Terms of Service

1 Eligibility and authority

You must be at least 18 years old and legally able to enter into this agreement. The Services are intended for business and professional use. You are responsible for ensuring that your use of the Services complies with laws, professional standards, licensing rules, contracts, and obligations that apply to you.

A Subscriber can authorize owners, administrators, inspectors, office personnel, contractors, and other users to access its account. Each authorized user must comply with these Terms. The Subscriber is responsible for account activity, permissions, and actions taken by its authorized users.

2 Accounts and security

You must provide accurate account information and keep it current. You are responsible for safeguarding login credentials, using appropriate access controls, and promptly removing access for people who no longer need it. You must notify TIW promptly at support@totalinspectware.com if you believe an account, credential, or data has been accessed or used without authorization.

You may not share a user credential among people if the applicable subscription requires individual user or inspector licenses. TIW can require password changes, multifactor authentication, or other reasonable security measures. TIW can suspend access when reasonably necessary to protect the Services, an account, or other users.

3 Trials, subscriptions, and renewal

TIW offers a 30-day free trial at no subscription charge. Unless canceled before the trial ends, the paid subscription begins when the trial expires and renews monthly until canceled. The price and billing terms presented at signup or checkout control if they differ from the general pricing stated in these Terms.

After the free trial, the current subscription price is $99 per month for the first inspector and $49 per month for each additional inspector. The optional Google Reviews feature is $6 per month, and the optional SMS feature is $15 per month. Each optional feature requires the Subscriber to opt in. TIW can change subscription or optional-feature prices by providing at least 30 days' advance notice. A price change will take effect at the beginning of the first billing period following the notice period. If you do not agree to the change, you may cancel the affected subscription or feature before the new price takes effect.

You authorize TIW and its payment service providers to charge the payment method on file for subscription fees, add-ons, transaction or processing fees, taxes, and other amounts you approve. Except when required by law or expressly stated in an order form, fees are nonrefundable and are not prorated for partial billing periods.

4 Payment processing

The Services can allow Subscribers to request or accept payments from inspection clients through an integrated third-party payment processor. TIW does not store complete payment-card numbers when payment information is collected directly by the processor. Processor terms and privacy practices also apply.

The Subscriber is responsible for prices charged to its clients, refunds, disputes, chargebacks, taxes, receipts, and compliance with payment-network rules. Any TIW platform processing fee will be disclosed in the account or applicable order terms. TIW can deduct or charge amounts reasonably associated with reversals, disputes, or amounts owed, as permitted by law and the processor agreement.

5 Subscriber content and data

"Subscriber Content" means information, text, inspection narratives, photographs, videos, voice recordings, forms, agreements, reports, signatures, client and agent information, property information, imported contact records, website content, and other material submitted to or created through a Subscriber account.

As between TIW and the Subscriber, the Subscriber retains ownership of Subscriber Content. The Subscriber grants TIW a nonexclusive, worldwide, limited license to host, copy, process, transmit, display, format, back up, and otherwise use Subscriber Content only as reasonably necessary to provide, secure, support, and improve the Services, comply with law, and enforce these Terms.

The Subscriber represents that it has all permissions and lawful bases needed to collect, upload, use, disclose, and instruct TIW to process Subscriber Content. The Subscriber is responsible for the accuracy, legality, and professional adequacy of its inspections, narratives, agreements, reports, recommendations, and communications.

6 Client and third-party information

Subscribers can enter information about buyers, sellers, property owners, agents, requestors, payers, access contacts, inspectors, and other people. For personal information TIW processes on a Subscriber's documented instructions to provide the Services, the Subscriber determines the purpose and means of processing and TIW acts as a service provider or processor to the extent provided by applicable law.

The Subscriber must provide required notices, obtain required consents, honor applicable privacy rights, and avoid uploading information that is unnecessary for an inspection or related business purpose. TIW can provide tools that help the Subscriber respond to requests, but the Subscriber remains responsible for determining whether and how to respond unless law assigns that duty to TIW.

7 Inspection content, reports, and professional responsibility

TIW provides software, workflow tools, sample language, structured narratives, forms, and report-generation capabilities. TIW does not perform inspections, testing, engineering, code compliance review, legal services, accounting, or other professional services for the Subscriber or the Subscriber's clients.

