# InspectPro End User License Agreement (EULA) **Version 5.2 — Last Updated: April 2026** --- ## 1. Agreement This End User License Agreement ("EULA") is a legal agreement between you ("User") and InspectPro (operated by Selah AI Consulting Ltd, "we", "our", or "us") for the use of the InspectPro mobile application and related services (collectively, "the App"). InspectPro is available to both individual solo inspectors subscribing directly and to organisations or companies whose employees or contractors use the App under an organisational subscription. By downloading, installing, or using the App, you agree to be bound by the terms of this EULA. If you do not agree, do not download or use the App. This EULA should be read together with our [Privacy Policy](./PRIVACY_POLICY.md), [Terms of Use](./TERMS_OF_USE.md), and [Billing Policy](./BILLING_POLICY.md). --- ## 2. Consumer Rights — CGA Notice **Nothing in this EULA excludes, restricts, or modifies any right or remedy you have under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA) that cannot be excluded or limited by law.** If you are a **consumer** (an individual acquiring the App for personal use or for a business that is not acquiring the App in trade), you have statutory guarantees that the App will be of acceptable quality, fit for its purpose, and that our services will be performed with reasonable care and skill. If you are acquiring the App **in trade** (as a business purchaser within the meaning of s2 of the CGA), you agree that the guarantees under the CGA do not apply to this transaction, to the maximum extent permitted by law. For users in Australia: nothing in this EULA excludes or limits any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded. Australian consumers have non-excludable guarantees that the App will be of acceptable quality and fit for its stated purpose. --- ## 3. License Grant ### 3.1 Solo and Pro User License If you subscribe directly as an individual under the InspectPro subscription (**$90.85/month NZD, GST-inclusive / $79.00 ex-GST**) ("Subscriber"), we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on mobile devices that you own or control, for the duration of your active subscription. **Subscribers are responsible for:** - Purchasing and managing their own subscription - All billing and payment matters (handled via Stripe — see our Billing Policy) - Maintaining the security of their account credentials ### 3.2 Free Trial To use the App, you must register and create an account with a valid email address. A 10-day free trial is provided upon account creation, with full access to all features. During the trial, you may create up to **10 inspections**. After the trial period ends or once the inspection limit is reached, a paid subscription is required to create new inspections. The App will lock and no new inspections can be created until a subscription is activated. If you do not subscribe at the end of the trial period, your ability to create new reports and export content will be suspended. Your existing locally stored data will remain on your device. You may subscribe at any time to restore full functionality. Trial terms, any auto-renewal, and cancellation procedures are described in our [Billing Policy](./BILLING_POLICY.md). Please review those terms before subscribing. ### 3.3 Company License If your employer or organisation holds a subscription ("Company"), the licence is granted to your Company. You are authorised to use the App as an end user under the Company's subscription for the duration of that subscription. **Your Company is responsible for:** - Purchasing and managing the subscription - Inviting, managing, and removing users (employees/contractors) - All billing and payment matters **As a Company end user, you are NOT required to:** - Make any payments to use the App - Manage subscription billing - Purchase upgrades or additional features Your company administrator manages seat allocation and subscription status. --- ## 4. Restrictions You may NOT: - Copy, modify, distribute, sell, or lease any part of the App - Reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law - Sublicense, rent, or lend the App to third parties - Use the App for any unlawful purpose - Remove or alter any proprietary notices or labels on the App - Share account credentials with unauthorised users - Circumvent subscription or access controls - Use the App to store or transmit content that is unlawful, defamatory, or infringes any third-party rights --- ## 5. Intellectual Property The App, including all content, features, and functionality (code, design, graphics, logos, trademarks), is owned by or licensed to InspectPro and is protected by New Zealand and international intellectual property laws. This EULA grants you a licence to use the App only. It does not transfer any ownership of the App or any intellectual property to you, and it does not grant you any rights to our trademarks or branding. --- ## 6. Your Data and User-Generated Content ### 6.1 Ownership You retain full ownership of all content you create using the App, including photos, inspection notes, and reports. We do not claim any ownership over your inspection content. ### 6.2 Local Storage Inspection content is stored locally on your device as the only copy held within InspectPro. You are responsible for maintaining your own backups and for any loss of locally stored data. ### 6.3 Backup **You are responsible for maintaining your own backups.** **Manual Backup (user-initiated):** You can create a full backup at any time via **Settings → Data Management → Backup**. This generates a ZIP file containing all inspections, photos, and settings. You can restore from a backup via the same screen. Restoring from a backup replaces all existing inspection data on your device. We also recommend using your device's built-in backup features (e.g. iCloud device backup) as an additional precaution. These are independent of InspectPro. InspectPro does not automatically sync inspection data to our servers. Your inspection content is stored locally on your device only. ### 6.4 Temporary PDF Uploads When you use the **Approval Workflow** or **Send to Client** features, finalised PDF reports are temporarily uploaded to Supabase Storage to enable those delivery flows: - Approval PDFs are automatically deleted after **72 hours** - Client delivery PDFs are automatically deleted after **7 days** Outside of these user-initiated flows, we do not access or process your inspection content for any purpose. ### 6.5 Data on Termination On account termination or subscription cancellation, your account data in Supabase will be deleted within **30 days** of the termination date. Pending PDF delivery files will be deleted on their automated schedule (72h / 7 days). Your locally stored data and any manual backup exports remain under your control and are not affected by account termination. --- ## 7. Subscription and Payment Subscription billing, trial periods, cancellation, refund, and payment terms are set out in our [Billing Policy](./BILLING_POLICY.md). We do not process or store payment card information — all payments are handled securely by Stripe. In the event of any conflict between this EULA and the Billing Policy on billing matters, the Billing Policy prevails. --- ## 8. Warranties We will provide the App with reasonable care and skill. We aim to ensure the App performs reliably and as described, though we cannot guarantee that it will always be error-free or uninterrupted. To the extent permitted by the CGA and applicable law, we do not warrant that: - The App will meet all of your individual requirements - The App will be continuously available or error-free - Any errors or defects will be corrected within a specific timeframe **For consumers:** the CGA implies guarantees about the quality of the App and our services that cannot be excluded. See Section 2. **For business users acquiring the App in trade:** the above limitations and exclusions apply to the fullest extent permitted by law. --- ## 9. Limitation of Liability ### 9.1 Consumer Users (CGA Applies) If you are a consumer under the CGA, our liability for any failure to comply with a consumer guarantee is governed by the CGA. We are not entitled to and do not exclude or limit those statutory remedies. ### 9.2 Business Users (CGA Excluded) Where you acquire the App in trade and the CGA is excluded under Section 2: - Our total aggregate liability to you for all claims arising under or in connection with this EULA shall not exceed the total fees you paid to InspectPro in the **12 months preceding the claim**, or **NZD $500**, whichever is greater. - We exclude all liability for indirect, consequential, special, or punitive damages, including loss of profits, loss of data, or loss of goodwill. ### 9.3 All Users Nothing in this EULA excludes or limits our liability for: - Death or personal injury caused by our negligence - Fraud or fraudulent misrepresentation - Any other liability that cannot be excluded or limited by applicable law --- ## 10. Indemnification You agree to indemnify, defend, and hold harmless InspectPro and its officers, directors, and employees from any third-party claims, liabilities, damages, and reasonable expenses arising directly from: (a) your **material breach** of this EULA; (b) your violation of any applicable law or regulation; or (c) content you submit or transmit through the App that infringes any third-party intellectual property, privacy, or other rights. This indemnification does not apply to any claims arising from InspectPro's own acts, omissions, negligence, or breach of this EULA. --- ## 11. Termination ### 11.1 Termination by InspectPro We may terminate this EULA and your access to the App if you materially breach its terms and fail to remedy the breach within **14 days** of written notice from us specifying the breach and the remedy required. Termination is immediate and without notice where: - The breach is not capable of remedy; or - Required by applicable law; or - You use the App for unlawful purposes or in a way that poses security risks to other users. Where InspectPro terminates this EULA for any reason other than breach, we will provide at least **30 days' prior written notice**. ### 11.2 Termination by You You may terminate this EULA at any time by uninstalling the App and cancelling your subscription in accordance with our Billing Policy. ### 11.3 Effect of Termination Upon termination: - Your right to use the App ceases immediately - Your locally stored data remains on your device - Account data stored in Supabase will be deleted within 30 days (see Section 6.5) - Sections 4, 5, 9, 10, 12, and 13 survive termination --- ## 12. Updates and Changes ### 12.1 App Updates We may update the App from time to time to add features, fix bugs, or improve performance. Certain updates may be required for continued use of the App. Your continued use of the App following an update constitutes acceptance of the updated App. ### 12.2 EULA Changes We may update this EULA from time to time. If we make material changes, we will notify you via the App or by email prior to the changes taking effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated EULA. --- ## 13. Dispute Resolution ### 13.1 Informal Resolution We encourage you to contact us first if you have a dispute. Most issues can be resolved quickly by contacting us at **support@aiconsult.co.nz**. We will attempt to resolve any dispute informally within 30 days. ### 13.2 Disputes Tribunal If informal resolution fails and your claim is within the jurisdiction of the New Zealand Disputes Tribunal (generally up to NZD $30,000), you may refer the matter to the Disputes Tribunal. ### 13.3 Courts For claims outside Disputes Tribunal jurisdiction, disputes will be resolved in the courts of New Zealand. --- ## 14. Governing Law and Jurisdiction This EULA is governed by and construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the New Zealand courts. --- ## 15. Apple App Store Additional Terms The following terms apply where you have acquired the App through Apple's App Store: 1. **Acknowledgement:** You acknowledge that this EULA is between you and InspectPro only, and not with Apple Inc. ("Apple"). InspectPro, not Apple, is solely responsible for the App and its content. 2. **Scope of Licence:** The licence granted in this EULA is a limited, non-transferable licence to use the App on any Apple-branded product you own or control and as permitted by the App Store Terms of Service. 3. **Maintenance and Support:** Apple has no obligation to provide maintenance or support services for the App. InspectPro is solely responsible for providing any such support to the extent required under applicable law or under this EULA. 4. **Warranty:** To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. 5. **Product Liability:** InspectPro, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. 6. **Intellectual Property:** In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, InspectPro, not Apple, will be responsible for the investigation, defence, settlement, and discharge of any such claim. 7. **Third-Party Beneficiary:** You acknowledge and agree that Apple and Apple's subsidiaries are **third-party beneficiaries** of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary. 8. **Third-Party Terms:** You must comply with applicable third-party terms of agreement when using the App (e.g., if you use a VoIP application, you must not be in violation of your wireless data service agreement). --- ## 16. General ### 16.1 Severability If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. ### 16.2 Waiver Failure by either party to enforce any right or provision of this EULA does not constitute a waiver of that right or provision. ### 16.3 Assignment You may not assign or transfer your rights under this EULA without our prior written consent. We may assign our rights under this EULA without restriction. ### 16.4 Entire Agreement This EULA, together with our Privacy Policy, Terms of Use, and Billing Policy, constitutes the entire agreement between you and InspectPro regarding the App and supersedes all prior agreements, representations, and understandings relating to the same subject matter. --- ## 17. Contact Us If you have questions about this EULA, please contact us: **InspectPro / Selah AI Consulting Ltd** **Email:** support@aiconsult.co.nz --- *By downloading, installing, or using InspectPro, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.* --- **Version history:** - v5.2 — April 2026: Added Australian Consumer Law carve-out (Section 2). - v5.1 — April 2026: Corrected trial cap disclosure (10 inspections), removed iCloud auto-backup claims (future feature), fixed storage terminology, added overwrite-on-restore caveat. - v5.0 — March 2026: Full rewrite. Added Solo User License, CGA/FTA compliance, Apple App Store clauses, cure period, backup disclosure, dispute resolution. - v4.0 — March 2026: Previous version (superseded).