NspectPro for iOS
Effective Date: July 26, 2017
Last Updated Date: July 26, 2017
IMPORTANT – Read carefully before accessing websites, using software, mobile applications or any online services (collectively, the “Service”) provided to you by or on behalf of Instaspection Inc. (referred to as “Instaspections”). By using the Service, you indicate your acceptance of the following agreement and any other associate documentation. If you do not agree to the terms of this agreement, DO NOT use the Service.
"Service" means websites, online services, software programs, mobile applications developed by Instaspections Inc., software under NspectPro trademark or brand, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs.
“Content” means your files, data, images, documents, scripts, codes or similar material or information submitted or transmitted to, or stored or otherwise used in connection with the Service, including your specific output generated by Instaspections Service.
“You”, “Your”, “User” means and refers to the person(s) or legal entity using the Service or otherwise exercising rights under this Agreement. If you are entering into this Agreement on behalf of your company, organization or educational institution, "You" or "Your" refers to your company, organization or educational institution as well.
"Apple" means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A.
“Instaspections” means Instaspections Inc., a corporation with its principal place of business at 12923 Cypress Ln, Plainfield, Illinois, 60585-2987, U.S.A.
This agreement, including any additional provisions set forth in any other associated documentation, is a legal agreement between you and Instaspections Inc. By accessing or using the Service, you accept all terms and conditions of this agreement and any other associate documentation. If you do not agree to the terms of this agreement, DO NOT use the Service.
Changes to the terms of this agreement
Instaspections may change the terms of this Agreement at any time. You must accept and agree to the new terms of this Agreement to continue using the Service. If you do not agree to new terms, DO NOT use Service.
To use the Service you must agree to represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Ownership: You maintain ownership of and responsibility for your Content while using the Service, including but not limited to your files, data, images, documents, scripts, codes or similar material or information submitted or transmitted to, or stored or otherwise used in connection with the Service by you, your specific output generated by the Service, if any. By creating, submitting or transmitting to, posting or otherwise making your Content available to Instaspections and/or others, you acknowledge and agree that (a) you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Content, (b) you will evaluate and bear all risks associated with your Content, and (c) under no circumstances will Instaspections and/or its affiliates be liable in any way for your Content as you transmit or otherwise use it, including but not limited to any errors or omissions.
Availability and Security: While Instaspections will use commercially reasonable efforts to provide you with continuous access to its service, Instaspections does not guarantee that your Content will be available or useable by you following the termination of your subscription or otherwise. Moreover, Instaspections does not guarantee the security of your Content. You are encouraged to practice effective and secure content retention practices.
Legal Disclosure: Instaspections may disclose Confidential Information if it is compelled by law to do so, provided that we give you prior notice of such compelled disclosure (to the extent legally permitted). You agree and acknowledge that Instaspections may access and disclose your Content to comply with any legal obligations or governmental or regulatory body request (including subpoenas or court orders), as part of a legal proceeding involving Instaspections and/or its affiliates, agents, licensors and each of their respective officers, directors and employees, or at your request. If disclosure is made at your request, you may be responsible for the cost of compiling and providing access to such Content.
Feedback: If you choose to provide Instaspections with ideas, suggestions, improvements, documents, proposals and/or other feedback with respect to Instaspections Products and Services, including but not limited to problems and errors encountered in using the Service, and ideas for enhancements of the Service, we shall be free to use such materials in any manner and for any purpose (including, without limitation, incorporation in Instaspections’ products, services and advertising and marketing materials, and developing and marketing products and services) without liability or compensation to you or restriction of any kind. You hereby assign to Instaspections all right, title, and interest to all such information provided to Instaspections, and all enhancements resulting from such information, and all property rights therein including, without limitation, all patent, copyright, trade secret, trademark, moral right or other intellectual property rights.
Monitoring and Investigations: Instaspections may, but is not obligated to, monitor or review Public Documents, and/or posts to Instaspections’ community forum. Without limiting the foregoing, Instaspections shall have the right to remove any of your publicly accessible Content or forum posts that violate this Agreement, with or without prior notice to you. If Instaspections becomes aware of any possible violations by you of any provision of this Agreement, Instaspections reserves the right to investigate such violations and may, at its sole discretion, suspend or terminate your license to use Instaspections, with or without prior notice to you.
