Effective Date: May 1, 2024

NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY SUBSTANTIVELY AFFECT YOUR RIGHTS AND LIMIT OUR POTENTIAL LIABILITY TO YOU.

These terms and conditions (these “Terms”) form a legally binding agreement between you, the user of the Homspector mobile app and any associated website (collectively, the “App”), and Homspector LLC. As used in these terms, the words “you,” “your,” and “yourself” refer to you, the user of the App, and to your employer. “We,” “us” and “our” refer to Homspector LLC, a North Carolina limited liability company and provider of the App. When you accept these Terms, you do so on behalf of yourself personally as well as on behalf of your employer.

PLEASE NOTE: Unless you have entered into a separate written agreement with us, these Terms are the only terms and conditions under which we provide the App. If you do not agree to these Terms, then you may not use the App.

These Terms should be read in conjunction with our Privacy Policy

1. Subscriptions

We provide the App on a subscription basis. Your initial subscription will be for the term you select (either one month or one year) and your subscription automatically renews for successive terms, each equal to the length of your initial subscription, unless you change your subscription term in the App. In these Terms, we refer to your initial subscription and any renewal as your “Subscription Term.”

You may disable automatic renewal in the App, in which case your subscription will terminate at the end of the then-current initial or renewal term. See Section 10, for what happens when your subscription terminates.
Your subscription is associated with your account (see Section 2, below) and may not be transferred to any other account.

2. Your Account

In order to use the App, you must create an account using your email address and a password. You are responsible for all uses of the App using your account. You must inform us if you discover that somebody else has accessed your account without your authorization or if you believe that the password to your account has been compromised.

Your account is personal to one individual and neither it, nor any subscription, may be transferred to anybody else.

You may change the email address associated with your account by following instructions presented through the App.

3. Notices

We may, from time to time, provide you notices and other updates regarding the App and your subscription by sending email to the email address associated with your account or by presenting you the notice through the App.

4. Prices and Payments

We may, from time-to-time, update the prices we charge for your subscription by posting new prices through the App. Any change in prices will be effective upon the renewal of your subscription.

We will charge the payment method you have on-file at the beginning of your initial subscription and at the beginning of every renewal. If a payment is declined for any reason, then your use of the App will be temporarily suspended until a new payment is successfully made and you will have ten (10) days to provide an updated payment method. If you do not provide a valid updated payment method within this time, then we will consider your subscription to be terminated. See the “Termination” section, below, for what happens when your subscription terminates.

Our payment processor is responsible for storing your payment information, and the terms and conditions under which they process your payment is available here- https://stripe.com/privacy
We do not store your payment information.

5. Ownership; License to App

We and our third-party licensors own the App and all copyright, patent and trademark rights in the App. The App is licensed and not sold.

During the Subscription Term, we grant you a non-exclusive license to install and use the App on cell phones and/or tablet devices solely for the use of one individual in performing home inspections, contracting to perform home inspections, and providing the results of home inspections to your customers. This license is personal to the individual associated with your account.

6. Prohibited Uses

You may not:
• Reverse-engineer or use any tool to debug the App or otherwise attempt to learn the source-code for the App or to discover how the App functions.
• Access the computer servers containing information about the App except through the App.
• Attempt to breach the security of the App or of our back-end servers for the App.
• Allow a single subscription to be used by multiple people.
• Use the App in a manner that would violate the law or would reasonably be expected to create civil or criminal liability for us.
• Use the App to infringe any copyright, trademark, trade secret or patent rights of any third party.
• Impersonate somebody else through the App.
• Upload libelous material into the App.
• Use the App to upload any worm, virus, bot, or other malicious software.
• Enter any payment information which you are not authorized to use.
• Use the App or any other mechanism to create an unreasonably high load on our servers.

7. Your Data

As between you and us, you are the owner of any material you upload or enter into the App (collectively, “Your Data”) and, except as described in this section, we make no claim to Your Data. When you provide Your Data to us, you warrant that you have the right to provide it.

