Términos del servicio

Aviso: la versión vigente de este documento es la versión en inglés que aparece a continuación. Esta página se ofrece en español únicamente por comodidad de navegación; el texto legal no ha sido traducido.

Effective date: January 12, 2026 · Version 2.0

1. ACCEPTANCE OF TERMS

Welcome to IrrigationCheckups, a service provided by Property System Inspections LLC (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the IrrigationCheckups platform, including our website, mobile applications, and all related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Company. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

2. DEFINITIONS

“Parent Account” means the primary account holder who subscribes to the Service and is responsible for payment and account management.

“Team Member” means individual users added to the Service by a Parent Account to perform inspections or access Service features.

“Competitor” means any person or entity that develops, markets, sells, or provides inspection software, compliance software, property management software, or substantially similar solutions to those offered by the Service.

“User,” “you,” or “your” means the individual or entity that has created an account or uses the Service, including both Parent Accounts and Team Members.

“User Data” means all data, information, images, and content that you submit, upload, or create using the Service, including inspection records, customer information, and configuration data.

3. ACCOUNT REGISTRATION AND REPRESENTATIONS

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Critical Representations and Warranties

By creating an account and using the Service, you represent and warrant that:

(a) You are not a Competitor;

(b) You are not acting on behalf of, or at the direction of, a Competitor;

(d) You are not using the Service for competitive intelligence, analysis, or research purposes;

(e) You will immediately notify Company in writing if you become a Competitor or begin acting on behalf of a Competitor during your subscription period;

(f) All information you provide to Company is accurate, current, and complete;

(g) If you are a Parent Account, you have all necessary authority to bind Team Members to these Terms and to enable features that may affect Team Members (including location verification).

3.3 Materiality of Representations

You acknowledge and agree that the representations in Section 3.2 are material terms of this Agreement. Company would not provide you access to the Service if these representations were untrue. Any breach of these representations constitutes a material breach of these Terms and entitles Company to immediate termination of your account and pursuit of all available legal remedies, including recovery of attorney’s fees and costs.

3.4 Age and Authority

You must be at least 18 years old to use the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

4. LICENSE GRANT AND RESTRICTIONS

4.1 Limited License

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms.

4.2 Restrictions on Use

You agree that you will NOT:

(a) Copy, reproduce, replicate, or attempt to recreate any features, functionality, workflows, processes, or user interface elements of the Service;

(b) Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or structure of the Service;

(d) Access the Service to monitor its availability, performance, functionality, or features for any competitive purpose;

(e) Systematically download, scrape, or extract data from the Service using automated means (bots, scrapers, crawlers) except as expressly permitted by Company in writing;

(f) Remove, obscure, or alter any proprietary notices, labels, or marks on or within the Service;

(g) Use the Service in any manner that violates applicable laws or regulations;

(h) Interfere with or disrupt the integrity or performance of the Service;

(i) Attempt to gain unauthorized access to the Service or its related systems or networks;

(j) Use the Service to transmit any viruses, malware, or other harmful code;

(k) Share, transfer, or sublicense your access to the Service to any third party;

(l) Use the Service in any way that could damage, disable, overburden, or impair Company’s servers or networks.

4.3 Reservation of Rights

Company reserves all rights not expressly granted to you in these Terms. The Service and all related intellectual property rights remain the exclusive property of Company.

5. INTELLECTUAL PROPERTY OWNERSHIP

5.1 Company’s Intellectual Property

Company owns all rights, title, and interest in and to the Service, including but not limited to:

(a) All software, code, algorithms, and technical implementations;

(b) All workflows, processes, methodologies, and business logic;

(d) All features, functionality, and capabilities;

(e) All documentation, training materials, and support content;

(f) All trademarks, service marks, trade names, and branding;

(g) All improvements, modifications, and derivative works of any of the foregoing.

5.2 User Data Ownership

You retain all ownership rights to your User Data. However, you grant Company a limited, worldwide, non-exclusive license to use, store, process, transmit, and display your User Data solely as necessary to provide the Service to you, including generating inspection reports and enabling features you have selected.

5.3 Feedback

If you provide Company with any suggestions, ideas, enhancement requests, or other feedback regarding the Service (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

6. SUBSCRIPTION AND PAYMENT TERMS

6.1 Subscription Plans and Billing Anchor

The Service is provided on a subscription basis. Parent Accounts may choose between monthly or annual billing cycles.

Billing Anchor Date: All subscriptions are anchored to the 1st day of the month. This means:

All subscription renewals occur on the 1st of the month
If you sign up mid-month, you will be charged a prorated amount for the remainder of the current month, then billed at the full rate starting on the 1st of the following month
This billing anchor applies to both Parent Account and Team Member subscriptions

Example: If you sign up on January 15th for a monthly subscription at $79/month, you will be charged approximately $40 immediately (prorated for January 15-31), then $79 on February 1st and the 1st of each month thereafter.