Inspection content supplied by TIW is a starting resource and is not a substitute for the Subscriber's judgment. The Subscriber must review and adapt content for the property, observed conditions, scope of work, jurisdiction, standards of practice, contract, and applicable law. The Subscriber is solely responsible for deciding what to inspect, record, report, recommend, deliver, and retain.

TIW does not warrant that a form, narrative, agreement, calculation, recommendation tag, report layout, or other content satisfies a specific legal, regulatory, insurance, licensing, or professional requirement. The Subscriber should obtain qualified legal or professional review when needed.

8 Mobile application and device permissions

TIW Mobile can use device features such as the camera, photo library, microphone, speech recognition, location services, local storage, and notifications when the user enables the relevant permission. Some functions can operate offline and synchronize when a connection becomes available. The user is responsible for confirming that inspections and media have synchronized before deleting local copies or relying on another device.

Mobile carriers, internet providers, Apple, Google, device manufacturers, and app stores can impose separate terms, charges, and technical limitations. TIW is not responsible for third-party networks, devices, operating systems, or app-store services.

9 Communications, email, and SMS

The Services can send transactional email and text messages, including scheduling notices, access instructions, agreement and payment links, reminders, report notifications, and account or security messages. The Subscriber controls the recipients, templates, timing, and business purpose of Subscriber-directed communications and must have any consent required by law.

Recipients can incur carrier charges. Message delivery is not guaranteed. The Subscriber must honor opt-out requests and must not use TIW communications for unlawful telemarketing, spam, deceptive messages, harassment, or messages prohibited by carriers, messaging-platform, or legal requirements. A recipient can reply STOP or use another method to opt out of applicable automated texts. Consent to receive marketing texts cannot be required as a condition of purchasing unrelated goods or services.

10 Hosted websites and online requests

Eligible subscriptions can include a website builder, hosting, online inspection requests, booking tools, forms, and related features. The Subscriber is the publisher of its website content and is responsible for the accuracy of claims, service areas, pricing, credentials, accessibility, intellectual property, required disclosures, cookie or tracking notices, and other legal requirements.

TIW can provide technical hosting and standard platform components but does not guarantee search ranking, leads, bookings, revenue, uninterrupted availability, or compliance of Subscriber-created content. TIW can remove or disable content that infringes rights, creates security risk, violates law, or breaches these Terms.

11 TIW intellectual property

TIW and its licensors own the Services, software, interfaces, workflows, designs, documentation, TIW-created inspection libraries and structured content, trademarks, and all related intellectual property, excluding Subscriber Content. Subject to payment and compliance with these Terms, TIW grants the Subscriber a limited, nonexclusive, nontransferable, revocable right to use the Services during the subscription term for its internal business operations.

You may not copy, sell, sublicense, rent, distribute, reverse engineer, decompile, circumvent access controls, scrape, probe, benchmark for publication without permission, create a competing product from protected TIW materials, or remove proprietary notices, except to the extent a restriction is prohibited by law. You may download and use individual final reports and other Subscriber Content that TIW makes available for download for legitimate inspection-business purposes.

12 Acceptable uses

You may not use the Services to violate law or another person's rights; upload malware or harmful code; gain unauthorized access; interfere with system integrity; conduct security testing without written authorization; send deceptive or unlawful communications; impersonate another person; upload unlawfully obtained personal information; or use the Services in a way that threatens safety, security, or availability.

You may not use the Services to make solely automated decisions that produce legal or similarly significant effects about a person unless TIW expressly supports that use and you independently satisfy all applicable requirements. TIW can investigate suspected misuse and preserve or disclose information when reasonably necessary to comply with law or protect rights and safety.

13 Third-party services and integrations

The Services depend on third parties for infrastructure, payments, messaging, email, mapping, analytics, app distribution, artificial intelligence, and other functions. Your use of an optional integration can be governed by the third party's terms. TIW is not responsible for third-party products, changes, outages, acts, or omissions, but TIW will use commercially reasonable efforts to manage providers supporting core Services.

When you enable an integration or direct TIW to transmit data to a third party, you authorize the relevant exchange. You are responsible for reviewing the third party and configuring the integration appropriately.

