Terms of Service

These Terms of Service (these “Terms”) govern access to and use of the InspectionX website, mobile application, web-based inspection platform, AI-assisted inspection and report-generation features, interactive and client-facing report features, integrations, support resources, communications, and other products and services provided by InspectionX AI, Inc. that link to these Terms. These Terms are intended to operate together with any applicable Order Form, Program Terms, data processing terms, app-store terms, or other written agreement applicable to your use of the Services. Please read them carefully.

1. Welcome

1.1 Agreement to Terms

InspectionX AI, Inc., a Delaware corporation (“InspectionX,” “we,” “us,” or “our”), provides an AI-assisted inspection platform that helps professional inspectors capture inspection information, organize photographs and observations, generate and manage inspection reports, and deliver reports and related information to clients. These Terms form a legally binding agreement between you and InspectionX and govern your access to and use of the Services.

For purposes of these Terms, the “Services” include: (a) inspectionx.ai and related public website pages; (b) the InspectionX web-based inspection platform; (c) the InspectionX mobile application for supported iOS and Android devices; (d) AI-assisted transcription, categorization, comment generation and matching, placeholder completion, photograph placement, label analysis, report review, and related functionality; (e) inspection reports, interactive reports, repair-request features, report delivery and client-facing features; (f) integrations and data-source functionality; (g) demonstrations, account registration, support, payment, and other account-related pages; and (h) any other product, feature, website, platform, or service that links to these Terms.

By clicking to accept these Terms, executing or accepting an Order Form, completing a sign-up flow that references these Terms, creating or using an Account, installing or using the Mobile App, placing an Order, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not access or use the Services.

1.2 Definitions

The following terms have the meanings stated below:

• “Account” means an account used to access the Platform or another restricted-access Service.
• “Authorized Personnel” means User and any owner, employee, inspector, contractor, or other individual whom User permits to access the Services under User’s Account.
• “Derived Data” means data derived from User Data or Usage Data that has been deidentified, anonymized, aggregated, or otherwise processed so that it does not identify and cannot reasonably be linked to User, any Authorized Personnel, any individual, or any individual property.
• “Documentation” means InspectionX’s then-current user instructions, specifications, help materials, technical documentation, and published technical requirements for the Services.
• “Inspection Data” means inspection-related data and content submitted to, captured through, imported into, generated through, or maintained in the Services, including audio and voice recordings, voice-to-text transcriptions, photographs, images, video, annotations, property information, inspection observations, defects, conditions, ratings, recommendations, limitations, repair information, equipment and appliance information, geolocation, timestamps, metadata, templates, comments, phraseology, completed and draft reports, ancillary forms, report versions, PDFs, exports, repair-request information, report-recipient information, and related records.
• “InspectionX Materials” means the Services, Platform, Mobile App, Documentation, software, source code, object code, interfaces, designs, workflows, methods, algorithms, artificial-intelligence and machine-learning models, model weights, prompts, templates, standard content, databases, tools, and other materials owned or licensed by InspectionX, including all updates, modifications, improvements, and derivative works.
• “Mobile App” means the InspectionX mobile application for supported iOS and Android devices, which forms part of the Platform.
• “Order” means a single inspection engagement, which may include one or more individual reports, such as a residential home inspection report, four-point inspection report, and wind mitigation report, all of which are included within a single Order unless otherwise stated.
• “Order Form” means an order form, online sign-up, subscription or pricing selection, invoice, or other ordering document or process that references these Terms.
• “Output” means content drafted, organized, generated, suggested, populated, classified, or otherwise produced through AI-assisted or automated features of the Services.
• “Platform” means the InspectionX web-based inspection platform, Mobile App, and related restricted-access functionality.
• “Program Terms” means separate pricing, billing, access, reporting, or program terms that apply to User by virtue of User’s participation in a franchise system, association, or other partner program with which InspectionX has an agreement.
• “Report Recipient” means an inspection client, buyer, seller, real estate professional, contractor, or other person whom User authorizes to receive or access an inspection report or related information through the Services.
• “Usage Data” means data relating to the configuration, performance, security, and use of the Services.
• “User” means the individual or entity that accepts these Terms, creates or maintains an Account, places an Order, or otherwise purchases or uses the Platform for business purposes.
• “User Data” means data and content submitted to, captured through, imported into, or generated through the Services by or on behalf of User, including Inspection Data.

1.3 Eligibility and Authority

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into these Terms, and are using the Services for business purposes in connection with property inspection services or a related authorized business activity. If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and references to “you” include both you individually and that entity.

1.4 User Types and Applicability

These Terms apply to Users, Authorized Personnel, account administrators, website visitors, and other persons who access or use the Services. Provisions concerning Accounts, Orders, fees, Inspection Data, professional responsibility, and Program Terms apply principally to Users and Authorized Personnel. Report Recipients are not authorized to use the Platform except through client-facing features made available by User and remain subject to any use restrictions displayed with those features.

1.5 Supplemental Terms; Order of Precedence

Certain Services may be subject to an Order Form, Program Terms, data processing terms, integration terms, app-store terms, or other supplemental terms (“Supplemental Terms”). Supplemental Terms are incorporated into these Terms by reference. If applicable Supplemental Terms expressly conflict with these Terms, the Supplemental Terms control with respect to the subject matter of the conflict. With respect to pricing and billing under a franchise, association, or partner program, applicable Program Terms control over an Order Form and these Terms. Except to the extent otherwise stated in applicable Program Terms, the order of precedence is: (a) the Order Form; (b) these Terms; and (c) other policies incorporated by reference. A written data processing agreement, if any, controls with respect to personal information within its scope.

