Terms of Service

1. What This Agreement Covers

These Terms of Service ("Terms") are an agreement between you and Mold Inspector (operated by ROI Strategic Marketing, "we," "our," or "us"). They apply when you use our website, mobile app, or any related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, please don't use the Service.

2. What We Provide

Mold Inspector is a software platform for mold inspection and remediation professionals. The Service helps you manage assessments, generate reports, send quotes and invoices, communicate with clients via SMS, track leads, and process payments. Access is provided to businesses through a direct arrangement outside of the App Store — there are no in-app purchases.

3. Your Account

You need an account to use most features. When you create one, you agree to:

• Provide accurate information and keep it up to date
• Keep your password secure and not share your login
• Take responsibility for everything that happens under your account
• Let us know right away if you think someone accessed your account without permission

You can delete your account at any time from Settings → Preferences → Delete Account in the app. Account deletion is permanent.

4. Payments, Stripe, and Financial Responsibility

Our platform lets you send invoices to your clients and accept payments through multiple methods including credit cards, ACH, Zelle, and other options.

Important: You are responsible for your own payment processing. Here's what that means:

• Card payments are processed through your own Stripe account, not ours. You are responsible for setting up, maintaining, and managing your Stripe account and any associated fees.
• You are solely responsible for verifying that all payments have been received and properly recorded. While we display payment status in the app, you should independently confirm payments through your Stripe dashboard or bank statements.
• You are responsible for handling all payment disputes, chargebacks, and refunds directly through Stripe or with your clients. Mold Inspector is not a party to the financial transactions between you and your clients.
• For Zelle, cash, and check payments, you are responsible for confirming receipt and manually recording these payments in the app.
• Processing fees displayed in the app (such as card processing percentages) are estimates. Actual fees are determined by Stripe and your account terms.

Mold Inspector does not hold, transfer, or process funds on your behalf. We provide the tools to create invoices, display payment options, and record payment status — but the actual money moves between your client and your payment accounts directly.

5. Platform Subscription

Access to the Service is provided on a subscription basis. Billing occurs in advance on a recurring monthly or annual cycle depending on your plan.

Subscription fees are non-refundable except as required by law. If you cancel, you'll keep access until the end of your current billing period.

6. Your Data Belongs to You

You own everything you put into Mold Inspector — your client records, photos, reports, quotes, and invoices. We don't sell your data. We only use it to provide the Service to you.

You are responsible for maintaining your own backups. While we implement robust backup procedures, we cannot guarantee against data loss (see Section 8 below).

7. Acceptable Use

You agree not to:

• Violate any laws or regulations
• Transmit malware or attempt to access our systems without authorization
• Interfere with or disrupt the Service
• Resell or redistribute the Service without our written permission
• Use the Service for anything illegal or unauthorized

8. Service Availability, Outages, and Errors

We work hard to keep Mold Inspector running smoothly, but like any software, things can go wrong. Here's what you should know:

• The Service may experience outages, downtime, or interruptions due to maintenance, updates, server issues, internet connectivity, third-party service failures, or circumstances beyond our control.
• We do not guarantee that the Service will be available 100% of the time, error-free, or that any errors will be corrected within a specific timeframe.
• The app includes offline functionality, but syncing depends on internet availability and data may be delayed until connectivity is restored.
• Reports, calculations, and data displays in the app are generated automatically and may contain errors. You are responsible for reviewing all reports, quotes, invoices, and documents before sending them to clients.
• SMS messages are delivered through third-party carriers (Twilio) and delivery is not guaranteed. Message delivery failures, delays, or carrier filtering are outside our control.
• PDF generation, lab data imports, and AI-assisted features depend on third-party services and may occasionally fail or produce unexpected results.

Mold Inspector is not liable for any business losses, missed opportunities, lost revenue, client disputes, or damages resulting from service outages, application errors, data inaccuracies, or the unavailability of any feature. You should always maintain independent records of critical business information.

9. Third-Party Services

The Service integrates with third-party platforms including Stripe (payments), Twilio (SMS), laboratory information systems, and push notification services. Your use of these integrations is subject to their own terms and policies. We are not responsible for their availability, accuracy, or performance.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. We make no warranties about the accuracy or reliability of any content, data, reports, or calculations generated through the Service.

11. Limitation of Liability

To the maximum extent permitted by law, Mold Inspector and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business opportunities, or goodwill, whether incurred directly or indirectly, arising from your use of or inability to use the Service. This includes, without limitation, damages arising from service outages, application errors, data loss, payment processing failures, SMS delivery failures, incorrect report data, or any interruption of the Service. Our total liability for any claim shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Mold Inspector and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from your use of the Service, your client relationships and transactions, violation of these Terms, or infringement of any rights of another party.

13. Intellectual Property

The Service and its original content, features, and functionality are owned by Mold Inspector and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

14. Termination

We may suspend or terminate your account for any reason, including violation of these Terms. Upon termination:

• Your access to the Service stops immediately
• You may request a copy of your data within 30 days
• We may delete your data after 30 days

15. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Riverside County, California.

16. Changes to These Terms

We may update these Terms at any time. We'll post the updated version on this page and update the date at the top. Continued use of the Service after changes means you accept the new Terms.

17. Contact Us

Questions about these Terms? Reach out: