Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account using Google OAuth authentication. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4. Subscription Plans and Billing

4.1 Subscription Tiers

The Service offers multiple subscription tiers with varying features and usage quotas:

• Basic Plan: Limited monthly report generation quota
• Professional Plan: Increased monthly report generation quota
• Unlimited Plan: Unlimited monthly report generation

Specific features, quotas, and pricing for each tier are described on our pricing page and may be updated from time to time.

4.2 Billing and Payment

• Subscription fees are billed in advance on a monthly basis
• Payment is processed through Stripe, our third-party payment processor
• You authorize us to charge your designated payment method for all subscription fees
• All fees are non-refundable except as expressly stated in these Terms or required by law
• You are responsible for all taxes associated with your subscription

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your subscription tier.

4.4 Plan Changes

• You may upgrade your subscription tier at any time, with changes effective immediately
• Downgrades take effect at the start of the next billing cycle
• No refunds or credits are provided for unused quota from a previous billing period

4.5 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation is effective at the end of the current billing period
• You will retain access to paid features until the end of the paid period
• We do not provide refunds for partial months or unused quota
• If we terminate your account for breach of these Terms, no refund will be provided

4.6 Failed Payments

If a payment fails, we may:

• Retry the payment method on file
• Suspend or downgrade your account to a free tier
• Terminate your account after reasonable notice

5. Service Usage and Limitations

5.1 Permitted Use

The Service is designed for lead-based paint inspection professionals to generate HUD-compliant PDF reports from CSV data exported from XRF analyzers. You may use the Service only for lawful purposes and in accordance with these Terms.

5.2 Usage Quotas

• Each subscription tier has monthly report generation quotas
• Quotas reset at the beginning of each billing period
• Exceeding your quota may require an upgrade to a higher tier
• We reserve the right to enforce quotas and limit usage to prevent abuse

5.3 File Storage

• Uploaded CSV files and generated PDF reports are stored on our servers
• Files are automatically deleted 7 days after upload
• We are not responsible for data loss after the 7-day retention period
• You are responsible for maintaining your own backup copies of all files

5.4 Rate Limiting

The Service implements rate limiting to ensure fair usage and system stability. Excessive requests may be throttled or blocked. Current limits include:

• Report generation: 10 requests per 10 minutes per account

6. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload malicious files, viruses, or harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Scrape, data mine, or extract data through automated means
• Share your account credentials with others
• Resell or redistribute the Service without our express written permission
• Use the Service to generate fraudulent or misleading reports
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity or misrepresent your affiliation
• Upload content that infringes on intellectual property rights of others
• Use the Service in a manner that exceeds reasonable usage limits or degrades service performance

7. Intellectual Property Rights

7.1 Service Ownership

The Service, including all software, designs, text, graphics, and other content (excluding user-generated content), is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service.

7.2 User-Generated Content

• You retain all ownership rights to CSV files you upload and PDF reports you generate
• By using the Service, you grant us a limited license to process your files solely to provide the Service
• We do not claim ownership of your inspection data or generated reports
• You are solely responsible for the accuracy and legality of your uploaded data

7.3 Trademarks

All trademarks, service marks, and logos used on the Service are our property or the property of third parties. You may not use any trademarks without prior written permission.

8. Data Privacy and Security

8.1 Data Collection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Security

We implement reasonable security measures to protect your data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

8.3 Data Retention

• Uploaded files and generated reports are retained for 7 days
• Account information is retained until you delete your account
• We may retain certain information as required by law or for legitimate business purposes

9. Service Availability and Modifications

9.1 Service Availability

• We strive to provide reliable service but do not guarantee uninterrupted or error-free operation
• The Service may be temporarily unavailable due to maintenance, updates, or technical issues
• We are not liable for any loss or damage resulting from service downtime

9.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Change pricing, features, or subscription tiers with reasonable notice
• Update these Terms with notice to users
• Impose new limits on Service usage

9.3 Notice of Changes

We will provide notice of material changes to these Terms or the Service through:

• Email notification to your registered address
• In-app notifications
• Updates posted on our website

Continued use of the Service after changes constitutes acceptance of the modified Terms.

10. Disclaimers and Warranties

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Professional Advice

The Service is a tool for generating reports and does not provide professional advice. We do not:

• Guarantee the accuracy of generated reports
• Verify the accuracy of your uploaded data
• Provide legal, medical, or professional inspection advice
• Guarantee compliance with HUD or other regulatory requirements

10.3 User Responsibility

You are solely responsible for:

• The accuracy of data you upload
• Verification of generated reports
• Compliance with applicable laws and regulations
• Professional standards and certifications
• Use of reports in your business operations

10.4 Third-Party Services

The Service integrates with third-party services (Google OAuth, Stripe, Cloudflare R2). We are not responsible for the availability, accuracy, or reliability of third-party services.

11. Limitation of Liability

11.1 Damages Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your uploaded content or generated reports
• Your breach of any applicable laws or regulations

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting customer support
• Ceasing use of the Service

13.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You breach these Terms
• You engage in prohibited conduct
• Your account is inactive for an extended period
• We are required to do so by law
• We discontinue the Service

13.3 Effects of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for any outstanding fees
• We may delete your account data and uploaded files
• Provisions of these Terms that by their nature should survive termination will continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before filing a legal claim, you agree to contact us to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

14.2 Arbitration Agreement

If informal resolution fails, you agree that any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except for small claims court matters.

14.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive the right to participate in class actions, class arbitrations, or representative actions.

14.4 Exceptions

Either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Queens County, New York.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

16.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Service.

16.7 Notices

Notices to you may be sent to the email address associated with your account. You may contact us at support@leadinspectionreports.com.

16.8 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall control in case of conflict.

17. Contact Information

If you have questions about these Terms, please contact us at:

• Email: support@leadinspectionreports.com
• Address: Address to be provided upon business registration
• Website: https://leadinspectionreports.com