6.2 Parent Account Subscription

Parent Account must maintain an active subscription for any Team Members to have access to the Service. Parent Account may choose either:

Monthly Subscription:

Billed on a recurring monthly basis on the 1st of each month
If subscription starts mid-month: Prorated amount charged immediately for remainder of current month, then full monthly rate charged on the 1st of each subsequent month

Annual Subscription:

Billed annually with payment for the full year due immediately upon subscription or renewal
If subscription starts mid-month: Prorated amount charged immediately for remainder of current month (e.g., signup on January 15 = prorated charge for January 15-31) On the 1st of the following month (e.g., February 1), full 12-month annual amount is charged Annual renewal date is set to the 1st of that month (e.g., February 1 of each year) Subsequent renewals occur annually on that date

Example: Parent signs up for annual subscription on January 15, 2025. Parent is immediately charged approximately $25 (prorated for January 15-31 at monthly rate). On February 1, 2025, Parent is charged $588 for the full annual term (February 1, 2025 - January 31, 2026). On February 1, 2026, Parent is charged $588 for the next annual term. Annual renewal date is February 1.

Important: Your subscription term determines what subscription options are available for your Team Members.

6.3 Team Member Subscription Rules

Unified Company Term: All subscriptions under a Parent Account must be on the same subscription term (monthly or annual). Team Members automatically inherit the Parent Account’s subscription term. You cannot have some Team Members on monthly subscriptions and others on annual subscriptions.

If Parent Account has a Monthly Subscription:

All Team Members have monthly subscriptions
Team Members added mid-month are charged a prorated amount for the remainder of the current month
All subscriptions (Parent and Team Members) renew monthly on the 1st of each month

Example: Parent has monthly subscription. Parent adds Team Member on January 15. Parent is immediately charged a prorated amount for the Team Member (approximately half the monthly rate for January 15-31). On February 1, Parent is charged the full monthly rate for the Team Member. Both Parent and Team Member renew on the 1st of each month.

If Parent Account has an Annual Subscription:

All Team Members have annual subscriptions
Team Members added mid-year are charged a prorated annual amount from the date of addition through the Parent Account’s annual renewal date
Formula: (Annual Team Member Rate) × (Days Remaining until Parent Renewal ÷ 365)
All subscriptions (Parent and Team Members) renew annually on the same date

Example: Parent has annual subscription that renews on July 1. Parent adds Team Member on January 15 (approximately 5.5 months remaining). Parent is immediately charged a prorated annual amount for the Team Member (Annual rate × 167 days ÷ 365). On July 1, Parent is charged the full annual rate for the Team Member. Both Parent and Team Member renew annually on July 1.

Important: This unified approach ensures:

Simple, predictable billing with one renewal date for your entire company
Easy to understand - your company is either “monthly” or “annual”
No confusion about which Team Members are on which subscription terms

6.4 Payment and Consolidated Billing

Parent Account Responsibility: Parent Account is responsible for all subscription fees associated with the account, including:

Parent Account subscription fee
All Team Member subscription fees (monthly or annual)
Any prorated charges when adding Team Members mid-month or mid-year
Any fees associated with changing subscription terms

Payment Processing: All payments are processed through our third-party payment processor, Stripe. All company subscriptions (Parent Account and Team Members) are associated with a single Stripe Customer ID but maintain individual Subscription IDs.

Currently, each subscription generates a separate invoice charged to the Parent Account’s payment method on file. You may receive multiple charges on your billing date if you have multiple active subscriptions.

Important: Company is implementing consolidated billing where all subscriptions will be combined into a single invoice. You will be notified when this change takes effect.

Payment Authorization: You agree to:

Provide accurate and complete payment information
Maintain a valid payment method on file
Authorize Company to charge your payment method for all fees incurred
Update payment information promptly if your payment method expires or changes

6.5 Failed Payments and Grace Period

Payment Failure: If payment for any subscription (Parent Account or Team Member) fails, the following process applies:

Days 1-5 (Grace Period):

All users (Parent Account and Team Members) retain full access to the Service
Company will attempt to process payment again
Parent Account will receive email notifications about the failed payment

Day 6 and Beyond:

If payment has not been successfully processed after 5 days, all company users (Parent Account and all Team Members) will lose access to the Service
All subscriptions are paused (not cancelled)
Data is retained during the suspension period

Reactivation:

Access can be restored by successfully paying any outstanding invoices
Once payment is processed, access is restored immediately
Subscriptions resume normal billing cycles

Cancellation:

If payment remains unpaid for 30 days after the grace period, subscriptions may be cancelled by Company
Upon cancellation, data retention policies in Section 10.4 apply

Important: Because all subscriptions under a Parent Account share the same payment method, a single payment failure affects all users in the organization. It is the Parent Account’s responsibility to maintain a valid payment method.

6.6 Removing and Cancelling Team Members

Important Distinction: “Removing” a Team Member (disabling their access) is different from “Cancelling” a Team Member subscription.

Removing a Team Member (Disabling Access Immediately):

To immediately disable a Team Member’s access to the Service, Parent Account must reassign the subscription to a different person (see Section 6.8 for reassignment details). This can be accomplished by:

Reassigning the subscription to another employee who will use the Service, OR
Reassigning the subscription to an alternate or fictitious email address to disable access while keeping the subscription active

Removing access via reassignment does not change the subscription, billing, or renewal date. The subscription continues unchanged - only the person who can access it changes.

Example - Terminating an Employee: If Parent needs to immediately revoke access for a terminated employee, Parent should reassign that Team Member subscription to a different email address. If no other employee needs the subscription, Parent can reassign it to a placeholder email and then cancel the subscription (see below).

