terminate your access to the applicable Service and/or Related Software in addition to any other legal and equitable remedies.
You agree to maintain a minimum level subscription in order for InspectCloud to store and maintain data as part of the Services and/or Related Software. Failure to maintain the minimum agreed subscription will result in termination of your Account. If no minimum level subscription has been agreed, then it will default to a subscription level reasonably determined by InspectCloud unless otherwise agreed in writing.
Your Cancellation and Termination upon Expiration
Cancellation of your memberships will not relieve you of the obligation to pay fees for the remainder of the applicable monthly or annual term. Such cancellation will be in writing and InspectCloud will provide instructions on how to continue with the cancellation process. Failure to comply with the process provided by InspectCloud will not result in proper cancellation and your Account will continue to be charged. For monthly subscriptions, you are agreeing to full monthly terms to access the Services and/or Related Software and if you terminate the Services and/or Related Software prior to the end of a monthly term, then you will be responsible for that month’s full fee through the end of the then-current term, including, without limitation, unbilled charges, which will immediately become due and payable. You will pay all accrued but unpaid fees upon expiration of the term of or termination of services for fixed term annual subscriptions (i.e., twelve (12) months). You understand that for an annual subscription, you have committed to a full annual term, to be paid annually in advance. Your annual subscription will renew automatically after the initial fixed term is over, unless terminated as herein provided. You may cancel the subscription prior to expiration of the annual term without refund. You will pay all accrued but unpaid fees upon expiration of the term of or termination of the Services and/or Related Software. Upon cancellation, you will no longer have access to the Services and/or Related Software and all information and data contained within your Account will be deleted unless otherwise agreed to by you and InspectCloud, in each case, subject to the requirements of applicable law. InspectCloud accepts no liability for such deleted information or data to the extent permitted by applicable law. In all cases, InspectCloud will only retain Account data to the extent required by applicable law.
InspectCloud Supplied Forms
As part of the Services, Apps and Related Software, InspectCloud may supply forms, templates and documents (collectively, “Forms”) for your convenience only. You agree that the Forms are not intended to provide and do not constitute legal or other professional advice or services of any nature to you or any third party. You acknowledge and agree that the Forms are provided to you on the basis that you understand and are solely responsible for the legal requirements surrounding their use in connection with real property management or for any other purpose (including without limitation, real property inspections) in your local, state and federal jurisdiction, and that any use or reliance on the Forms is at your own risk. You should consult an attorney before using or relying on the Forms for any purpose in your jurisdiction. In no event will InspectCloud and its affiliates be liable for any damages of any kind or nature, expenses (including attorney’s fees and costs) or any claim arising from or in connection with your or any third party’s the use of the Forms.
Third Party Services
The Website, Services, Apps and Related Software may contain links to third-party websites and services (“Third-Party Services”). Such Third-Party Service are not under the control of InspectCloud, and InspectCloud is not responsible for any Third-Party Services. InspectCloud does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. When you use any of the Third-Party Services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Services.
The Services, Apps and/or Related Software may allow you or third parties authorized by you to upload or provide to InspectCloud images, photos, video, data, text, listings and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, Apps and/or Related Software you grant (on behalf of yourself and each third party authorized by you) InspectCloud an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, exploit, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, Apps and Related Software without any obligation to account to you or compensate you for such use of User Materials; and (ii) sublicense these rights through multiple levels, to the maximum extent permitted by applicable law. InspectCloud will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. InspectCloud may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your Account or that you otherwise make available through the Services, Apps and Related Software.
THE SERVICES, APPS AND RELATED SOFTWARE (INCLUDING WITHOUT LIMITATION, THE FORMS, ANY DATA CONTENT AND MEDIA MADE AVAILABLE AS A PART THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. INSPECTCLOUD, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES, APPS AND RELATED SOFTWARE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE USE OF THE SERVICES, APPS AND RELATED SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY DATA, MEDIA, CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICES, APPS AND RELATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES, APPS AND RELATED SOFTWARE IS SOLELY AT YOUR OWN RISK.
THE SERVICES, APPS AND RELATED SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE, SERVICES, APPS OR RELATED SOFTWARE OR ANY PROPERTY LINKED TO THE FOREGOING.
Limitation of Liability
IN NO EVENT SHALL INSPECTCLOUD, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE, SERVICES, APPS AND RELATED SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY USER MATERIALS AND FORMS) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) OR, IF GREATER, THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING SIX (6) MONTH PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law and Dispute Resolution
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS INSPECTCLOUD AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INSPECTCLOUD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any arbitration must be commenced by filing a demand for arbitration with the JAMS within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there will be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
You and InspectCloud agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
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Or at the following e-mail: firstname.lastname@example.org