Terms of Service
DRAFT — for attorney review. Not yet in effect.
- Agreement to these Terms
- Eligibility and authorized use
- What EZ² Inspect does—and does not do
- Registration, access, and device security
- Free trial, subscriptions, billing, and cancellation
- Photos and Your Content are not stored or archived
- Privacy and personal information
- Acceptable use and record integrity
- Third-party services
- Our intellectual property and feedback
- Changes to the App or these Terms
- Suspension, termination, and records after access ends
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law and disputes
- General provisions
- Contact
1. Agreement to these Terms
These Terms of Service (“Terms”) are an agreement between you and [Company legal name] (“Company,” “we,” “us,” or “our”), the provider of EZ² Inspect (the “App”). These Terms govern your access to and use of the App, the website at ez2-inspect.com, and related services we make available (collectively, the “Services”).
By registering, selecting an “I Agree” button, purchasing a subscription, or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.
If you use the Services for a property owner, employer, management company, or other organization, you represent that you are authorized to accept these Terms for that organization. In that case, “you” includes both you as an individual user and the organization. The organization is responsible for its users’ compliance with these Terms.
The Privacy Policy is incorporated into these Terms by reference. If a provision of these Terms conflicts with a mandatory legal requirement, the mandatory requirement controls to the extent of the conflict.
2. Eligibility and authorized use
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. The Services are intended for landlords, property owners, property managers, maintenance personnel, and other authorized people documenting rental-property conditions in a business or property-management context.
You may use the Services only for properties and purposes for which you have appropriate authority. If you are an organization’s administrator, you are responsible for deciding who may access the App and for promptly removing access when a person no longer needs it.
3. What EZ² Inspect does—and does not do
EZ² Inspect is a documentation tool that helps users photograph and record observed rental-property conditions and turn them into reports to print or save. Its documentation functions are:
• Move-Ins: recording observed conditions at or near the beginning of a tenancy. • Move-Outs: recording observed conditions when a tenant vacates and returns possession. • Turns: recording conditions, cleaning, maintenance, and repair work between tenancies. • Evictions: recording observed conditions after a sheriff lockout returns possession, and noting whether personal property was left behind. • Repairs: recording repair projects over one or more visits, including photographs, notes, and labor and material entries. • Inspections: recording observations made during routine, maintenance-related, or other property inspections.
The available features may change over time. The App records information supplied or captured by users and organizes it into reports. It does not independently verify the truth, completeness, or accuracy of user-entered information. Labor hours, rates, material costs, and totals shown in the App are entered by you or calculated from what you enter; the App does not estimate, verify, or recommend repair costs.
The App is not a law firm, legal service, accounting service, property-management service, inspection certification, or repair-cost estimator. It does not determine who caused damage, whether a condition is normal wear and tear, whether a tenant is legally responsible, what repairs are reasonable, what amount may lawfully be charged or deducted, or whether a landlord has satisfied a legal requirement.
When you record that personal property was left behind after an eviction, the App shows a date 15 days after the lockout as a reminder. It does not determine your obligations for property left behind, which depend on the law, the notices given, and the facts; you are responsible for meeting them.
The App does not guarantee that any photograph, timestamp, GPS location, comment, checklist, export, or report will be complete, accurate, admissible, persuasive, or accepted by a tenant, court, agency, insurer, or other person. Use of the App does not guarantee compliance with California Civil Code section 1950.5, AB 2801, local ordinances, or any other law.
You are solely responsible for determining and meeting your legal and contractual obligations, including any required notices, inspections, photographs, timing, itemized statements, receipts, estimates, tenant communications, record retention, and deadlines. You should consult qualified counsel about your specific obligations.
Photo stamps use the date and time provided by your device and, if you turn it on, location information from your device. When an internet connection is available, the App compares the device clock with an internet time source and flags photographs taken while the device clock appeared to be off by more than two minutes. These functions do not independently authenticate a photograph or prove when or where it was taken, and they may be affected by device settings, connectivity, permissions, hardware, software, or other conditions.
4. Registration, access, and device security
You may be asked to register (for example, with your name and email address) or to sign in to use the Services. Keep your registration information accurate and up to date. You are responsible for maintaining the security of your device, any sign-in method, and any reports or files you save or share, and for activity performed through your registration, except to the extent caused by our own legally actionable conduct.
You must notify us promptly at [support email] if you suspect unauthorized access or a security issue. If your organization permits multiple users, each user should register separately.
If an employee, contractor, or other authorized user leaves your organization or no longer needs access, the organization is responsible for revoking that person’s access and securing any reports already printed, saved, or shared and any content still on that person’s device.
5. Free trial, subscriptions, billing, and cancellation
Free trial. Eligible new users receive a free 14-day trial of the full App. No payment card or other payment information is required to start the trial. When the trial ends, you will not be charged. To keep creating new reports, choose a paid subscription and provide payment information.
Price and payment. A subscription costs US $2.95 per month or US $24.95 per year, plus applicable taxes, unless a different price is clearly shown before you subscribe. Payments will be processed by Stripe, Inc. or the payment provider identified at checkout. We do not store your full payment-card number; payment information is handled by the payment provider under its own terms and privacy practices.
Automatic renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY at the end of each monthly or yearly period, and your payment method is charged the then-current price for the same period, until you cancel. We will send you a reminder at least once a year describing your subscription, its price, its renewal frequency, and how to cancel. We will notify you before any price increase takes effect, and where the law requires, we will ask for your consent before charging the new price.
Cancellation. You may cancel at any time online at [in-App location / account page / cancellation URL], without having to contact us. Cancelling stops future renewals; you keep paid access until the end of the current paid period.
