Term & Condition
1. Introduction
1.1 These Terms & Conditions (“Terms”) govern your access to and use of the services, software, website, and platform (collectively, the “Service”) provided by Pinnacle Inspect Pro (“we,” “us,” “our”), including but not limited to home inspection scheduling, inspection reporting, and related features available via https://pinnacleinspectpro.ca/ (the “Site”) or associated mobile apps or integrations.
1.2 By registering for or using the Service in any way, you (the “User,” “you,” “your”) agree to these Terms (as updated from time to time). If you do not agree with these Terms, you must not use the Service.
1.3 We may modify or revise these Terms at any time. The “Last updated” date above will reflect changes. Substantial changes will be communicated (e.g. via email or prominent notice). Continued use after modifications constitutes acceptance.
2. Eligibility & Accounts
2.1 You must be of legal age (e.g. 18 years or older in Ontario) and have the legal capacity to enter into a binding agreement to use the Service.
2.2 You must register an account (“Account”) to access certain features. You agree to provide accurate, current, and complete information and to maintain and promptly update it.
2.3 You are responsible for maintaining confidentiality of your login credentials and for all activity occurring under your account. You must notify us immediately of any unauthorized use.
2.4 We may suspend or terminate accounts, or refuse service, in our discretion, especially if we suspect violations or misuse of the Service.
3. Services & Use of Platform
3.1 Home Inspection Services (Third-Party Providers). Pinnacle Inspect Pro is a platform that connects property owners, buyers, or renters (“Clients”) with independent home inspectors (“Inspectors”). We are not, ourselves, the inspector or provider of the physical home inspection service. We do not warrant the quality of any inspection, but facilitate scheduling, reporting, communications, and payments.
3.2 We may enable features including appointment scheduling, digital inspection reports, photo attachments, messaging between Users, payment processing, notifications, integrations, etc.
3.3 You agree to use the Service only for lawful and permitted purposes. You must not misuse the Service, reverse engineer it (to the extent prohibited by law), interfere with others’ use, or introduce malware or harmful content.
3.4 You agree not to use the Service in any way that could harm our reputation, or that of any inspector, or that is illegal, abusive, fraudulent, discriminatory, or otherwise objectionable.
3.5 We may impose limits and restrictions on features, usage, or access (e.g. quotas, maximum number of inspections, file sizes, etc.). We may change or discontinue features at any time.
4. Payments, Fees & Refunds
4.1 Transactions. If the Service allows you to pay for an inspection or related service through the platform, you agree to the pricing, billing, and payment terms presented at the time of booking.
4.2 Fees. We may charge platform fees, transaction fees, subscription fees, or commissions as applicable. All fees are stated in Canadian dollars (unless otherwise specified) and do not include applicable taxes (e.g. GST/HST), which you are responsible for.
4.3 Payment Processing. We may use third-party payment processors. Your payment information is subject to the terms and policies of those processors.
4.4 Refunds & Cancellations. The refund or cancellation policy for inspections is governed by the policy disclosed at booking. Generally, cancellations made beyond a certain window may be eligible for partial or full refunds; late cancellations or no-shows may be non-refundable. Platform fees may or may not be refundable, as disclosed.
4.5 Delinquent Payments. If a User fails to pay fees due, we may suspend or terminate access, and/or pursue legal remedies to recover amounts owed, including interest, collection, and legal costs.
5. Content, Reports & Data
5.1 Inspection Reports. Inspectors generate inspection reports. Users acknowledge that each report is the responsibility of the Inspector, not Pinnacle Inspect Pro. We do not guarantee their accuracy or completeness.
5.2 User Content. You may upload or submit content (photos, comments, messages, reviews) (“User Content”). You grant Pinnacle Inspect Pro a nonexclusive, royalty-free, worldwide license to use, display, reproduce, and modify User Content as necessary to provide the Service.
5.3 You represent and warrant that you have all rights, consents, and permissions for any User Content you submit, and that it does not infringe intellectual property rights or violate laws.
5.4 Data & Analytics. We may aggregate, anonymize, and use usage data, analytics, and performance metrics for improving the Service, for internal business purposes, or for reporting, provided such data does not personally identify Users (unless you consent).
5.5 Backups & Retention. We may retain copies or backups of data, including to satisfy legal obligations. We are not liable for loss or corruption of data beyond willful misconduct or gross negligence.