Right to use service
License: Instaspections hereby grants to you a non-exclusive, non- transferable, non-sublicensable, revocable right to use the Service. Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Ownership: You acknowledge that (i) all right, title, and interest in and to the Service, the Software, and the online or other documentation (including online videos) provided by Instaspections describing the Service and its use (the “Documentation”), and all patents, copyrights, trade secret rights, trademarks, trade names, and other proprietary rights embodied therein or associated therewith, are and shall remain with Instaspections and/or its third party licensors. (ii) this Agreement conveys no right or interest in the Service, the Software or Documentation other than a limited right to use the Service in accordance herewith; and (iii) the Service, Software, and Documentation are protected by the copyright laws of the United States and international treaties.
Hardware; Passwords: You are responsible for obtaining and maintaining all of the hardware, software, Internet access, and other products and services that you may need to use the Service. You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information (collectively, “Passwords ”) that are provided to you or that are generated in connection with your use of the Service. You are fully and solely responsible for all activities that occur on the Service under your Passwords.
Testing: We continually update the Service. In addition, we continually test various aspects of the Service, including Instaspections website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using the Instaspections Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
Suspension of Service: Instaspections reserves the right to suspend your subscription anytime with or without notification in order to protect Instaspections and you from what we believe to be fraudulent activity. Your access to, and use of, the Service may be suspended temporarily for the duration of any scheduled maintenance or unscheduled downtime or unavailability of any portion, or all, of the Service for any reason, including as a result of power outages, system, or Internet failures or other interruptions. You acknowledge that Instaspections is not obligated to credit or discount a paid subscription for the suspension of service in any circumstance.
Applications from iTunes
The following applies to any Apple App Store Sourced Applications:
You acknowledge and agree that (i) the terms of this Agreement are concluded between you and Instaspections only, not Apple, and (ii) Instaspections, not Apple, is solely responsible for the Apple App Store Sourced Application and content thereof. Your use of the Apple App Store Sourced Application must comply with the Apple App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced Application.
In the event of any failure of the Apple App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Sourced Application. As between Instaspections and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Instaspections.
You and Instaspections acknowledge that, as between Instaspections and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Sourced Application or your possession and use of the Apple App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Instaspections acknowledge that, in the event of any third-party claim that the Apple App Store Sourced Application or your possession and use of that Apple App Store Sourced Application infringes that third party’s intellectual property rights, as between Instaspections and Apple, Instaspections, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Instaspections acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the Apple App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third party terms of agreement when using the Apple App Store Sourced Application.
By using the Service provided by Instaspections, you agree not to do the following:
- Attempt to copy, alter, modify, adapt, translate, or create derivative works of the Service.
- Attempt to remove or alter any proprietary notice or legends appearing in the Service.
- Analyze the Service for purposes competitive to Instaspections, or access or otherwise use the Service in order to build a similar or competitive service offering.
- Attempt to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of the Service, or create derivative works, compilations, or collective works thereof.
- Attempt to export or use any component of the Service on a standalone basis.
- Allow unauthorized access to, or use of, the Service.
- Use robot, or other automated means to access the Service.
- Upload, post, email or otherwise send or transmit any material, including any software viruses or other computer code, files or programs, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service.
- Use the Service in any unauthorized or inappropriate way whatsoever, as determined in Instaspections reasonable judgment, including but not limited to, by trespass or burdening network capacity.
- Use the Service in any manner to, in Instaspections’ sole judgment, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
- Post for public viewing Content that violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, or that is in Instaspections’ sole judgment defamatory, vulgar, obscene, libelous, objectionable or inappropriate, or likely to promote illegal, harmful or objectionable activities.
Instaspections may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. The terms of subscription are disclosed on our websites (www.instaspections.com) and/or on third-party providers’ websites, or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our subscription plans at any time, in our sole and absolute discretion.
Auto-renewal Subscription: Your free or paid subscription will automatically continue (month-to-month for a paid subscription, year-to-year in the case of an annual paid subscription), unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us or our third-party providers you are purchasing the subscription with a current, valid accepted payment method in order to purchase and use a paid subscription. We or our third-party providers whom you have made your purchase with will bill your subscription fees to your Payment Method. You must downgrade or cancel your subscription before it automatically renews in order to avoid billing of the next period’s subscription fees to your Payment Method.
