Terms

Software Agreement / Terms of Use

By using SetInspect.com or any of our products or services as a visitor or customer, you are agreeing to the following terms and conditions ("Software Agreement", "Terms of Use"). Additional contractual terms may apply to some services so it is important that you are familiar with all of the terms applying to your use of our services.

This agreement constitutes an agreement between you (including all employees at your company) and Inspector Services Group, LLC governing your use of the service, superseding any prior agreements between you and Inspector Services Group, LLC (including but not limited to any previous version of this agreement).

Inspector Services Group, LLC reserves the right to update or change this agreement without notice, with the exception of the Privacy Policy which has restrictions imposed on changes by our Privacy Council, which will be in place now and forever including in any succession. Any new features that augment or enhance the current Service, including the release of new tools or resources, shall be subject to this agreement and the failure of Inspector Services Group, LLC to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Violation of any of the terms below may result in the suspension or termination of your Account or License. Whilst Inspector Services Group, LLC prohibits unauthorized conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk.

Definitions

"We", "Our" or "Nxt Inspekt" means Inspector Services Group, LLC;

"You" means you, the person using our products, services or visiting our Website;

"Services" means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website;

"Service Availability" is defined as the ability to access and use the Nxt Inspekt application.

Terms

1. You must be a person. (Accounts registered or run through automated methods are not permitted).

2. You must provide your full legal name, a valid email address and any other information requested by Inspector Services Group, LLC in order to complete the sign up process and license.

3. You are responsible for maintaining the security of your account login information (Username & Password). Inspector Services Group, LLC cannot and will not be liable for any loss or damage from failure to comply with this security obligation.

4. You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Account Billing, Invoicing and Refunds

1. Payment is due no more than 14 days after an invoice is received (Unless by negotiated terms). Late payments may result in account suspension and subsequent cancellation.

2. The products and services are billed on a monthly or pro rata basis and are non-refundable. There will be no refunds for completed appointment time slots.

3. We utilize Authorize.net to conduct secure online payments for our software. This provider uses secure servers to complete customer orders.

4. All fees charged are exclusive of local taxes which are your responsibility to pay.

Cancellation, Termination and Right to Monitor

1. Upon cancellation of an account, payment is to be made up to the end of the billing period you are in for all scheduled/non-canceled appointments, no refunds will be given.

2. Cancelled accounts will have their data archived in a secure backup facility for 3 months. This data can be deleted or supplied within this timeframe upon customer request.

3. Inspector Services Group, LLC has no obligation to monitor and access customer accounts, but may do so if for any reason it believes there is just cause. (Reasons could include illegal activity, uploading of virus infected files, questionable material or when requested as part of customer support)

4. Inspector Services Group, LLC reserves the right to terminate accounts (Trial and Paid) at our discretion. Action will be taken if needed to ensure server integrity and service availability for other customers.

5. Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any Inspector Services Group, LLC customer or employee will result in immediate account termination.

Right of Refusal

1. Inspector Services Group, LLC has the right to accept or decline trial and paid account requests at will.

2. Applications will not be accepted if the applicants use is contrary to Inspector Services Group, LLC's strategic plan, or the company in question gives Inspector Services Group, LLC any cause for concern.

Modifications to the Service and Prices

1. Inspector Services Group, LLC reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available.

2. Prices will be reviewed every 6 months and adjusted accordingly if needed. Inspector Services Group, LLC reserves the right to increase prices. Notice will be given of at least 30 days in advance of any price changes.

3. Updates and upgrades to Inspector Services Group, LLC's products are made regularly, typically on a weekly basis.

4. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Nxt Inspekt, Inspector Services Group, LLC or any other Inspector Services Group, LLC product.

5. All licensed/downloaded Inspector Services Group, LLC code (including customized code) must at all times retain the copyright statement (© Copyright 2016-2017 Inspector Services Group, LLC. Home Inspection Scheduling made enjoyable by Nxt Inspekt.).

Service Availability and Support

1. Inspector Services Group, LLC will aim to provide a service availability of 99.99%, in the event of an outage or server access issue, Inspector Services Group, LLC will act to restore customer server access.

2. While Inspector Services Group, LLC makes all efforts to prevent any disruption to service during any update or upgrade, there may be times where Nxt Inspekt is inaccessible for a period of less than 30 minutes. Updates and upgrades are scheduled to avoid peak usage times.

3. Inspector Services Group, LLC is committed to providing excellent customer service, we aim to answer most support issues within 12 hours but Inspector Services Group, LLC makes no guarantee on the period of time before support is provided.

4. In the event that urgent support is required, we will do whatever is necessary to assist. Email support is available 24/7.