6. Intellectual Property
6.1 The Service, software, design, text, graphics, logos, trademarks, and other intellectual property (the “Platform IP”) are owned by, licensed to, or controlled by Pinnacle Inspect Pro (or its licensors), and protected under copyright, trademark, trade secret, and other laws.
6.2 You agree not to copy, modify, redistribute, or create derivative works of the Platform IP except as expressly permitted under these Terms or by us in writing.
6.3 If you believe any content on our Service infringes your copyright or rights, you may submit a notice following our Copyright Policy (if we maintain one).
7. Disclaimers & Limitations of Liability
7.1 No Warranty. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR PERFORMANCE.
7.2 Third-Party Inspectors. We do not guarantee or warrant the quality, competence, or legal compliance of any Inspector. We disclaim all liability for inspections, inspections’ outcomes, professional judgments, opinions, or advice given by Inspectors.
7.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PINNACLE INSPECT PRO (OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Cap on Direct Damages. TO THE EXTENT LIABILITY IS NOT EXCLUDED OR LIMITED, THE AGGREGATE LIABILITY OF PINNACLE INSPECT PRO FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE PRIOR 12 MONTHS (OR, IF YOU HAVE NOT PAID US, A NOMINAL AMOUNT SUCH AS CA$100).
7.5 Exceptions. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by our gross negligence or willful misconduct, (ii) fraud, or (iii) other liability that cannot be excluded or limited under applicable law.
8. Indemnification
8.1 You agree to indemnify, defend, and hold us (and our officers, directors, employees, agents, affiliates) harmless from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of:
- your breach of these Terms;
- your use of the Service;
- your User Content;
- your violation of laws or rights of third parties;
- your relationship or transaction with any Inspector or other User.
8.2 We reserve the right (at our option) to assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate.
9. Termination & Suspension
9.1 We may suspend or terminate your access (in whole or in part) at any time, with or without cause, and with or without notice, to the extent permitted by law.
9.2 Upon termination, your right to access the Service ceases. You may also be prohibited from registering again, and any obligations accrued prior to termination survive.
9.3 Sections regarding payments, disclaimers, limitations of liability, indemnification, confidentiality, intellectual property, etc., shall survive termination.
10. Confidentiality & Privacy
10.1 Confidential Information. You may receive or have access to confidential information (business, technical, financial) of us or other Users. You agree to hold it in confidence and not disclose or use it except as permitted in these Terms.
10.2 Our Privacy Policy (if available) governs collection, use, storage, and sharing of personal data. By using the Service you also accept our Privacy Policy, which is incorporated by reference as if fully set out here.
11. Dispute Resolution & Governing Law
11.1 These Terms and your use of the Service shall be governed by and construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to conflict of law principles.
11.2 Informal Resolution. Prior to initiating litigation, you agree to attempt good faith informal resolution. You must send a written notice to us describing the dispute and allow at least 30 days to respond.
11.3 Arbitration / Mediation (Optional). (Optional: insert arbitration or mediation clause if desired and enforceable in your jurisdiction.)
11.4 Court & Venue. If a dispute is not resolved by alternate means, the courts in the Province of Ontario shall have exclusive jurisdiction and venue, and you consent to personal jurisdiction there.
12. Miscellaneous
12.1 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
12.2 Waiver. No failure or delay by us to enforce any right or remedy under these Terms shall constitute a waiver of that right.
12.3 Assignment. You may not assign or delegate your rights or obligations under these Terms without our prior written consent. We may assign or delegate in connection with mergers, acquisitions, or corporate reorganizations.
12.4 No Third-Party Beneficiaries. Unless expressly stated, these Terms do not confer rights on any third-party (other than permitted enforcees like successors or affiliates).
12.5 Entire Agreement. These Terms (plus the Privacy Policy, any disclosures, schedules, and amendments) constitute the entire agreement between you and Pinnacle Inspect Pro regarding your use of the Service, superseding all prior or contemporaneous proposals, agreements, or communications.
12.6 Notices. We may provide notices by email, posting on the Site, or other means. You agree notices given in these ways are adequate.
12.7 Force Majeure. We will not be liable or responsible for any delay or failure in performance resulting from causes beyond our reasonable control (e.g. natural disasters, civil unrest, power failures, government actions).