Cancelling a Team Member Subscription:

Cancelling a Team Member subscription terminates the subscription at the end of the current billing period. When Parent Account cancels a Team Member subscription:

For Monthly Team Member Subscriptions:

The Team Member currently assigned to the subscription retains access until the end of the current monthly billing period (end of the current month)
Parent continues to be billed through the end of the current month
No charges occur after the current monthly period ends
Subscription terminates on the last day of the current month

For Annual Team Member Subscriptions:

The Team Member currently assigned to the subscription retains access until the end of the current annual term
No refund is provided for the remaining portion of the annual term
Subscription terminates on the last day of the annual term

Important: If Parent needs to immediately disable access for an employee (such as a terminated employee) AND cancel the subscription, Parent should:

First, reassign the subscription to disable the employee’s access (see Section 6.8)
Then, cancel the subscription so it terminates at the end of the current billing period

6.7 Subscription Pause

Monthly Subscriptions - Pause Eligibility:

Parent Accounts and Team Members with monthly subscriptions may pause their subscriptions under the following conditions:

Individual Monthly Team Members:

Parent Account may pause individual monthly Team Member subscriptions
Pause can be for up to 4 consecutive months
During pause: No billing occurs and no access to the Service is provided
Pause period does not prorate the current billing period

Example: Team Member subscription renewed on May 1 (paid for May). Parent requests pause on May 15. Earliest pause can begin is June 1. Team Member retains access through May 31 (already paid for), then pause begins June 1.

Monthly Parent Account Without Team Members:

May pause subscription for up to 4 consecutive months
During pause: No billing occurs and no access to the Service is provided
Same billing period rules apply as Team Members

Monthly Parent Account With Team Members:

Parent Account subscription must remain active if any Team Member subscription is active
Parent Account may only pause if ALL Team Member subscriptions are also paused
When Parent pauses, all Team Members must be paused for at least the same duration as Parent
Team Members may have different pause durations (up to 6 months each), but Parent’s pause cannot extend beyond the shortest Team Member pause

Example: Parent has 2 Team Members. Team Member A pauses for 2 months (June-July). Team Member B pauses for 4 months (June-September). Parent may pause for a maximum of 2 months (June-July). When Team Member A resumes in August, Parent must also resume (even though Team Member B remains paused through September).

Important: Parent Account cannot pause while any Team Member remains active.

Resuming After Pause:

Billing and access automatically resume at the end of the pause period unless cancellation notice is received prior to the pause end date
After resuming, user must remain active for at least one full billing period before pausing again

Example: Team Member pauses June 1 - September 30 (4 months). Access and billing resume October 1. Team Member must remain active through October (full billing period) before being eligible to pause again.

Annual Subscriptions:

Annual subscriptions (Parent Account or Team Member) cannot be paused
Because all subscriptions under a Parent Account share the same term, if Parent is annual, all Team Members are also annual
Annual subscriptions are prepaid for the full year and must remain active through the annual term

6.8 Reassignment of Team Member Subscriptions

Parent Account may reassign a Team Member subscription to a different individual by changing the associated name and email address in the account settings.

Reassignment Process:

Parent Account updates the name and email for the Team Member subscription
System automatically triggers a password reset for the new user
New user receives email with instructions to set password
New user must accept current Terms of Service before accessing the Service (see Section 8.1)
If new user declines Terms, subscription becomes inactive and must be reassigned to a different person or cancelled

Billing and Data:

Reassignment does not create a new subscription or restart billing
Subscription continues uninterrupted with the same billing cycle
No prorations or billing adjustments occur due to reassignment
New user inherits access to all company data, as all data is owned by the Parent Account (see Section 5.2)

Terms Acceptance:

New user must individually accept Terms of Service on first login
This is required because Company cannot verify employment relationships or authority between Parent Account and Team Members
Each individual must provide voluntary consent, particularly regarding GPS location tracking and image capture features

6.9 Switching Between Monthly and Annual Subscriptions

Switching from Monthly to Annual:

Parent Account may switch from monthly to annual subscription at any time. When Parent switches to annual:

Switch is effective immediately
Parent is charged the annual rate immediately for the Parent subscription
Parent is charged the annual rate immediately for each Team Member subscription
All users (Parent + Team Members) receive a prorated credit for any unused portion of their current monthly subscriptions
New annual term begins immediately and all subscriptions renew on the same annual renewal date (aligned to the 1st of the month following the switch)

Example: Parent with 2 Team Members switches from monthly to annual on January 15. All three subscriptions immediately convert to annual. Parent is charged annual rate for Parent subscription + annual rate for each Team Member (3 annual subscriptions total). All receive credit for the unused portion of January. Annual renewal date is set to February 1 of each year.

Important: Because all Team Members must be on the same term as Parent, switching to annual converts ALL subscriptions to annual simultaneously.

Switching from Annual to Monthly:

Parent Account may switch from annual to monthly subscription only at the annual renewal date. When Parent switches to monthly:

Request to switch must be submitted before the annual renewal date
Switch takes effect on the annual renewal date
No refund is provided for any unused portion of the annual subscription
Starting on the renewal date, all subscriptions (Parent + Team Members) convert to monthly and bill monthly on the 1st of each month

Example: Parent with 2 Team Members has annual renewal date of July 1. On May 15, Parent requests to switch to monthly. Request is queued. On July 1, all three subscriptions convert to monthly. Starting July 1, Parent is billed monthly for Parent subscription + each Team Member subscription.