1.6 Important Notices

2. Description of the Services

2.1 Website, Platform, and Mobile App

The Services may provide account and inspection-workflow tools for professional inspectors, inspection companies, franchised inspectors, association members, and other authorized business users. The Platform may permit Users to create and manage inspections, capture audio, images, video, annotations, and property information, organize inspection observations, use templates and comment libraries, generate and revise reports and ancillary forms, export reports, and use other inspection-related functionality. Features may vary by device, operating system, pricing model, Program Terms, integration, User configuration, and Service version.

2.2 AI-Assisted Inspection and Report Functionality

The Services use artificial intelligence, machine learning, and automated tools to assist Users with inspection workflows and report preparation. Functionality may include transcribing audio, categorizing observations, matching or generating comments, filling placeholders, placing photographs, analyzing labels, identifying or retrieving product and recall information, supporting report review, and providing other AI-assisted features. AI-assisted functionality is subject to Section 7.

2.3 Reports and Client-Facing Features

At User’s direction, the Services may make inspection reports and related information available to Report Recipients. Client-facing features may permit Report Recipients to view interactive reports, filter findings, create or review repair lists, download reports, or use other features. User is responsible for selecting authorized recipients, determining whether disclosure is appropriate, and establishing any contractual terms between User and a Report Recipient. InspectionX is not a party to User’s inspection agreement with a client unless expressly stated otherwise.

2.4 Franchise, Association, and Partner Programs

InspectionX may make the Services available through franchise systems, associations, or other partner programs. A program may include specific pricing, billing, access, administration, reporting, retention, or termination requirements. Applicable Program Terms govern User’s participation in that program to the extent stated in Section 1.5.

2.5 Integrations and External Data

The Services may integrate with inspection software, scheduling tools, payment providers, app stores, data sources, communications services, or other third-party systems. The Services may also obtain or display property, permit, appliance, equipment, product, recall, or similar information from public or lawfully accessible sources. Third-party services and data are subject to Section 11.

2.6 No Guarantee of Inspection or Business Outcomes

InspectionX does not guarantee that the Services or any Output will identify every defect, condition, recall, safety concern, code issue, maintenance need, or other matter relevant to an inspection; satisfy any licensing authority, association, franchisor, insurer, real estate professional, client, or other third party; prevent a claim or loss; or produce any particular business, financial, professional, or inspection outcome.

3. Accounts, Authorized Personnel, and Security

3.1 Account Registration

User must provide accurate, current, and complete information when registering and keep it up to date. InspectionX may reject, suspend, or revoke an Account if registration information is inaccurate, incomplete, misleading, or cannot reasonably be verified.

3.2 Authorized Personnel

User may permit Authorized Personnel to access the Platform under User’s Account. User is responsible for determining who should have access, assigning appropriate permissions, promptly removing access when no longer needed, ensuring compliance with these Terms and applicable Program Terms, and all acts and omissions of Authorized Personnel as if they were User’s own.

3.3 Account Credentials

User is responsible for maintaining the confidentiality and security of usernames, passwords, authentication tokens, one-time codes, devices, and other credentials. Credentials are personal to the assigned user and may not be shared, transferred, sold, or used by another person.

3.4 Unauthorized Access

User shall notify InspectionX promptly at support@inspectionx.ai of any known or suspected unauthorized access to or use of an Account, credential, device, or User Data. InspectionX may require credential resets, suspend access, preserve logs, investigate activity, or take other reasonable measures to protect the Services, Users, and third parties.

4. Orders, Fees, and Payment

4.1 Pricing

User shall pay the fees set forth in InspectionX’s then-current published pricing, the applicable Order Form, or applicable Program Terms. Unless otherwise specified, fees are charged on a per-Order basis.

4.2 Program Terms

If User participates in a franchise system, association, or other partner program with which InspectionX has an agreement, the pricing and billing terms of the applicable Program Terms shall govern User’s use of the Services in connection with that program and shall control over InspectionX’s standard or general public pricing. User shall not substitute, or claim the benefit of, any other InspectionX pricing in connection with such use.

4.3 Payment Obligation

User is solely responsible for paying all fees arising from User’s own use of the Services and the use of its Authorized Personnel. No franchisor, association, or other partner is obligated to pay fees on User’s behalf unless expressly stated in applicable Program Terms. User authorizes InspectionX and its payment processors to charge User’s designated payment method for all amounts due.

4.4 Payment Processing

InspectionX may use Stripe or another third-party payment provider. User authorizes InspectionX and its payment provider to process payment and billing information as necessary to administer User’s Account and Orders. InspectionX generally does not receive or store complete payment-card numbers when a third-party provider processes payment. Use of a third-party payment service is also subject to that provider’s terms and privacy notice.

4.5 Non-Refundable

All fees are non-refundable except as expressly provided in these Terms, an applicable Order Form or Program Terms, or required by applicable law.

4.6 Taxes

Fees are exclusive of all sales, use, value-added, and similar taxes. User is responsible for such taxes arising from use of the Services, excluding taxes based on InspectionX’s net income.

4.7 Late Payment and Suspension

Without limiting its other remedies, InspectionX may suspend or restrict User’s access to the Services upon failure to pay amounts when due, without liability, until all past-due amounts are paid in full. Past-due amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law.