Recurring Billing: By starting your paid subscription and providing or designating a Payment Method, you authorize us or third-party providers to charge you a subscription fee at the current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each period may vary for reasons that may include promotional offers, and/or changing a plan, and you authorize us or third-party providers to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
Price Changes: We reserve the right to adjust pricing of the Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to the Service will take effect following notice to you provided via email or notification within the Service.
Billing Cycle: The subscription fee for the Service will be billed at the beginning of your paid subscription period and each anniversary date thereafter, except you downgrade to a free subscription or cancel your subscription. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paid subscription. We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. In the event your paid subscription began on a day not contained in a given month or year, we will bill your Payment Method on an alternative day in the applicable month or year as we deem appropriate. For example, if you started a paid monthly subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.
Refunds and Credits: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to any or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at Instaspections’ sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstances.
Taxes: You shall be responsible for paying all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of your paid use of the Service under this Agreement. You shall reimburse Instaspections for the amount of any such taxes or duties paid or incurred directly by Instaspections as a result of such paid use, and you agree that Instaspections may charge any such reimbursable taxes to your Payment Method.
Downgrades and Cancellation: You may downgrade from a paid subscription to a free subscription, or cancel your subscription, at any time. If you cancel your subscription, you are responsible for exporting your Content prior to cancelling.
Instaspections will, as part of the Service, provide such support with respect to the Service as Instaspections deems appropriate.
Disclaimer of warranties
The Service is provided on an “as is” and “as available” basis, without warranty of any kind. INSTASPECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the foregoing, Instaspections does not warrant that (i) the Service will meet your requirements; or (ii) the Service will operate without interruption or be error free. Furthermore, Instaspections is not responsible for delays, delivery failures, or any other unavailability, loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet. It is acknowledged that the Service may be subject to limitations, delays, and other problems inherent in the use of the Internet, servers that are hosted by third party providers, and such related network and communications infrastructure.
Limitation of liability
YOU RECOGNIZE THAT THE PRICE PAID FOR THE RIGHTS GRANTED TO YOU HEREIN MAY BE SUBSTANTIALLY DISPROPORTIONATE TO THE VALUE OF THE PRODUCTS TO BE DESIGNED, STORED, MANAGED OR DISTRIBUTED IN CONJUNCTION WITH THE SOFTWARE AND SERVICE. FOR THE EXPRESS PURPOSE OF LIMITING THE LIABILITY OF INSTASPECTIONS AND ITS LICENSORS TO AN EXTENT WHICH IS REASONABLY PROPORTIONATE TO THE COMMERCIAL VALUE OF THIS TRANSACTION, YOU AGREE TO THE FOLLOWING LIMITATIONS ON INSTASPECTIONS’ AND ITS LICENSORS’ LIABILITY. TO THE EXTENT ALLOWED BY LAW, INSTASPECTIONS LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID INSTASPECTIONS IN THE PAST 12 MONTHS. IN NO EVENT SHALL INSTASPECTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR PROFITS, WHETHER OR NOT INSTASPECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SUCH LIMITATIONS ARE FAIR AND REASONABLE IN LIGHT OF THE TERMS UNDER WHICH THE SERVICE IS BEING MADE AVAILABLE TO YOU. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY STATED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. INSTASPECTIONS THIRD PARTY LICENSORS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. INSTASPECTIONS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS), AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS, AND IN SUCH CASES INSTASPECTIONS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT DESCRIBED ABOVE THAT IS PERMITTED BY APPLICABLE LAW.
Intellectual property rights
The Service is protected by laws including without limitation the United States and other countries, and by international treaty provisions.
Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software nor grant you any rights to use any trademarks, logos or service marks belonging to Instaspections, including but not limited to the NspectPro trademarks. All rights not expressly granted are reserved by Instaspections and its third-parties.
In the event of any third party claim that the Licensed Software or the end-user's possession and use of the Software infringes that third party's intellectual property rights, Instaspection will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Instaspections will in appropriate circumstances suspend or terminate the use of the Service by, or remove or disable access to the relevant public content of, users involved in copyright disputes. If you believe that your work has been copied in a way that constitutes copyright infringement in the United States of America, please notify Instaspections of your claim of infringement by sending the following written information to us:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed.