We may use Your Data to provide you with support for the App and to debug issues related to the App. In addition, we may use Your Data in a manner that is aggregated with the data from other users of the App and which is anonymized in a manner such that neither you nor your customers may be identified for any purpose. In particular, we may use the aggregated and anonymized data for our own uses, such as for developing new features for the App or otherwise improving the App, or for determining trends in the home inspection industry. We may retain and use that aggregated and anonymized data after your subscription ends.

Following the end of your subscription, we may (but are not required to) maintain Your Data for up to one (1) year in case you decide to purchase a new subscription. Otherwise, we will delete Your Data no later than the one (1) year anniversary of the end of your subscription.

You are responsible for retaining your own records and storing data. We offer no guarantee of accessibility of your data. You are responsible to retain copies of your data and maintain your own records separately from data storage offered by Homspector.

8. Customer Agreements

The App may provide access to sample agreements that may be used with your customers and may allow you to upload your own customer agreements. We make no promises that the sampleagreements are appropriate for you, that they are legally enforceable or that they will protect you from legal liability. We cannot and do not advise you to choose any particular agreement and recommend that you seek your own legal counsel in choosing an agreement to use with your end-customers. The sample agreements are provided for information purposes only and you use them at your own risk.

9. Third-Party Services

The App may use various services provided by third parties. We are not responsible for the failures of those third-party services.

10. No Warranties

THE APP IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In particular, we do not promise that the App will be available continuously or at any particular time or that it will function without error.

We may update the App from time to time to add or remove functionality, to remove bugs, or for other reasons and those updates may automatically be installed by your mobile device. We do not promise that an updated version of the App will behave precisely as the previous version did or that it will continue to offer all of the same functionality as the previous version.

11. Term, Termination and Suspension

We may terminate your subscription if you breach these Terms or if a chargeback is initiated on any payment card used to pay for your subscription.

In addition, we may temporarily suspend your account in order to investigate potential breaches of these Terms or if we believe that your account has been breached.

You may terminate your subscription at any time through the App, and that termination will be effective at the end of your then-current Subscription Term. You may also contact us through the App to terminate your subscription before the end of your then-current Subscription Term. But, any early termination will not entitle you to a refund of any remaining portion of the fees charges for your subscription.

Sections 6-10, 12, and 14-18 of these Terms will survive termination for any reason:

12. Limitation of Liability

IN NO EVENT SHALL OUR LIABILITY TO YOU ARISING FROM OR IN CONNECTION WITH THESE TERMS, THE APP, OR YOUR SUBSCRIPTION EXCEED THE AMOUNT PAID BY YOU FOR THE REMAINING PORTION OF YOUR THEN-CURRENT SUBSCRIPTION. WE SHALL NOT BE LIABILE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS, THE APP, OR YOUR SUBSCRIPTION.

13. Amendments

We may amend these Terms from time to time in our sole discretion, and any such amendment shall be effective upon our provision of notice of the amendment. That notice may be made as described in the “Notices” section above. If you do not agree to the amendment, then you may terminate your subscription upon receiving such notice. When we amend these Terms, we will adjust the Effective Date shown above to reflect the date of the update. Otherwise, these Terms may not be amended except in a writing signed by you and by us.

14. Indemnification

You agree to indemnify us against any claims, suits, demands, or subpoenas brought by your customer or any other third party arising out of or in connection with your use of the App (collectively, “Claims”) and agree to indemnify us against any court costs, arbitration fees, damages, amounts paid in settlement and reasonable attorneys’ fees we incur in connection with Claims.

15. Governing Law and Disputes

These Terms are governed by North Carolina substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising from or in connection with these Terms, the App or your subscription shall be heard exclusively in the state and federal courts located in Wake County, North Carolina, and the parties hereby consent to the personal jurisdiction of such courts in such matters.

16. No Third-Party Beneficiaries

These Terms are for the exclusive benefit of the parties hereto, and no third party shall have any right to bring a claim for a breach of these Terms.

17. Waiver, Amendment

These Terms and any breach there of may only be made in writing by the waiving party and no waiver in any one instance shall be deemed to be a waiver in any other instance.

18. Complete Agreement

These Terms form the complete agreement between you and us related to the App, Your Data and your subscription, and supersede all prior written agreements and any contemporaneous oral agreements.