4.8 Price Changes

InspectionX may modify its pricing and billing terms upon at least thirty (30) days’ advance notice, effective prospectively to Orders placed on or after the effective date of the change. Where Program Terms specify a different notice period, those Program Terms govern. Continued use of the Services after the effective date constitutes acceptance of the modified pricing.

5. License and Access Rights

5.1 Limited License

Subject to these Terms, including payment of applicable fees, the applicable Order Form and Program Terms, and the Documentation, InspectionX grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the Term to access and use the Services and InspectionX Materials made available to User solely for User’s internal business purpose of conducting property inspections, preparing and managing inspection reports, and providing those reports to authorized clients and recipients. No rights are granted by implication, estoppel, or otherwise.

5.2 License Restrictions

User shall not, and shall not permit any third party to:

• copy, modify, translate, adapt, create derivative works from, publish, distribute, sell, resell, rent, lease, lend, sublicense, assign, transfer, time-share, or otherwise commercially exploit the Services or InspectionX Materials except as expressly permitted;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, workflows, algorithms, data models, model weights, prompts, methods, security mechanisms, or non-public elements of the Services;
• use the Services or InspectionX Materials to develop, train, benchmark, validate, improve, or operate a competing product, service, inspection-report platform, dataset, database, artificial-intelligence model, or other offering;
• permit access by a competitor for competitive analysis, benchmarking, copying, or development of a competing offering;
• remove, alter, or obscure any copyright, trademark, confidentiality, attribution, proprietary-rights, access-control, or source notice;
• use robots, spiders, crawlers, scrapers, automated queries, browser extensions, data-mining tools, AI extraction tools, or other automated means to access, monitor, extract, copy, or index the Services except through an interface expressly authorized by InspectionX;
• circumvent authentication, permissions, usage limits, access controls, rate limits, security measures, or payment obligations;
• upload malicious code or attempt to gain unauthorized access to the Services, User Data, or related systems or networks;
• use the Services in a manner that could damage, disable, overburden, impair, disrupt, or interfere with the Services or another user; or
• use the Services in an unlawful manner or in violation of these Terms, applicable Program Terms, professional standards, or third-party rights.

5.3 Mobile App License

Subject to these Terms, InspectionX grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile App on supported iOS or Android devices solely for User’s authorized inspections. The Mobile App is licensed, not sold. The restrictions in Section 5.2 apply to the Mobile App.

5.4 Device Permissions and Connectivity

The Mobile App may require access to a device’s microphone, camera, photo or media storage, location services, and network connectivity. User is responsible for granting and maintaining necessary permissions, carrier and data charges, device security, and all notices or consents required before capturing audio, images, video, geolocation, or other information at an inspection site. Audio recording may be regulated by federal and state wiretapping, interception, and consent laws, including laws in certain jurisdictions requiring consent from all parties to a recording. User is solely responsible for compliance with those laws.

5.5 Updates and Compatibility

InspectionX may automatically deliver updates, patches, or new versions of the Mobile App or other Services. Continued use may require acceptance and installation of updates. InspectionX is not obligated to support prior versions. User is responsible for ensuring that its devices meet published technical requirements. InspectionX is not liable for performance issues, data loss, or unavailability caused by unsupported, outdated, modified, rooted, or jailbroken hardware or operating systems.

5.6 Usage Verification

InspectionX may monitor Service usage, Account activity, device and access information, Orders, report generation, exports, and integrations to administer pricing and licenses, verify compliance, protect security, prevent misuse, and enforce these Terms, in accordance with applicable law and the Privacy Policy.

6. User Data, Inspection Data, and Platform Improvement

6.1 Ownership of User Data

As between the parties, User owns all right, title, and interest in and to User Data, subject to the rights granted to InspectionX in these Terms. InspectionX does not acquire ownership of User Data merely because it is submitted to or generated through the Services.

6.2 License to Provide the Services

User grants InspectionX and its service providers a non-exclusive, worldwide, royalty-free license to access, host, store, reproduce, transmit, display, modify, format, analyze, process, and otherwise use User Data as reasonably necessary to provide, operate, secure, maintain, support, improve, and administer the Services; perform Orders and Program Terms; provide report-delivery and client-facing functionality; follow User’s instructions; prevent misuse; and comply with law.

6.3 User Responsibilities and Warranties

User represents and warrants that:

• User has all rights, permissions, notices, consents, licenses, and legal bases necessary for InspectionX and its service providers to process User Data as contemplated by the Services and these Terms;
• User Data is accurate and complete to the extent reasonably necessary for the Services and will be updated where material circumstances change;
• User Data and its collection, recording, upload, use, disclosure, and delivery do not infringe, misappropriate, or violate intellectual-property, privacy, confidentiality, publicity, contractual, recording-consent, or other rights;
• User will provide all notices and obtain all permissions or consents required before recording or capturing audio, images, video, geolocation, personal information, or other content at an inspection site; and
• User will use User Data and information obtained through the Services in accordance with applicable inspection, licensing, privacy, consumer-protection, recording, professional, contractual, and other laws and requirements.

6.4 Information About Third Parties at Inspection Sites

Inspection Data may include information about property owners, occupants, tenants, inspection clients, real estate professionals, contractors, children present at a property, and other persons who are not Users. User determines why and how that information is collected and used in connection with User’s inspection, and InspectionX generally processes it on User’s behalf. User is responsible for ensuring that collection and use are lawful and appropriately limited to the inspection and related authorized purposes.

