InspectCMS LLC
Combined Terms of Service & Privacy Policy — Last Updated: 01/01/2025
Terms of Service
Welcome to InspectCMS (“InspectCMS,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, software, mobile applications, and related services (collectively, the “Service”). By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. Overview of Service
InspectCMS LLC provides a cloud-based subscription software platform designed to help home inspectors manage scheduling, clients, and inspection data. The Service is provided online via subscription and may include mobile or web-based features and third-party integrations.
2. Eligibility
You must be at least 18 years old and legally able to enter into contracts to use the Service. By using the Service you represent and warrant that you meet these requirements.
3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to (a) provide accurate and up-to-date registration information; and (b) notify us immediately of any unauthorized use of your account. InspectCMS LLC is not responsible for losses caused by unauthorized use of your account due to your failure to safeguard credentials.
4. Subscription and Payment
- Access to the Service requires a paid subscription. Subscription details, fees, billing cycles, and renewal terms are provided at purchase.
- All fees are non-refundable except as required by law or expressly stated in writing.
- Failure to pay applicable fees may result in suspension or termination of your access to the Service.
5. Acceptable Use
You agree not to use the Service for unlawful, fraudulent, or abusive purposes. You will not attempt to probe, scan, or test the vulnerability of our systems, reverse-engineer the Service, copy, republish, resell, or otherwise exploit the Service without prior written permission. We reserve the right to suspend or terminate accounts that violate these terms.
6. Service Availability and Uptime
Important: We strive to maintain 99% uptime, but the Service is provided “AS IS” and “AS AVAILABLE.” InspectCMS LLC does not guarantee continuous, uninterrupted, error-free, or secure operation of the Service. We do not warrant that defects will be corrected.
InspectCMS LLC is not liable for any damages, direct or indirect, resulting from downtime, interruptions, delays, or unavailability of the Service.
7. Data Storage and Loss
You are responsible for maintaining backups of your data. While we use reasonable technical measures to store and protect data, InspectCMS LLC assumes no liability for data loss, corruption, or deletion arising from system failures, maintenance activities, user error, third-party integrations, or any other causes.
8. Intellectual Property
All software, content, trademarks, and materials provided by InspectCMS LLC are the property of InspectCMS LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service for your business operations. You may not copy, modify, distribute, or create derivative works from the Service except as expressly permitted by InspectCMS LLC in writing.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. INSPECTCMS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INSPECTCMS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSPECTCMS LLC, ITS OWNERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN NO EVENT SHALL INSPECTCMS LLC’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO INSPECTCMS LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless InspectCMS LLC and its owners, officers, employees, and agents from and against any claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service; (b) your breach of these Terms; or (c) your violation of any law or third-party rights.
12. Termination
We may suspend or terminate your account with or without notice for any reason, including non-payment or violation of these Terms. Upon termination, your right to access the Service ends immediately. We may retain certain account data as required by law or to the extent reasonably necessary for our legitimate business purposes.
13. Modifications to Terms
We may modify these Terms at any time by posting the revised Terms with a new “Last Updated” date. Continued use of the Service after posting constitutes acceptance of the revised Terms.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Florida without regard to conflicts of law rules. You agree that state or federal courts located in Pinellas County, Florida shall have exclusive jurisdiction to resolve any disputes arising under these Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and InspectCMS LLC regarding the Service and supersede all prior agreements or understandings.
Privacy Policy
InspectCMS LLC (“InspectCMS,” “we,” “our,” or “us”) respects your privacy. This Privacy Policy explains how we collect, use, store, and share information when you use the Service.
1. Information We Collect
1.1 Information You Provide
Account registration details (name, email, business name, password), billing and payment information (processed through third-party payment processors), inspection-related data and client contact details, and any other information you choose to provide.
1.2 Automatically Collected Information
We automatically collect technical and usage data such as IP address, device and browser type, operating system, access times, referring URLs, and interactions with the Service.
1.3 Cookies & Tracking
We use cookies and similar technologies to maintain sessions, improve functionality, and analyze usage. You can disable cookies in your browser, but disabling cookies may affect Service features.
2. How We Use Your Information
We use information to provide and improve the Service, process payments, communicate with you, offer customer support, detect and prevent fraud, and comply with legal obligations. We do not sell or rent your personal information to third parties.
3. Data Storage & Retention
Your data may be stored on servers located in the United States or other jurisdictions. We retain data as needed to provide the Service, comply with legal obligations, and enforce our agreements. You may request deletion of your account and data by contacting us.
4. Data Security & Breach Disclaimer
We implement reasonable technical, administrative, and organizational safeguards (including TLS/SSL encryption for data in transit and access controls) to protect your information. However, no system is completely secure. Accordingly:
InspectCMS LLC does not guarantee absolute security and is not liable for unauthorized access, hacking, data breaches, malware attacks, or other malicious acts beyond our reasonable control. By using the Service you acknowledge and accept this risk.
5. Third-Party Services
We may use third-party vendors (hosting, payment processors, analytics, email delivery, etc.) who receive limited data necessary to perform their services. These vendors are contractually required to protect data. InspectCMS LLC is not responsible for third-party privacy or security practices.
6. Data Ownership & User Responsibility
You retain ownership of the data you input into the Service. You are responsible for obtaining any consents required to store and process third-party data (such as client contact information). We recommend maintaining independent backups of any critical business data. InspectCMS LLC assumes no responsibility for data loss, corruption, or accidental deletion.
7. International Users
If you access the Service from outside the United States, your data may be transferred to and processed in the United States. By using the Service you consent to such transfers.
8. Children’s Privacy
The Service is not intended for individuals under 18. We do not knowingly collect personal data from minors. If we learn that we collected data from a minor, we will delete it promptly.
9. Your Rights & Choices
Depending on your jurisdiction, you may have rights to access, correct, or delete your personal data, or to restrict or object to certain processing. To exercise these rights, contact us using the information below.
10. Data Breach Notification
In the event of a known data breach, InspectCMS LLC will make reasonable efforts to notify affected users in accordance with applicable law. However, InspectCMS LLC, its owners, officers, employees, and affiliates are not liable for any damages, losses, or claims resulting from data breaches, unauthorized access, or other security incidents beyond our reasonable control.
11. Updates to This Policy
We may update this Privacy Policy from time to time. We will post the revised policy with an updated “Last Updated” date. Continued use of the Service after changes constitutes acceptance of the updated policy.
Contact & Company Information
If you have any questions about these Terms or our Privacy Policy, please contact:
InspectCMS LLC
Address: 50 8TH AVE SW UNIT 503 LARGO, FL 33770
Email: info@inspectcms.com
© 2015 InspectCMS LLC. All rights reserved.