Important: Because all Team Members must be on the same term as Parent, switching to monthly converts ALL subscriptions to monthly on the renewal date.

Mid-Year Request to Switch Annual to Monthly:

If Parent requests to switch from annual to monthly before the renewal date, the request will be queued and the switch will occur automatically on the renewal date. Until then, all annual subscriptions continue normally.

6.10 Cancellation and Non-Renewal

Cancellation by Parent Account:

Parent Account may cancel subscription at any time by providing notice to Company. Upon cancellation:

For Monthly Subscriptions:

Access continues until the end of the current monthly billing period (end of the current month)
No charges occur after the current monthly period
All Team Member subscriptions automatically cancel on the same date (because all are on monthly terms)
All users (Parent + Team Members) lose access on the last day of the current month

For Annual Subscriptions:

Access continues until the end of the current annual term
No charges occur after the current annual term
All Team Member subscriptions automatically cancel on the same date as Parent (because all are on annual terms aligned to Parent’s renewal date)
All users (Parent + Team Members) lose access on the last day of the annual term

Example - Monthly: Parent cancels on January 15. Parent and all Team Members retain access through January 31 (end of current monthly period). All subscriptions terminate February 1.

Example - Annual: Parent with annual renewal date of July 1 cancels on January 15. Parent and all Team Members retain access through June 30. All subscriptions terminate July 1.

Cancellation Due to Declined Terms:

If Parent Account or Team Member declines updated Terms of Service:

See Section 18.6 for complete details on declining Terms
For existing users who already accepted prior version of Terms: Access continues until current subscription term ends, then subscription cancels
For new users who decline Terms before first access: No subscription is created, no charges occur, no access is granted

Individual Team Member Cancellation:

If a Team Member individually declines Terms or is removed by Parent Account:

That Team Member’s access terminates (immediately for declined Terms, or on removal via reassignment)
That Team Member’s subscription cancels at next renewal date
Parent Account’s subscription and other Team Members are not affected
No refund to Parent Account for Team Member subscription fees

Data After Cancellation: See Section 10 for data retention and deletion policies following cancellation.

6.11 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle unless Parent Account cancels prior to the renewal date.

Monthly Subscriptions:

Renew monthly on the 1st of each month
Parent is charged for Parent subscription plus all active monthly Team Member subscriptions
Renewal continues until Parent cancels or payment fails

Annual Subscriptions:

Renew annually on the established annual renewal date (the 1st of the month when the 12-month term began)
If subscription started mid-month: Annual renewal occurs on the 1st of the month following initial signup (when the 12-month term was charged) Example: Signed up January 15, 2025 → Annual renewal date is February 1 of each year
If subscription started on the 1st of a month: Annual renewal occurs on the 1st of that same month each year Example: Signed up March 1, 2025 → Annual renewal date is March 1 of each year
Parent is charged immediately for the full year for Parent subscription
Parent is charged immediately for the full year for any annual Team Member subscriptions aligned to the same renewal date
Renewal continues until Parent cancels or payment fails

Important: Team Member subscriptions never renew if Parent Account subscription is cancelled or not renewed. All Team Member subscriptions are subordinate to Parent Account subscription.

6.12 Free Trial

Company may offer free trials of the Service. During a free trial:

You have access to the Service without payment
At the end of the trial period, you must provide payment information to continue using the Service
If you do not provide payment information before the trial ends, your access to the Service will be terminated
Upon providing payment information, subscription begins and follows all billing rules in this Section 6

6.13 No Refunds for Termination Due to Breach

If your account is terminated by Company due to your breach of these Terms (including any Team Member’s breach), you are not entitled to any refund of prepaid subscription fees, whether monthly or annual.

6.14 Changes to Pricing

Company reserves the right to change subscription pricing at any time. Price changes will be communicated to you at least 30 days in advance and will take effect:

For monthly subscriptions: At your next monthly renewal date (the 1st of the following month)
For annual subscriptions: At your next annual renewal date

If you do not agree to a price increase, you may cancel your subscription before the price increase takes effect.

7. PARENT ACCOUNT RESPONSIBILITIES

7.1 Authority and Control

Parent Accounts have full authority and control over their organization’s use of the Service, including:

(a) Adding and removing Team Members;

(b) Configuring inspection requirements and report templates;

(d) Managing subscription and billing;

(e) Accessing all data created by Team Members under the account.

7.2 Binding Team Members

Parent Account represents and warrants that it has the authority to bind all Team Members it adds to the Service to these Terms. Parent Account is responsible for ensuring that all Team Members comply with these Terms.

7.3 Liability for Team Member Conduct

Parent Account is fully responsible and liable for all actions taken by its Team Members using the Service, including any breaches of these Terms by Team Members. Any violation of these Terms by a Team Member will be treated as a violation by the Parent Account.

7.4 Team Member Management

Parent Account must:

(a) Ensure that only authorized individuals are added as Team Members;

(b) Promptly remove access for Team Members who are no longer authorized to use the Service;

(d) Maintain the security of all account credentials.