6.5 Derived Data and Platform Improvement

InspectionX may collect, store, process, and use User Data and Usage Data to provide, operate, secure, maintain, support, and improve the Services and InspectionX’s other products and services. InspectionX may use User Data and Usage Data to develop, train, fine-tune, evaluate, test, and improve its algorithms, artificial-intelligence and machine-learning models, model weights, prompts, and related technology; provided that, to the extent User Data used for model development, training, fine-tuning, evaluation, testing, or improvement contains personal information, InspectionX will first deidentify or aggregate the information so the information used for those purposes is Derived Data.

As between the parties, InspectionX owns all Usage Data, Derived Data, model weights, and improvements to its algorithms, models, prompts, and related technology and may use, retain, and commercialize them for any lawful purpose during and after the Term. InspectionX may create, use, sell, or license statistical, market, benchmarking, trend, and other aggregated or deidentified insights derived from User Data and Usage Data, provided that those insights do not identify and cannot reasonably be linked to User, Authorized Personnel, an individual, or an individual property. InspectionX will maintain Derived Data in deidentified form and will not attempt to reidentify it except as permitted by applicable law.

6.6 Third-Party AI and Model Providers

InspectionX may transmit Inspection Data to third-party AI or model providers as necessary to provide requested Service functionality. InspectionX requires providers acting on its behalf to process identifiable Inspection Data only for authorized purposes and, where applicable, contractually restricts their use of identifiable Inspection Data to train or improve general-purpose models. InspectionX does not sell personal information for AI model training and does not make identifiable Inspection Data available to other InspectionX users for model-training purposes.

6.7 Report Export and Deletion on Request

Upon written request by User, whether during the Term or following termination, InspectionX shall, within a commercially reasonable period not to exceed sixty (60) days: (a) make available to User, in a commercially reasonable and usable format, a copy of the inspection reports and associated images User generated through the Services; and/or (b) delete such reports and images from InspectionX’s production systems. InspectionX shall delete such reports and images from routine backups in the ordinary course of backup rotation. Where User accesses the Services under Program Terms, InspectionX may also provide a copy of User’s reports to the applicable franchisor or program partner upon cancellation or termination to the extent required by the applicable Program Terms.

6.8 Retained Materials and Recordkeeping

Neither the export nor deletion of reports or images under Section 6.7, nor any other deletion request, requires InspectionX to provide, return, alter, or delete Usage Data, Derived Data, model weights, learnings, training, algorithms, prompts, or model or Platform improvements developed by InspectionX, all of which InspectionX may retain and use in accordance with Section 6.5. User is responsible for maintaining copies of reports, images, records, and other materials required for User’s licensing, contractual, insurance, professional, tax, legal, or state-law recordkeeping obligations. InspectionX’s retention of information does not satisfy User’s independent recordkeeping obligations.

7. AI-Assisted Content and Professional Responsibility

7.1 Nature of the Platform

The Platform uses artificial intelligence, machine-learning technology, and automated tools to assist in drafting, organizing, and generating inspection reports and related content. Output is generated automatically and may contain errors, omissions, inaccuracies, inconsistencies, or outdated information.

7.2 User Review and Approval

User is solely responsible for reviewing, verifying, editing, and approving all Output before delivering, submitting, publishing, or relying upon it. The Platform is a drafting, workflow, and productivity tool and is not a substitute for User’s own professional inspection, on-site observation, judgment, expertise, or required inspection procedures. InspectionX does not perform inspections, does not verify the accuracy or completeness of any inspection finding, and is not responsible for the content of any report User issues.

7.3 Professional and Legal Compliance

User is solely responsible for ensuring that use of the Services and each report or other deliverable User issues complies with all applicable laws, licensing and certification requirements, standards of practice, inspection agreements, franchise or association requirements, insurance obligations, disclosure requirements, professional and ethical duties, and other obligations applicable to User.

7.4 Third-Party Data and Recall Information

Property, permit, appliance, product, serial-number, recall, repair, and similar information may be obtained from third-party or public sources and may be incomplete, delayed, inaccurate, or unavailable. User must independently verify material information before relying on it or including it in a report. InspectionX does not guarantee that all applicable recalls, permits, product information, defects, or conditions will be identified.

7.5 No Professional Advice

Nothing produced by or through the Services constitutes legal, engineering, structural, environmental, code-compliance, insurance, tax, or other professional advice from InspectionX. Where specialized advice is appropriate, User and Report Recipients should consult a qualified professional.

8. Intellectual Property Rights, Feedback, and Marks

8.1 InspectionX Ownership

InspectionX owns and shall retain all right, title, and interest in and to the Services and InspectionX Materials, including all software, source code, object code, technology, algorithms, methods, workflows, artificial-intelligence and machine-learning models, model weights, prompts, templates, standard content, designs, interfaces, databases, inventions, trade secrets, copyrights, patent rights, patentable subject matter, and other intellectual-property rights. No ownership rights are transferred to User under these Terms.

8.2 Feedback

If User provides suggestions, ideas, recommendations, enhancement requests, comments, or other feedback regarding the Services (“Feedback”), User grants InspectionX a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, commercialize, and otherwise exploit the Feedback without restriction, attribution, or compensation. Feedback does not include User Data merely because it is submitted through a support request.

8.3 InspectionX Marks

InspectionX, the InspectionX name and logo, and related product and service names, designs, and slogans are trademarks or service marks of InspectionX or its licensors. Except for the limited permission in Section 8.5, User may not use them without InspectionX’s prior written consent.