Refunds. [Final refund policy to be inserted.] Nothing in this section limits rights that cannot lawfully be waived.
Taxes. You are responsible for applicable taxes, except taxes based on our net income.
6. Photos and Your Content are not stored or archived
“Your Content” means photographs, comments, checklists, notes, property information, tenant information, reports, and other material you create, capture, enter, or export through the App. As between you and us, you keep your ownership rights in Your Content.
We never receive Your Content. Your Content stays on your device and is not uploaded to our servers. We cannot see, access, back up, or recover it.
The App is not a storage, archive, or record-keeping service. It is designed so that photographs are used to create a report, which you then print or save in your own files. Photographs are kept on your device only until they are deleted: on the Photos screen they are deleted when you start a new unit, and you can delete photographs, inspections, and repair projects at any time. The App requires a report to be sent, saved, or opened for printing before it clears photographs for the next unit, but it cannot confirm that a report was actually printed, received, or kept.
Your printed or saved report is your record. Before deleting photographs or starting a new unit, make sure the report has been printed or saved where you keep your records. You are responsible for keeping reports for as long as the law, your contracts, or your business requires, including for security-deposit accounting and disputes.
Content on your device can be lost. Deleting the App, clearing browser or device data, losing or replacing a device, device damage, operating-system changes, or other events may permanently delete any content still on your device. We cannot recover it. The App’s Export backup feature can move unfinished work to another device; it is a convenience, not a record-keeping system.
If your trial or subscription ends, you can still open the App to create and print reports for work already on your device. Creating new photographs, inspections, or repair records requires an active trial or subscription.
You are responsible for deciding what information to record, the lawful basis for collecting it, who may access it, how it is shared, and how long it is kept. Do not enter or photograph information that is not needed for the documentation purpose, particularly sensitive personal information, identity documents, financial details, or people who have not been appropriately authorized or notified where required.
7. Privacy and personal information
Our Privacy Policy at ez2-inspect.com/privacy describes the limited information we collect, use, disclose, retain, and protect, and explains your choices and rights.
You are responsible for handling tenant, occupant, employee, contractor, and other personal information in your reports in compliance with the laws that apply to you. This includes making sure you have authority to photograph a unit and record information, limiting access to reports, sharing them only with authorized recipients, and applying appropriate retention and disposal practices.
8. Acceptable use and record integrity
You agree not to, and not to permit another person to:
• Use the App unlawfully or for a purpose unrelated to authorized documentation. • Fabricate, materially alter, mislabel, or misrepresent photographs, comments, timestamps, GPS data, checklists, or reports, or knowingly present a record in a misleading way. • Photograph or record people, private areas, or personal information without appropriate authority or in violation of applicable law. • Use the App to harass, threaten, discriminate against, or unlawfully surveil a tenant, occupant, employee, contractor, or other person. • Access an account, property, device, or record without authorization. • Copy, modify, reverse engineer, decompile, resell, sublicense, or exploit the App except as permitted by law or with our written permission. • Interfere with the security, availability, or operation of the App, or introduce malware or other harmful code. • Circumvent subscription limits or share access outside your organization or plan permissions. • Use reports or our name to imply that we certified a property condition, approved a deduction, or verified the truth of a record.
You are responsible for reviewing each report before relying on it or sharing it. If the App warns you about a clock discrepancy or another data issue, you are responsible for considering that warning and not misrepresenting the affected record.
9. Third-party services
The Services rely on third-party services, including our website hosting provider (which also receives website registration forms and supplies the internet time used for the time check), and, when available, a sign-in provider and Stripe or another payment provider. Those services are governed by their own terms and privacy policies. We do not control third-party services and are not responsible for their independent acts or omissions, except to the extent applicable law provides otherwise.
10. Our intellectual property and feedback
The App, its software, design, user interface, name, logo, and original materials, including its inspection checklists, are owned by the Company or its licensors and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the App for your own internal business or property-management purposes while your access is authorized.
If you send us suggestions or feedback, you allow us to use and incorporate them without payment or obligation to you. This does not transfer ownership of Your Content.
11. Changes to the App or these Terms
We may update, modify, suspend, or discontinue features of the Services. We may update these Terms from time to time. For material changes, we will show you the updated Terms in the App and ask you to accept them before you continue. The “Last updated” date and version identify the current Terms.
12. Suspension, termination, and records after access ends
You may stop using the Services and cancel your subscription at any time. We may suspend or end your access if we reasonably believe you have materially violated these Terms, failed to pay amounts due, created a security or operational risk, or used the Services unlawfully. If we decide to stop offering the App, we will give you reasonable advance notice where possible.
Because Your Content stays on your device, ending your access does not delete content still on your device or reports you have printed or saved. Print or save the reports you need before deleting the App or losing access.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY DEVICE; THAT CONTENT ON YOUR DEVICE WILL NEVER BE LOST; OR THAT ANY REPORT WILL BE LEGALLY SUFFICIENT OR ADMISSIBLE IN COURT.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF DATA OR PHOTOGRAPHS, SECURITY-DEPOSIT DISPUTES, OR FAILURE TO MEET A LEGAL DEADLINE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE COMPANY DURING THE 12 MONTHS BEFORE THE CLAIM, OR (B) [$100].
15. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless the Company from third-party claims arising from your unlawful use of the Services, your material violation of these Terms, or Your Content.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. [Dispute-resolution provision to be decided with counsel.]
17. General provisions
These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign or transfer these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of all or part of our business or the App.
18. Contact
[Company legal name] · [Mailing address] · [Support email]