7A. GPS LOCATION VERIFICATION

7A.1 Location Verification Feature

The Service includes an optional GPS location verification feature that Parent Account may enable for Team Members. When enabled, the Service records the GPS coordinates of the Team Member’s device during inspection activities to verify that inspections are performed at the correct property location.

7A.2 Purpose and Use

Location data is collected solely for the following purposes:

(a) Verifying that inspections are conducted at the correct property address;

(b) Preventing fraud by confirming physical presence at inspection locations;

(d) Associating location data with specific inspection records for business verification purposes.

7A.3 Data Collection and Storage

Location data is:

(a) Collected only during active inspection activities when the feature is enabled;

(b) Associated with specific inspection records;

(d) Not used for continuous or real-time tracking of Team Members;

(e) Not accessible outside the context of reviewing specific inspection data.

7A.4 Notice to Team Members

Team Members will see a location indicator icon on the inspection interface when location verification is enabled for their account. This icon serves as notice that location data will be recorded during inspection activities.

By accepting these Terms, Team Members acknowledge and consent to GPS location verification if enabled by their Parent Account. Team Members understand that location data will be recorded during inspections and associated with inspection records when this feature is active.

7A.6 Parent Account Responsibilities

Parent Account represents and warrants that:

(a) It has all necessary authority to enable location verification for its Team Members;

(b) It has complied with all applicable employment laws, privacy laws, and regulations regarding location verification of Team Members;

(d) It will use location data only for legitimate business purposes related to inspection verification.

7A.7 Company Disclaimer

Company acts solely as a service provider enabling location verification functionality. Company disclaims any liability for:

(a) Parent Account’s decision to enable or use location verification features;

(b) Parent Account’s compliance or non-compliance with employment or privacy laws;

(d) The accuracy or reliability of GPS data, which may be affected by device capabilities, environmental factors, and other variables beyond Company’s control.

7A.8 Data Handling

Company’s collection, use, retention, and protection of location data is described in the Privacy Policy, which is incorporated into these Terms by reference.

8. TEAM MEMBER ACKNOWLEDGMENT

8.1 Binding Agreement

Team Members acknowledge and agree that by accepting these Terms and using the Service, they are individually bound by all provisions of these Terms, including all restrictions and obligations.

8.2 Authorization

Team Members confirm that:

(a) They are authorized by their Parent Account’s organization to use the Service;

(b) They have been added to the Service by an authorized representative of their organization;

8.3 Individual Obligations

Team Members acknowledge that they are individually subject to all restrictions in these Terms, including:

(a) Prohibitions on competitive use of the Service;

(b) Restrictions on copying, reproducing, or replicating Service features;

(d) Compliance with all usage restrictions and prohibited activities.

Team Members acknowledge and consent to GPS location verification if enabled by their Parent Account, as described in Section 7A.

8.5 Image Capture Responsibilities

Team Members acknowledge their responsibilities regarding image capture as described in Section 8A.

8A. IMAGE AND MEDIA CAPTURE

8A.1 Image Capture Capability

The Service allows Users to capture and upload images as part of inspection documentation. Images become part of the inspection records and reports generated by the Service.

8A.2 User Control and Responsibility

Users have complete control over what images to capture and upload. Company does not direct, control, or review image content before it is uploaded. User is solely responsible for:

(a) Determining what images to capture during inspections;

(b) Obtaining all necessary consents, permissions, releases, or authorizations from property owners, tenants, or any individuals who may appear in images;

(c) Ensuring compliance with all applicable privacy laws, wiretapping laws, surveillance laws, and other regulations regarding image capture;

(d) Ensuring that images do not contain inappropriate, illegal, offensive, or prohibited content;

(e) Ensuring that images do not violate any third-party rights, including privacy rights, publicity rights, or intellectual property rights;

(f) Understanding that images may be included in inspection reports that are shared with customers.

8A.3 License to Company

User grants Company a limited, non-exclusive, worldwide license to:

(a) Store images on Company’s servers and cloud storage systems;

(b) Process images as necessary to provide the Service;

(d) Display images within the Service interface;

(e) Include images in inspection reports generated by the Service;

(f) Retain images as part of inspection records in accordance with the data retention provisions of these Terms and the Privacy Policy.

This license exists solely to enable Company to provide the Service and does not grant Company any rights to use images for any other purpose.

8A.4 Biometric Data

User acknowledges that images may potentially contain biometric data (such as facial images). Some jurisdictions have specific laws regulating the collection and use of biometric data. User is solely responsible for compliance with all biometric privacy laws applicable to User’s image capture activities, including but not limited to obtaining any required consents or providing any required notices.

8A.5 Data Classification

Images uploaded to the Service are considered User Data and are subject to the data ownership, retention, and deletion provisions described in these Terms and the Privacy Policy.

8A.6 Representations and Warranties

User represents and warrants that:

(a) User has all rights, permissions, consents, and authorizations necessary to upload images to the Service;

(b) Images do not violate any applicable laws or regulations;

(d) User has obtained all necessary consents from individuals appearing in images;

(e) User has complied with all applicable notice and consent requirements regarding image capture.

8A.7 Indemnification for Images

User agrees to indemnify, defend, and hold harmless Company from any claims, damages, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from:

(a) Images uploaded by User or User’s Team Members;

(b) User’s failure to obtain necessary consents or permissions for image capture;

(d) User’s violation of biometric privacy laws or other regulations regarding image capture.