8.4 Publicity License

User grants InspectionX a limited, non-exclusive, royalty-free, revocable license to use User’s name, trademarks, and logos solely to identify User as a user of the Services in InspectionX’s marketing, sales, promotional materials, website, social media, presentations, and customer lists. User may revoke this license at any time by written notice to legal@inspectionx.ai.

8.5 User Use of InspectionX Marks

InspectionX grants User a limited, non-exclusive, royalty-free, revocable license to use InspectionX’s name, trademarks, and logos solely to identify InspectionX as a supplier of User’s inspection technology and in accordance with InspectionX’s brand guidelines. Any other use requires InspectionX’s prior written approval.

8.6 Ownership of Marks

Each party retains all right, title, and interest in its own marks, and all goodwill arising from the other party’s use inures solely to the owner. Neither party shall register or attempt to register the other party’s marks, or any confusingly similar mark, domain, or keyword, or use the other party’s marks in a manner that is disparaging or implies an endorsement or relationship beyond that authorized by these Terms. Upon termination, each party shall cease use of the other party’s marks within a commercially reasonable period.

8.7 Copyright Complaints

If you believe material available through the Services infringes your copyright, please send a notice containing the information required by the Digital Millennium Copyright Act to InspectionX AI, Inc., Attn: Legal, 6115 Stirling Road, Suite 211X, Davie, Florida 33314, United States, or legal@inspectionx.ai. InspectionX may remove or disable access to allegedly infringing material and may terminate repeat infringers.

9. Acceptable Use

User shall not, and shall not permit Authorized Personnel or any other person to:

• submit, create, or use false, fraudulent, fabricated, unlawfully altered, or materially misleading inspection findings, reports, records, photographs, recordings, or other information;
• use the Services to conceal, manipulate, backdate, or improperly alter inspection evidence, report history, metadata, or audit trails;
• impersonate another person or organization or misrepresent authority, affiliation, qualification, license, certification, or identity;
• capture, upload, or disclose audio, images, video, personal information, or other content without legally required permission or authorization;
• harvest personal information, credentials, inspection information, User Data, or report-recipient information without authorization;
• upload malware, malicious code, corrupted files, or material intended to interfere with or compromise the Services;
• probe, scan, test, exploit, or attempt to compromise the security, authentication, availability, or integrity of the Services;
• transmit spam, deceptive communications, or unsolicited marketing through or in connection with the Services;
• use the Services in a manner that infringes or violates intellectual property, privacy, confidentiality, publicity, contractual, consumer-protection, recording, or other rights;
• use the Services to facilitate unlawful discrimination, fraud, deceptive practices, or other unlawful activity; or
• use the Services in any manner that InspectionX reasonably determines creates material legal, security, privacy, professional, reputational, or business risk.

InspectionX may investigate suspected violations, preserve evidence, restrict content, suspend Accounts, notify an applicable program partner where permitted, and cooperate with regulators, law enforcement, courts, or other authorities as permitted or required by law.

10. Privacy, Data Protection, and Communications

10.1 Privacy Policy

InspectionX’s Privacy Policy, available at https://inspectionx.ai/privacy, describes how InspectionX collects, uses, discloses, retains, and protects personal information and is incorporated into these Terms by reference. By using the Services, you acknowledge that you have had an opportunity to review the Privacy Policy.

10.2 Roles and Responsibilities

For account, billing, Website, security, support, and similar business information, InspectionX determines the purposes and means of processing as described in the Privacy Policy. For Inspection Data submitted or generated by User in connection with an inspection, InspectionX generally processes personal information on User’s behalf and under User’s instructions, while User determines the purposes of collection and is responsible for the lawfulness of that collection and use. InspectionX acts independently with respect to Derived Data and other processing described in Section 6.5 and the Privacy Policy.

10.3 Restrictions on Personal Information

InspectionX does not sell personal information in exchange for money and does not use Inspection Data for third-party targeted advertising. InspectionX may process personal information to provide, operate, secure, maintain, support, administer, and improve the Services and for other purposes described in the Privacy Policy and these Terms.

10.4 Security and Incident Notification

InspectionX maintains reasonable administrative, technical, and physical safeguards designed to protect personal information. No method of transmission or storage is completely secure, and InspectionX cannot guarantee absolute security. InspectionX shall notify User without unreasonable delay of a breach of security resulting in the unauthorized acquisition of User’s personal information where notification is required by applicable law or contract and will take reasonable steps to preserve relevant evidence consistent with its incident-response practices.

10.5 Cookies and Device Permissions

The Website and Services may use cookies, pixels, tags, local storage, scripts, authentication tokens, and similar technologies. The Mobile App may use device permissions for microphone, camera, photos or media, location, and network access. Additional information and available choices are described in the Privacy Policy and device or browser settings.

10.6 Electronic Communications

By creating an Account, placing an Order, participating in a program, or providing contact information, User consents to receive account, Order, billing, report, product, policy, security, support, and other transactional or relationship communications electronically. Electronic communications satisfy any legal requirement that a communication be in writing, except where applicable law requires another method. User is responsible for maintaining current contact information and monitoring communications.

10.7 Marketing Communications

User may opt out of marketing emails using the unsubscribe instructions in the communication. InspectionX may continue to send non-marketing Service, Account, billing, security, legal, and other relationship communications.