Code and Data Ownership

1. Any data entered in your live account database or uploaded to the service remains YOURS and can be supplied as a digital file upon request.  It will not be shared with anyone under any circumstance and the data cannot be used for any purpose other than those you intended.  This is monitored by our Privacy Council.

2. Inspector Services Group, LLC does not pre-screen any content, but reserves the right (but not the obligation) to refuse or remove any content available via the service that violates our Terms.

3. Any and all code, including the look and feel is owned by Inspector Services Group, LLC. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from Inspector Services Group, LLC

4. Inspector Services Group, LLC houses all software on our owned/rented servers. Unauthorized distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent from Inspector Services Group, LLC.

API Terms

1. You agree that you are solely responsible for any 3rd party applications you have built that access the Nxt Inspekt API. This includes supporting your code and any legal issues that may arise. Inspector Services Group, LLC will not and cannot be held responsible for code created by customers.

2. You may not use the Nxt Inspekt API for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

3. If your code or application when using the Nxt Inspekt API causes unacceptable server load or issues (as determined by Inspector Services Group, LLC) your Nxt Inspekt account or API access may be revoked or suspended. This is to ensure integrity of service for other Nxt Inspekt customers.

4. You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.

5. Inspector Services Group, LLC reserves the right at any time to modify or discontinue the API (or any part thereof) with or without giving notice, other than those issues that pertain to privacy and our Privacy Council.

6. You may not use the API to violate your license terms. Doing so will result in suspension of your Nxt Inspekt account.

Data Loss & Backups

1. Inspector Services Group, LLC will not accept, under any circumstances, any liability for the loss of customer data through general use, hacking or server failure.

2. Inspector Services Group, LLC will be responsible for ensuring multiple regular daily backups of the subscription account data and the server itself. Backup of data (excluding uploaded files) is available to customers through the built in SQL backup download.

Indemnity

1. You agree to indemnify and hold Inspector Services Group, LLC and subsidiaries, affiliates, directors, shareholders, agents, and employees, harmless from any claim or demand or legal fees, made by any third party due to or your use of our Services or your breach of these Terms of Use, any applicable law or the rights of a third party.

Privacy

1. Inspector Services Group, LLC will at all times be committed to ensuring privacy of information. Any information submitted by the customer will only be used by Inspector Services Group, LLC in the manner intended by the customer or by the terms of this agreement.

2. We will never distribute your information to third parties, and all Inspector Services Group, LLC staff are under extensive confidentiality and non-disclosure agreements.  We have self-restricted ourselves in terms of any data usage not specifically opted to be implemented by the user and any such policy would be subject to Veto by any member of our Privacy Council.

3. While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot guarantee that all communications and personally identifiable information will never be disclosed.

4. For credit card related privacy information refer to our Privacy Policy.

Licensing

1. Inspector Services Group, LLC distributes all commercial software under a commercial license agreement.

2. Demo sessions and trials of Inspector Services Group, LLC products are deleted if used for a period of six (6) months.

3. A 'per user' license allows that purchaser to operate the software. Licenses cannot be transferred to other parties, this applies to both general software licenses and upgrades

4. Upgrade packages are only applicable to the company who purchased the original software.

5. Sharing, redistribution or simultaneous use of licenses is prohibited.

6. Whilst Source Code may be modified by yourself or a developer for use by the single owner, the code may not be resold, duplicated for multiple uses, or rebuilt to be resold in any way, shape or form.

Warranty

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. Inspector Services Group, LLC does not warrant that:

  • The service will meet your specific requirements
  • The service will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the service will be accurate or reliable

3. You expressly understand and agree that Inspector Services Group, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Inspector Services Group, LLC has been advised of the possibility of such damages), resulting from:

  • The use or inability to use the service
  • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
  • Unauthorized access to or alteration of your transmissions of data
  • Statements or conduct of any third party on or involved in providing the service
  • Any other matter relating to the service.

Payment Currency

Credit cards on file for subscription accounts are charged in US Dollars.

Restricted Content

Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the service including but not limited to:

1. Unsolicited email, SMS's, or "Spam" messages.

2. Worms, viruses or code of a destructive nature.

3. Questionable or Illegal material. (Including copyrighted material)

Server Location & Information

Amazon Web Services' servers (AWS) are among the most reliable in the industry. With a guaranteed 99.9% network availability and fast, reliable connectivity, AWS 's world-class network reliability means you can count on your server being up for business. AWS has 24/7/365 security and network monitoring and is safeguarded with state-of-the-art network security.

Head Office Location

The head office of Inspector Services Group, LLC is located at 698 Pro-Med Ln Carmel, IN 46032 USA.