8A.8 Company Disclaimer

Company acts solely as a service provider enabling image capture and storage functionality. Company:

(a) Does not review, monitor, or control image content;

(b) Does not analyze images for biometric data or other purposes beyond providing the Service;

(d) Disclaims all liability for User’s image capture activities and any resulting claims.

9. PROHIBITED USES

In addition to the restrictions in Section 4, you agree that you will not use the Service to:

(a) Gather competitive intelligence about Company’s business, products, or services;

(b) Share access credentials with unauthorized third parties;

(d) Create derivative works based on the Service;

(e) Frame or mirror any part of the Service;

(f) Use the Service in any manner that could damage Company’s reputation or business interests;

(g) Violate any applicable local, state, national, or international law or regulation;

(h) Infringe or violate any third-party intellectual property rights or other rights;

(i) Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;

(j) Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

(k) Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.

10. TERMINATION

10.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will be effective at the end of your current billing period. You will continue to have access to the Service until the end of the paid period.

10.2 Termination by Company for Breach

Company may immediately terminate or suspend your access to the Service, without prior notice and without refund, if:

(a) You breach any provision of these Terms, including but not limited to the representations in Section 3.2;

(b) Company reasonably suspects that you are a Competitor or are using the Service for competitive purposes;

(d) Company is required to do so by law;

(e) You engage in any prohibited use described in Section 9.

10.3 Termination by Company for Convenience

Company may terminate your access to the Service at any time for any reason with 30 days’ prior written notice. In such cases, Company will provide a pro-rata refund of any prepaid fees for the unused portion of your subscription.

10.4 Effect of Termination

Upon termination of your account:

(a) Your license to use the Service immediately terminates;

(b) You must immediately cease all use of the Service;

(d) All provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 5 (Intellectual Property Ownership), 11 (Confidentiality and Non-Use), 12 (Indemnification), 13 (Limitation of Liability), 14 (Dispute Resolution), and this Section 10.4.

10.5 Data Retrieval

You may request a copy of your User Data within 30 days of termination. After 30 days, Company has no obligation to maintain or provide your User Data, subject to the data retention provisions in the Privacy Policy.

11. CONFIDENTIALITY AND NON-USE

11.1 Confidential Information

You acknowledge that through your use of the Service, you may have access to confidential and proprietary information of Company, including but not limited to:

(a) The features, functionality, workflows, and processes of the Service;

(b) The methodologies and business logic underlying the Service;

(d) Technical specifications, architecture, and implementation details;

(e) Pricing, business strategies, and customer information;

(f) Any information marked as confidential or that would reasonably be considered confidential under the circumstances.

11.2 Confidentiality Obligations

You agree to:

(a) Maintain the confidentiality of all Confidential Information;

(b) Not disclose Confidential Information to any third party, including Competitors;

(d) Take reasonable measures to protect Confidential Information from unauthorized disclosure;

(e) Limit access to Confidential Information to only those Team Members who need access to use the Service.

11.3 Exceptions

Confidential Information does not include information that:

(a) Is or becomes publicly available through no breach of these Terms by you;

(b) Was rightfully in your possession prior to disclosure by Company;

(d) Is rightfully received by you from a third party without breach of any confidentiality obligation.

11.4 Survival

Your confidentiality obligations under this Section 11 will survive termination of these Terms for a period of three (3) years.

11.5 Equitable Relief

You acknowledge that disclosure of Confidential Information would cause irreparable harm to Company for which monetary damages would be inadequate. Therefore, in addition to any other remedies available at law or in equity, Company shall be entitled to seek injunctive relief to prevent the actual or threatened disclosure of Confidential Information.

12. INDEMNIFICATION

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Company, its affiliates, and its and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and costs) arising out of or related to:

(a) Your use or misuse of the Service;

(b) Your breach of these Terms;

(d) Your violation of any applicable law or regulation;

(e) Your violation of any third-party right, including intellectual property rights, privacy rights, or publicity rights;

(f) Your User Data, including any claims that User Data infringes or violates any third-party rights;

(g) Images uploaded by you or your Team Members, including claims related to privacy violations, lack of consent, or infringement of rights;

(h) Your use of location verification features or any claims by Team Members related to location tracking;

(i) Any dispute between you and your Team Members;

(j) Any acts or omissions of your Team Members in connection with the Service.

12.2 Indemnification Process

Company will provide you with prompt written notice of any claim for which indemnification is sought. You will have the right to control the defense and settlement of any such claim, provided that:

(a) You may not settle any claim in a manner that admits liability on behalf of Company or imposes any obligation on Company without Company’s prior written consent;

(b) Company may participate in the defense at its own expense;

13. LIMITATION OF LIABILITY

13.1 DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

COMPANY DOES NOT WARRANT THAT:

(a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;

(e) GPS LOCATION DATA WILL BE ACCURATE OR AVAILABLE AT ALL TIMES.

13.2 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 CAP ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

13.4 Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

13.5 Basis of the Bargain

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THESE LIMITATIONS AND DISCLAIMERS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

14.2 Exclusive Jurisdiction and Venue

Any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Williamson County, Texas. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts on the basis of inconvenient forum or otherwise.

14.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

14.4 Waiver of Class Actions

YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES RELATING TO THESE TERMS OR THE SERVICE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.