11. Third-Party Services, Integrations, and App Stores

11.1 Third-Party Services and Integrations

The Services may integrate with, link to, exchange information with, or depend on third-party products, websites, applications, inspection software, scheduling tools, data providers, payment providers, communications services, cloud infrastructure, social media services, or other offerings (“Third-Party Services”). Third-Party Services are governed by their own terms, licenses, privacy notices, data practices, and availability.

11.2 No Responsibility for Third Parties

InspectionX does not control and is not responsible for Third-Party Services, including their content, data, accuracy, completeness, security, availability, performance, decisions, or practices. InspectionX does not warrant continued compatibility or availability of an integration or external data source. A third party may change or discontinue its service, API, data, requirements, or relationship with InspectionX at any time.

11.3 User-Enabled Integrations

If User enables an integration or requests functionality that depends on an external service or data source, User authorizes InspectionX to exchange information as reasonably necessary to provide the requested functionality and represents that the integration and related data exchange are authorized and appropriate for User’s use.

11.4 App Stores

Use of the Mobile App is also subject to the applicable app store’s terms. The applicable app store provider is not a party to these Terms and is not responsible for the Mobile App, maintenance, support, warranties, or claims except to the extent required by its terms. User must comply with applicable app-store rules.

12. Confidentiality

12.1 Confidential Information

“Confidential Information” means information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is designated confidential or reasonably should be understood to be confidential given its nature or the circumstances of disclosure. InspectionX’s Confidential Information includes non-public Services, features, pricing not publicly published, security information, technical information, product-roadmap information, models, methods, prompts, and Documentation. User’s Confidential Information includes non-public User Data and personal information. Confidential Information does not include information that the Receiving Party can demonstrate: (a) is or becomes public through no wrongful act; (b) was lawfully known without restriction before disclosure; (c) is lawfully received from a third party without a confidentiality duty; or (d) is independently developed without reference to the Confidential Information.

12.2 Obligations

The Receiving Party shall employ commercially reasonable security precautions to hold the Disclosing Party’s Confidential Information in confidence, use it only for purposes of these Terms and applicable Supplemental Terms, and disclose it only to employees, contractors, service providers, and professional advisors who need to know it and are bound by confidentiality obligations at least as protective as those in this Section.

12.3 Required Disclosure

The Receiving Party may disclose Confidential Information to the extent required by law, court order, regulator, or governmental authority, provided it gives reasonable advance notice where legally permitted and discloses only the information legally required.

12.4 Injunctive Relief

Each party acknowledges that a breach of this Section may cause injury for which monetary damages are inadequate and that the Disclosing Party may seek injunctive or other equitable relief in addition to any other remedy.

12.5 Survival

The obligations in this Section survive termination indefinitely with respect to trade secrets and for three (3) years after termination with respect to other Confidential Information.

13. Representations, Warranties, and Disclaimers

13.1 Mutual Authority

Each party represents that it has the legal authority to enter into these Terms and perform its obligations under them.

13.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR APPLICABLE SUPPLEMENTAL TERMS, THE SERVICES, INSPECTIONX MATERIALS, OUTPUT, THIRD-PARTY DATA, AND ALL RELATED CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSPECTIONX DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SECURITY, AVAILABILITY, AND RESULTS.

13.3 Specific Disclaimers

WITHOUT LIMITING THE FOREGOING, INSPECTIONX DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT A PARTICULAR TIME OR LOCATION; (B) DEFECTS WILL BE CORRECTED; (C) OUTPUT, REPORT CONTENT, TRANSCRIPTIONS, COMMENTS, LABEL ANALYSIS, PROPERTY INFORMATION, PRODUCT INFORMATION, RECALL INFORMATION, OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR A PARTICULAR INSPECTION; (D) USE OF THE SERVICES WILL SATISFY ANY LICENSING AUTHORITY, STANDARD OF PRACTICE, FRANCHISOR, ASSOCIATION, INSURER, CLIENT, OR THIRD PARTY; OR (E) USE OF THE SERVICES WILL IDENTIFY EVERY DEFECT, CONDITION, RECALL, SAFETY ISSUE, OR OTHER MATTER OR PREVENT A CLAIM, LOSS, INJURY, PROPERTY DAMAGE, OR OTHER ADVERSE OUTCOME.

Some jurisdictions do not permit exclusion of certain warranties. In those jurisdictions, InspectionX’s warranties are limited to the maximum extent permitted by law.

14. Indemnification

14.1 By User

User shall indemnify, defend, and hold harmless InspectionX and its affiliates, officers, directors, employees, agents, contractors, service providers, licensors, successors, and assigns from and against all third-party claims, actions, investigations, damages, judgments, settlements, penalties, fines, costs, expenses, and losses, including reasonable attorneys’ fees, arising out of or relating to:

• any inspection performed by User or Authorized Personnel or any report User issues, including a claim that a report was inaccurate, incomplete, misleading, or failed to identify a condition;
• User’s breach of these Terms, an Order Form, Program Terms, or applicable law, licensing requirements, standards of practice, contractual obligations, or professional duties;
• User Data, including a claim that User Data infringes, misappropriates, or violates a third party’s intellectual-property, privacy, confidentiality, recording-consent, publicity, or other rights or was submitted without necessary rights or consents;
• User’s collection, recording, upload, disclosure, or use of audio, photographs, video, geolocation, personal information, or other information at an inspection site;
• User’s negligence, willful misconduct, fraud, or violation of another person’s rights; or
• the acts or omissions of User’s Authorized Personnel or persons using User’s Account or credentials.