14 Artificial intelligence features

TIW can offer features that suggest, refine, summarize, or transform text. AI output can be incomplete, inaccurate, or unsuitable. The Subscriber must review every output before using it in an inspection record, report, agreement, recommendation, or client communication. AI output does not replace professional judgment and should not be treated as legal, engineering, code, safety, or other professional advice.

TIW will describe material AI data practices in its Privacy Policy or feature notice. The Subscriber must not submit information to an AI feature when doing so would violate law, confidentiality obligations, or the rights of another person.

15 Availability, support, and changes

TIW can update, enhance, replace, or discontinue features. TIW will give reasonable notice when a material reduction in core paid functionality is expected, when practical. Maintenance, security events, third-party outages, internet conditions, and circumstances beyond TIW's control can interrupt access.

Support channels and response targets can be described in the account, help center, or order form. Unless a separate written service-level agreement applies, TIW does not guarantee a specific up-time percentage or response time.

16 Confidentiality

Each party can receive nonpublic business, technical, security, or customer information from the other. The receiving party will use reasonable care to protect confidential information and will use it only to perform or receive the Services, exercise rights, or comply with law. These duties do not apply to information that becomes public without breach, was already lawfully known, is received lawfully without confidentiality duty, or is independently developed.

A party compelled to disclose confidential information will provide notice when legally permitted and will disclose only what is required.

17 Data access, cancellation, and deletion

18 Suspension and termination

You can stop using the Services and cancel as described above. TIW can suspend or terminate access for material breach, nonpayment, fraud, security risk, unlawful conduct, harm to the Services or others, or when required by law. When the issue can reasonably be cured, TIW will ordinarily provide notice and an opportunity to cure before termination.

Provisions that by their nature should survive termination will survive, including payment obligations, ownership, confidentiality, disclaimers, limitations of liability, indemnification, dispute terms, and record-retention rights.

19 Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available." TIW disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade. TIW does not warrant that the Services will be uninterrupted, error-free, completely secure, or suitable for every jurisdiction or professional use.

TIW does not control or verify the Subscriber's inspections, observations, reports, business practices, representations, or client relationships. No TIW content or support response creates professional advice or a warranty about an inspection, property, system, condition, code, or transaction.

20 Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, business, goodwill, or data, even if advised that such damages are possible. This exclusion does not apply where law prohibits it.

To the maximum extent permitted by law, TIW's total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts the Subscriber paid to TIW for the Services during the 12 months before the event giving rise to the claim. This limitation does not apply to liability that cannot legally be limited.

21 Indemnification

To the extent permitted by law, the Subscriber will defend, indemnify, and hold harmless TIW and its officers, employees, and affiliates from third-party claims, damages, judgments, costs, and reasonable attorneys' fees arising from Subscriber Content; the Subscriber's inspections, reports, agreements, communications, website content, or professional services; the Subscriber's violation of law or another person's rights; or material breach of these Terms. TIW will provide prompt notice and reasonable cooperation and will allow the Subscriber to control the defense, subject to TIW's right to participate and to approve settlements that impose liability or admissions on TIW.

22 Arbitration and class action waiver

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of this Section 22.

23 Changes to these Terms

TIW can update these Terms. TIW will post the revised version and update the effective date. For material changes, TIW will provide notice through the Services, by email, or by another reasonable method before the change takes effect when required. Continued use after the effective date constitutes acceptance where permitted by law. If a material change requires renewed affirmative consent, TIW will request it.

24 General terms

Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. You may not assign these Terms without TIW's consent, except in connection with a merger, reorganization, or sale of all relevant assets if the assignee accepts these Terms. TIW can assign these Terms in connection with a corporate transaction or to an affiliate.

These Terms, the Privacy Policy, applicable order forms, and incorporated policies are the entire agreement concerning the Services and replace prior statements on the same subject. If an order form conflicts with these Terms, the order form controls for that purchase. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent needed and the rest will remain effective. Headings are for convenience only. Electronic notices and signatures are valid to the extent permitted by law.

25 Contact and legal notices

Electronic acceptance

By selecting an acceptance checkbox, creating an account, starting a trial, purchasing a subscription, or using the Services after being presented with these Terms, you confirm that you have read and agree to these Terms. TIW can maintain an electronic record of the version accepted, the date and time of acceptance, the account, and related technical information reasonably needed to document acceptance.