14.5 Attorney’s Fees

In any action or proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party, as determined by the court. For purposes of this Section, “prevailing party” means the party who obtains substantially the relief sought, whether by judgment, settlement, or otherwise.

This attorney’s fees provision is mutual and applies equally to both parties. The court shall have discretion to determine the reasonableness of any fee award and may apportion fees if both parties prevail on some claims but not others.

14.6 Equitable Relief

Notwithstanding the provisions of this Section 14, Company may seek equitable relief (including injunctive relief and specific performance) in any court of competent jurisdiction to prevent or restrain any breach or threatened breach of these Terms by you, particularly with respect to:

(a) Unauthorized use of Company’s intellectual property;

(b) Breach of confidentiality obligations;

(d) Violations of usage restrictions.

Company may seek such equitable relief without the necessity of posting a bond and without waiving any other rights or remedies available at law or in equity.

15. AUDIT AND VERIFICATION RIGHTS

15.1 Right to Request Verification

Company reserves the right to request reasonable verification that you are using the Service in compliance with these Terms, including verification that:

(a) You are not a Competitor;

(b) You are not using the Service for competitive purposes;

(d) The number of Team Members using the Service matches the number for which you are paying.

15.2 Your Cooperation

Upon Company’s reasonable request, you agree to:

(a) Provide a written certification signed by an authorized representative confirming compliance with these Terms;

(b) Respond to specific questions regarding your use of the Service;

15.3 Response Deadline

You must respond to any verification request within thirty (30) days of receipt. Failure to respond within this timeframe, or refusal to cooperate with reasonable verification requests, constitutes a material breach of these Terms and may result in immediate termination of your account.

15.4 Confidentiality

Company will treat any information you provide in response to verification requests as confidential and will use such information solely to verify your compliance with these Terms.

15.5 Remedies for Non-Compliance

If verification reveals that you are in breach of these Terms, Company may, in addition to any other remedies:

(a) Immediately terminate your access to the Service;

(b) Require you to pay any additional fees owed (such as for undisclosed Team Members);

16. DATA PRIVACY AND SECURITY

16.1 Privacy Policy

Company’s collection, use, storage, and protection of your personal information and User Data is governed by the IrrigationCheckups Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

The Privacy Policy can be found at: https://www.irrigationcheckups.com/privacy/

16.2 Data Security

Company implements reasonable administrative, physical, and technical safeguards to protect User Data from unauthorized access, disclosure, alteration, or destruction. However, no security system is impenetrable, and Company cannot guarantee the absolute security of User Data.

16.3 User Responsibilities

You are responsible for:

(a) Maintaining the confidentiality of your account credentials;

(b) Using strong passwords and changing them periodically;

(d) Ensuring that your Team Members understand and comply with security best practices;

(e) Complying with all applicable privacy laws in connection with your use of the Service and collection of data from your customers.

16.4 Data Breach Notification

In the event of a data breach that affects your User Data, Company will notify you in accordance with applicable law and the Privacy Policy.

16.5 Data Processing Agreement

For customers subject to GDPR, CCPA, or other data protection regulations that require a data processing agreement, Company will enter into a separate Data Processing Agreement upon request. Contact [email protected] for more information.

17. MODIFICATIONS TO THE SERVICE

17.1 Right to Modify

Company reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. Company may add, remove, or modify features and functionality of the Service in its sole discretion.

17.2 No Obligation to Maintain Features

Company has no obligation to maintain or continue offering any particular features or functionality. You acknowledge that the Service may evolve over time and that features you currently use may be modified or discontinued.

17.3 Material Changes

If Company makes material changes that substantially reduce the functionality of the Service, Company will provide you with reasonable advance notice. If you do not agree with such changes, your sole remedy is to cancel your subscription.

17.4 Maintenance and Downtime

Company may perform scheduled maintenance that may temporarily interrupt access to the Service. Company will endeavor to provide advance notice of scheduled maintenance when practicable but is not required to do so. Company is not liable for any interruption of Service due to maintenance or technical issues.

18. MODIFICATIONS TO TERMS

18.1 Updates to Terms

Company may update these Terms from time to time. When we make changes, we will update the “Effective Date” at the top of these Terms and update the version number.

18.2 Notice of Changes

Company will notify you of material changes to these Terms by:

(a) Sending an email to the email address associated with your account; and

(b) Displaying a notification within the Service upon your next login.

18.3 Effective Date of Changes

Changes to these Terms are effective immediately upon posting. By continuing to use the Service after changes become effective, you agree to be bound by the revised Terms.

18.4 Acceptance of Changes

If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription. Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms.

18.5 Historical Versions

Company will maintain historical versions of these Terms. You may request a copy of the Terms that were in effect at the time you created your account by contacting [email protected].

18.6 Declining Updated Terms

Important Distinction: The process for declining Terms differs between existing users (who have already accepted a prior version of Terms) and new users (who are being asked to accept Terms for the first time).