14.2 By InspectionX

InspectionX shall indemnify, defend, and hold harmless User from and against third-party claims alleging that User’s authorized use of the Platform infringes a United States patent, copyright, or trademark and shall pay damages finally awarded or settlement amounts approved by InspectionX. This obligation does not apply to claims arising from: (a) User Data or Output as edited or used by User; (b) use of the Platform in combination with anything not provided by InspectionX; (c) modification not made by InspectionX; or (d) use of the Platform in violation of these Terms or Documentation. If the Platform becomes, or InspectionX reasonably believes it may become, subject to such a claim, InspectionX may, at its option, procure the right to continue use, modify or replace the affected Platform, or terminate User’s access and refund prepaid, unused fees, if any. This Section states InspectionX’s sole liability and User’s sole remedy for infringement claims.

14.3 Procedure

The indemnified party shall promptly notify the indemnifying party of a claim, give the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party may not settle a claim in a manner that admits liability by or imposes non-monetary obligations on the indemnified party without the indemnified party’s prior written consent, not to be unreasonably withheld.

15. Limitation of Liability

15.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITY, OR LOSS OF DATA; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 InspectionX Liability Cap

EXCEPT AS SET FORTH IN SECTION 15.3, INSPECTIONX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, AN ORDER FORM, OR APPLICABLE PROGRAM TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY USER TO INSPECTIONX DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THIS LIMIT.

15.3 Exclusions

The limitations in this Section do not apply to: (a) User’s obligation to pay amounts due; (b) a party’s breach of its confidentiality obligations under Section 12; (c) User’s indemnification obligations under Section 14.1; or (d) a party’s gross negligence or willful misconduct. Nothing in these Terms limits liability that cannot lawfully be excluded or limited.

15.4 Basis of the Bargain

User acknowledges that the fees for the Services reflect the allocation of risk in these Terms and that InspectionX would not make the Services available on these terms without these limitations.

16. Term, Suspension, and Termination

16.1 Term

These Terms commence on the date User first accepts them or first accesses or uses the Platform and continue until terminated in accordance with this Section (the “Term”).

16.2 Termination by User

User may terminate at any time by cancelling its Account. Unless otherwise stated in an Order Form or Program Terms, termination is effective at the end of the then-current billing period. User remains responsible for all fees accrued through the effective date of termination.

16.3 Suspension and Termination by InspectionX

InspectionX may suspend, restrict, or terminate User’s access: (a) immediately upon User’s material breach of these Terms, including nonpayment or violation of Section 5.2 or Section 9; (b) immediately if required by law or if User’s use creates a material security, privacy, legal, professional, or operational risk; (c) at the request of an applicable program partner where authorized by Program Terms; or (d) for convenience upon thirty (30) days’ written notice, in which case InspectionX shall refund any prepaid, unused fees for Services not provided.

16.4 Effect of Termination

Upon termination, User’s license and access rights terminate and User shall cease access to the Services and restricted InspectionX Materials. User may request export or deletion of reports and images in accordance with Section 6.7. InspectionX may disable Accounts and integrations, and User Data will be handled in accordance with Section 6, the Privacy Policy, Program Terms, and applicable law.

16.5 Survival

Termination does not affect accrued payment obligations. Provisions that by their nature should survive termination will survive, including ownership, User Data warranties, Derived Data and retained-material rights, Feedback, confidentiality, disclaimers, indemnification, limitation of liability, dispute resolution, and general provisions.

17. Dispute Resolution; Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal Resolution

Before initiating arbitration, the party raising a dispute shall send written notice describing the dispute and relief sought to the other party. The parties shall attempt in good faith to resolve the dispute for thirty (30) days following receipt of the notice. This requirement does not prevent a party from seeking temporary or emergency equitable relief or taking action necessary to preserve a claim.

17.3 Binding Arbitration

EXCEPT FOR THE MATTERS DESCRIBED IN SECTION 17.4 OR IF USER TIMELY OPTS OUT UNDER SECTION 17.7, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules before a single arbitrator and conducted in English. The arbitration shall be seated in Broward County, Florida, or, at User’s election, in the county of User’s principal place of business, or conducted by videoconference as permitted by the AAA rules. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator’s authority is limited to these Terms and the arbitrator may not award relief in excess of or contrary to what these Terms and applicable law permit.

17.4 Exceptions

Notwithstanding Section 17.3, either party may: (a) bring an eligible individual action in small claims court; and (b) seek temporary, preliminary, or permanent injunctive or other equitable relief in a state or federal court located in Delaware for actual or threatened infringement or misappropriation of intellectual property, unauthorized access or use, or breach of confidentiality obligations. The parties consent to personal jurisdiction in those courts for those purposes.

17.5 Class Action Waiver

THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

If this class-action waiver is held unenforceable as to a particular claim, that claim shall be severed from arbitration and brought in the courts identified in Section 17.4, while all other claims remain subject to arbitration.

17.6 Fees and Costs

Each party shall bear its own attorneys’ fees and costs, and the parties shall share the arbitrator’s fees and administrative costs equally, except that the arbitrator may reallocate fees and costs to the extent authorized by applicable law or the AAA rules or where a claim is found to be frivolous.