- A description of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
- Information sufficient to permit Instaspections to contact you, such as your physical address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We reserve the right, in the case of an allegedly infringing Public Document, to make such document private while we investigate.
How to contact us
If you have any end-user questions, complaints or claims with respect to our products or services, please contact Instaspections Customer Support at email@example.com or tel. (+1) 708-287-0000.
Scope of license
Instaspections hereby grants you a non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install a reasonable number of copies of the Software on devices owned or controlled by you, to be used internally by you. Instaspections reserves the right to set the limited number of devices that each Licensee may use the Software.
The license permits ONE individual user to use the Software, unless otherwise agreed in writing by Instaspections. If you are a company, organization, educational institution or affiliated group, you therefore required to obtain licenses for each of your employees to use the Software. If you are an individual, you may use the Software on devices owned or controlled only by you and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Use of the software
Except as otherwise set forth in this Agreement, you agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Software, in whole or in part, or to enable others to do so.
You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, crack or create derivative works of the Software provided by Instaspections.
You agree not to exploit any services provided hereunder in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Any attempt to do so is a violation of the rights of Instaspections and its licensors of the Software or services. If you breach any of the foregoing restrictions, you may be subject to prosecution and damages.
By using the Software, you also agree that: (a) you will only use the Software for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations. (b) you will not use the Software for any unlawful or illegal activity or other tortious, unlawful or illegal act.
You understand and agree that Instaspections may revoke your License to use Software and related services at any time if Instaspections has notified or has a reason to believe that you breach any term or condition of this Agreement.
The use of Software and services may incur additional fees. You may use the Software free of charge, but you acknowledge that: (a) not all features and services are made available for free users. (b) you may be asked to subscribe or to pay additional fees when attempt to access premium features or services. (c) Instaspections reserves the right to grant, deny or revoke access to premium features and services.
By using additional features or premium services that incurred fees, you agree to pay Instaspections or third-party providers (such as iTunes) the fees as set forth on the Instaspections website. The fees are non-refundable. Any taxes that may be levied on the Software shall be your responsibility.
If your device is connected to the internet, the Software may, without additional notice facilitate your access to online content and services managed by Instaspections or its third-parties. Online services might include, but are not limited to: websites, cloud storage and online contents.
The Software may ask you permissions to access your data to provide you with additional contents or services. This includes but not limited to the use your current location for displaying nearby properties on the map, the use of your cellular data or Wi-Fi to access online contents. You acknowledge that you may choose not to give those permissions, and by doing so may limit the functionality of the Software or services.
Updates, support and maintenance
If your device is connected to the internet, the Software may, without additional notice check for updates that are available for automatic download and install those updates on your device.
Instaspections may extend, enhance, or otherwise modify the Software or services provided hereunder at any time without notice, but Instaspections, its third-parties and Apple shall not be obligated to provide you with any updates to the Software, nor obligated to provide any maintenance, technical or other support for the Software or services.
You acknowledge that Instaspections has no express or implied obligation to announce or make available any Updates to the Software or to any services to anyone in the future.
If updates are made available by Instaspections, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will govern.
Claims and warranty
Instaspections is responsible for addressing any claims of the end-user or any third party relating to the Licensed Software or the end-users possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any failure of the Software to conform to any applicable warranty, the End-user may notify Apple, and Apple will refund the purchase price for the Licensed Software to that enduser; and that, to the maximum extent permitted by applicable law. Instaspections, its third-parties and Apple will have no other warranty obligation whatsoever with respect to the Licensed Software.
The Software and services are delivered to you “as is” and “with all faults”. There are inherent dangers in the use of any software, and you are solely responsible for determining whether this Software is compatible with your device and other software installed on your device. Instaspection and its third-parties makes no warranties of any kind concerning the safety, suitability, lack of viruses, inaccuracies, typographical errors, or other harmful components of this Software.
Instaspections and its third-parties shall not be responsible for any damages, claims, costs, expenses or losses (including without limitation lost business opportunities or lost profits) or other liabilities you may incur as a result of installing or using the Software or services provided by Instaspection and its third-parties.
You are also solely responsible for the protection of your device and backup of your data. Instaspections and its third-parties will not be liable for any damages you may suffer in connection with installing or using this Software.