For Existing Users (Already Accepted Prior Version of Terms):

If you have already been using the Service under a previous version of these Terms and you decline to accept an updated version:

Parent Accounts:

Your subscription and all Team Member subscriptions under your account will not auto-renew at the end of your current subscription term
You and all Team Members under your account will retain access to the Service until the end of your current paid period
You will not receive a refund or credit for any remaining time in your current subscription term, including fees paid for Team Member subscriptions
At the end of your current subscription term, access to the Service will terminate for you and all Team Members, and your account will be closed
If you wish to retrieve your data after termination, you must contact [email protected] within 30 days of termination
After 30 days, your data will be deleted in accordance with our data retention policy
All Team Members under your account will be notified of the subscription cancellation

Team Members:

Your individual Team Member subscription will not auto-renew at the end of your current subscription term
You will retain access to the Service until the end of your current paid period (end of current month for monthly subscriptions, or end of current annual term for annual subscriptions)
Your Parent Account will not receive a refund for your Team Member subscription fee
At the end of your current subscription term, your access to the Service will terminate
Your Parent Account administrator will be notified of your decision to decline Terms
If you wish to retrieve data you have permission to access after termination, you must contact [email protected] within 30 days

For New Users (First Time Accepting Terms):

If you are a new user being asked to accept Terms for the first time and you decline:

Parent Accounts:

Your account will not be created
No subscription will be established
No charges will occur
You will not receive access to the Service

Team Members:

Your Team Member account will not be activated
No subscription will be created for you
No charges will occur to your Parent Account for your subscription
You will not receive access to the Service
Your Parent Account administrator will be notified that you declined to accept Terms
The subscription slot remains available for your Parent Account to assign to a different Team Member

Reassigned Team Members: When a Parent Account reassigns a Team Member subscription to a new person, the new person is treated as a new user and must accept Terms before receiving access. If the new person declines Terms, they will not receive access and the subscription remains inactive until Parent Account reassigns it to someone else or cancels it.

18.7 Process for Declining Terms

You may decline updated Terms by:

Contacting [email protected]; or
Clicking “Decline” when presented with updated Terms in the Service

For Existing Parent Accounts Declining Terms: Company will:

Confirm your decision to decline via email to your registered email address
Notify all Team Members under your account of the subscription non-renewal
Provide the date when access will terminate (end of current subscription term)
Provide instructions for requesting data export via our support team

For Existing Team Members Declining Terms: Company will:

Confirm your decision to decline via email to your registered email address
Notify your Parent Account administrator of your subscription non-renewal
Provide the date when your access will terminate (end of current subscription term)
Provide instructions for requesting data export via our support team

For New Users Declining Terms: Company will:

Confirm that your account was not created and no charges occurred
Provide confirmation via email if an email address was provided
For new Team Members: Notify the Parent Account that the Team Member declined and the subscription slot remains available

Company Cannot Verify Employment Relationships:

Company does not and cannot verify whether Team Members have any relationship with Parent Account or whether Parent Account has authority to bind Team Members to any agreement. Therefore, each Team Member must individually and voluntarily consent to these Terms.

Why Individual Consent is Required:

Individual consent is particularly important because:

The Service may collect GPS location data about Team Members during inspections
Team Members capture images that may contain personal information of third parties
These features implicate personal privacy rights that cannot be waived by third parties
Team Members must understand and voluntarily accept restrictions on their use of the Service

Voluntary Acceptance:

By accepting these Terms as a Team Member, you confirm that:

You are accepting voluntarily and have not been coerced or forced
You understand that declining these Terms is your right
You understand the privacy implications of GPS tracking and image capture
Your acceptance is your own decision, not imposed by Parent Account or any other party

No Authority to Force Acceptance:

Parent Account has no authority to accept these Terms on behalf of Team Members. If a Team Member declines Terms:

New Team Members: No access is granted, no subscription is created
Existing Team Members: Access continues until end of current subscription term, then subscription cancels
Parent Account will not receive a refund in either case

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

19.3 No Waiver

Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Company.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without Company’s prior written consent. Any attempted assignment or transfer in violation of this Section shall be void. Company may assign or transfer these Terms without restriction, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all of Company’s assets.

19.5 Force Majeure

Company shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given:

(a) When delivered personally;

(b) When sent by confirmed email;

(d) One (1) business day after deposit with a nationally recognized overnight courier.

Notices to you may be sent to the email address associated with your account. Notices to Company should be sent to:

Property System Inspections LLC 110 N IH 35, Ste 315 #3424 Round Rock, TX 78681 Email: [email protected]

19.7 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Company. You have no authority to bind Company or make any representations on behalf of Company.

19.8 Third-Party Beneficiaries

These Terms are for the benefit of you and Company only and are not intended to confer any rights or remedies upon any third party.

19.9 Interpretation

The section headings in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” References to sections are references to sections of these Terms unless otherwise specified.

19.10 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall control in the event of any conflict or inconsistency.

19.11 Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Service. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

20. CONTACT INFORMATION

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

Property System Inspections LLC DBA IrrigationCheckups

Email: [email protected] Legal inquiries: [email protected] Privacy inquiries: [email protected]

Physical Address: Property System Inspections LLC 110 N IH 35, Ste 315 #3424 Round Rock, TX 78681

ACKNOWLEDGMENT

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you are a Team Member, you additionally acknowledge that:

You have been authorized by your organization to use the Service
You consent to GPS location verification if enabled by your Parent Account
You are responsible for obtaining necessary permissions before capturing images
You are individually bound by all restrictions and obligations in these Terms

Last updated: January 12, 2026 · Version 2.0