17.7 Arbitration Opt-Out

User may opt out of Sections 17.3 and 17.5 by sending written notice to legal@inspectionx.ai within thirty (30) days after first accepting these Terms. The notice must identify User and state clearly that User is opting out of binding arbitration. Opting out does not affect any other provision of these Terms.

17.8 Court Venue and Jury-Trial Waiver

If User timely opts out, or if the arbitration agreement is held unenforceable in its entirety, any action arising out of or relating to these Terms or the Services shall be brought exclusively in a state or federal court located in Delaware, and the parties submit to the personal jurisdiction of those courts. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY.

17.9 Limitations Period

Any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim accrues or it is permanently barred, except where a longer period is required by applicable law and may not be shortened by agreement.

18. Changes to the Services and Terms

18.1 Changes to the Services

InspectionX may update, modify, add, discontinue, or replace features or functionality of the Services. User remains responsible for verifying that the Services continue to meet User’s needs and for reviewing Output following an update. Where practicable, InspectionX will provide notice of a material change that materially reduces paid functionality.

18.2 Changes to These Terms

InspectionX may modify these Terms from time to time. InspectionX will provide notice of material changes by email, through the Platform, or another legally sufficient method at least thirty (30) days before the changes take effect. Continued use after the effective date constitutes acceptance. If User does not agree, User may terminate in accordance with Section 16.2. A change to the arbitration provisions will not apply retroactively to a dispute of which InspectionX had actual written notice before the change became effective.

19. Force Majeure

Neither party shall be liable for delay or failure of performance caused by circumstances outside its reasonable control, including acts of God, severe weather, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, material shortages, epidemics, pandemics, governmental action, utility or telecommunications failure, internet or cloud-service failure, cyberattack, denial-of-service attack, app-store action, third-party service failure, or supply-chain disruption. Any suspension of performance shall be limited to the period during which the event exists. This Section does not excuse or delay any obligation to pay amounts due.

20. United States Use; Export Controls; Sanctions

InspectionX offers the Services for use in the United States and does not intentionally offer or market them to individuals outside the United States. If you are located outside the United States, do not use the Services or submit personal information unless InspectionX has expressly authorized your use. You may not access, export, reexport, transfer, release, or use the Services, software, technology, or technical data in violation of United States or other applicable export-control or sanctions laws. You represent that you are not located in a jurisdiction subject to comprehensive United States sanctions and are not identified on an applicable government restricted-party list.

21. General Provisions

21.1 Entire Agreement

These Terms, the Privacy Policy, applicable Order Forms, Program Terms, and other Supplemental Terms constitute the entire agreement between the parties concerning the Services and supersede prior or contemporaneous discussions and understandings concerning that subject matter. Any terms in a User purchase order or similar document are void and have no effect unless InspectionX expressly agrees in a signed writing.

21.2 Notices

Notices to InspectionX concerning breach, termination, nonrenewal, arbitration opt-out, or legal claims must be in writing and sent to legal@inspectionx.ai or by overnight courier or certified mail to InspectionX AI, Inc., 6115 Stirling Road, Suite 211X, Davie, Florida 33314. Notices to User may be sent to the email address associated with User’s Account or delivered through the Services. Notices are effective upon receipt or confirmed electronic delivery.

21.3 Severability

If any provision is invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted and the validity, legality, and enforceability of the remaining provisions will not be affected. The parties intend that an invalid provision be modified to most closely reflect its lawful purpose.

21.4 Assignment

User may not assign or transfer these Terms without InspectionX’s prior written consent, except to a successor in connection with a merger or sale of substantially all of User’s assets. InspectionX may assign or transfer these Terms to an affiliate or in connection with a merger, reorganization, financing, sale of equity, sale of substantially all assets, or similar transaction. Subject to the foregoing, these Terms bind and benefit permitted successors and assigns.

21.5 Delegation and Service Providers

InspectionX may use affiliates, contractors, hosting providers, payment processors, AI and model providers, communications providers, analytics providers, support providers, integration providers, and other service providers to provide the Services. InspectionX remains responsible for its contractual obligations to the extent stated in these Terms or applicable Supplemental Terms.

21.6 Compliance with Laws

Each party will comply with laws and regulations applicable to its business and obligations under these Terms, including applicable privacy, database, copyright, trademark, patent, trade-secret, export-control, sanctions, and anti-bribery laws. User remains solely responsible for laws and professional requirements applicable to property inspections and User’s use of the Services.

21.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, franchise, employment, professional-inspection, engineering, legal, or other relationship not expressly stated in applicable Supplemental Terms. Neither party may bind the other without written authority.

21.8 No Third-Party Beneficiaries

Except as expressly stated for indemnified parties or an app-store provider where required by its terms, there are no third-party beneficiaries to these Terms.

21.9 Waiver

No failure or delay in exercising a right constitutes a waiver. A waiver must be in writing, signed by the waiving party, and applies only to the specific instance stated.

21.10 Interpretation and Electronic Acceptance

Headings are for convenience only. “Including” means “including without limitation.” “Or” is inclusive. References to laws include amendments and successor provisions. User’s acceptance by electronic click-through, electronic signature, Order acceptance, or commencement of use is binding and has the same legal effect as a handwritten signature to the extent permitted by law.

21.11 Contact Information

Questions about these Terms may be directed to:

InspectionX AI, Inc.
Attn: Legal
6115 Stirling Road, Suite 211X
Davie, Florida 33314
United States

Email: legal@inspectionx.ai
Support: support@inspectionx.ai
Phone: (321) 475-1188

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https://inspectionx.ai/