Field Inspector Pro | Terms of Service & Privacy Policy

Terms of Service

Last Updated: December 14, 2024 | Effective Date: December 14, 2024

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and DAK Enterprises LLC ("we," "us," "our," "Company"), the operator of Field Inspector Pro ("the App," "the Service"). By downloading, installing, accessing, or using Field Inspector Pro, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP. IMMEDIATELY DELETE THE APP FROM YOUR DEVICE.

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, accessing, or using Field Inspector Pro, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into this Agreement
You are not prohibited from using the App under applicable laws
If using on behalf of an organization, you have authority to bind that organization

1.2 Additional Terms

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

1.3 Modifications

We reserve the right to modify these Terms at any time. Changes become effective upon posting. Your continued use constitutes acceptance.

2. Description of Service

2.1 App Purpose

Field Inspector Pro is a mobile application designed to assist professionals in creating, managing, and distributing field inspection reports, including:

Creating and editing inspection reports
Capturing and attaching photos
Recording location and weather data
Managing job and project information
Generating PDF reports
Collaborating through data sharing

2.2 Professional Tool Disclaimer

THE APP IS A DOCUMENTATION TOOL. IT DOES NOT PROVIDE PROFESSIONAL ENGINEERING, ARCHITECTURAL, CONSTRUCTION, SAFETY, OR LEGAL ADVICE.

You are solely responsible for:

The accuracy and completeness of inspection data
Professional judgments and determinations
Compliance with applicable codes, standards, and regulations
Obtaining and maintaining required professional licenses
Meeting professional standards of care

2.3 Service Availability

We do not guarantee uninterrupted availability. The App may be unavailable due to maintenance, technical failures, third-party outages (including Apple iCloud), or force majeure events.

3. Account and Access

3.1 iCloud Account Requirement

The App requires an active Apple iCloud account. You agree to Apple's iCloud Terms and Conditions and Privacy Policy.

3.2 Account Security

You are responsible for maintaining account security and all activities under your account.

3.3 Account Termination

We may suspend or terminate your access at any time, with or without cause or notice.

4. User Responsibilities and Conduct

4.1 Lawful Use

You agree to use the App only for lawful purposes in compliance with all applicable laws, professional licensing requirements, and industry standards.

4.2 Prohibited Uses

You agree NOT to:

Use the App for illegal purposes
Create false, misleading, or fraudulent inspection reports
Misrepresent your professional qualifications
Impersonate another person or entity
Violate third-party intellectual property rights
Transmit viruses or harmful code
Attempt unauthorized access to systems or data
Reverse engineer, decompile, or disassemble the App
Sublicense, sell, or transfer your rights

4.3 Data Responsibility

You are solely responsible for all data you enter, its accuracy, maintaining backups, and complying with data protection laws.

4.4 Professional Responsibility

The App does not replace professional judgment. You must independently verify all inspection findings and are responsible for all professional opinions in reports.

5. Data Sharing and Collaboration

5.1 CloudKit Sharing

When sharing data through CloudKit:

You grant shared users access to view and modify data
You are responsible for selecting appropriate participants
Shared users may export or copy data
Revoking access does not delete previously exported data

5.2 Your Responsibility

YOU ARE SOLELY RESPONSIBLE FOR determining who may access shared data, ensuring compliance with confidentiality agreements, and protecting sensitive information.

6. Intellectual Property

6.1 App Ownership

The App, including code, design, features, and documentation, is owned by DAK Enterprises LLC and protected by intellectual property laws.

6.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal or internal business purposes.

6.3 Your Content

You retain ownership of data you create. You grant us a limited license to store and process your content to provide the Service.

6.4 Feedback

Any feedback or suggestions you provide may be used by us without obligation or compensation.

7. Third-Party Services

The App relies on Apple services (iCloud, CloudKit, WeatherKit, Core Location) and Open-Meteo API. Your use is subject to their respective terms. We are not responsible for third-party service availability, performance, or changes.

8. Fees and Payment

App pricing is displayed in the Apple App Store. All payments are processed by Apple per their terms. Refunds must be requested through Apple.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

USE OF THE APP IS AT YOUR SOLE RISK.

We have no obligation to review, monitor, verify, correct, or update any data, reports, or content generated through the App.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:

MERCHANTABILITY: Fitness for commercial use
FITNESS FOR A PARTICULAR PURPOSE: Meeting your specific requirements
NON-INFRINGEMENT: Freedom from third-party IP claims
ACCURACY: Accuracy of data, calculations, or outputs
RELIABILITY: Uninterrupted or error-free operation
SECURITY: Freedom from vulnerabilities
DATA PRESERVATION: Preservation or recoverability of data

THE APP DOES NOT PROVIDE PROFESSIONAL ADVICE. RELIANCE ON THE APP FOR PROFESSIONAL DECISIONS IS AT YOUR OWN RISK.

We do not warrant that inspection reports meet legal requirements, comply with industry standards, or are sufficient for any particular purpose.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAK ENTERPRISES LLC SHALL NOT BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, business, or goodwill
Cost of substitute products or services
Personal injury or property damage
Damages from unauthorized access, data loss, or breach
Errors, bugs, or inaccuracies
Third-party conduct or services
Service interruption or cessation
Viruses or malicious code
Any other matter related to the App

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

Fifty United States Dollars ($50.00 USD), OR
The amount you paid for the App in the twelve (12) months preceding the claim

These limitations apply even if any limited remedy fails of its essential purpose or we have been advised of the possibility of such damages.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS:

DAK Enterprises LLC
Its owners, officers, directors, employees, agents, and affiliates

FROM AND AGAINST ANY AND ALL:

Claims, demands, actions, or proceedings
Damages, losses, liabilities, costs, and expenses
Attorneys' fees and legal costs
Settlements and judgments

ARISING FROM OR RELATED TO:

Your use of the App
Your Content and data
Your violation of these Terms or any law
Your professional activities and inspection services
Inspection reports you create or distribute
Claims by your clients, employers, or third parties
Allegations of professional malpractice related to your use of the App
Your negligence, errors, or omissions

We reserve the right to assume exclusive defense of any matter subject to indemnification. You agree not to settle any claim without our prior written consent.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us and attempt informal resolution for at least thirty (30) days.

12.2 Binding Arbitration

ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED BY BINDING ARBITRATION, except for intellectual property disputes where injunctive relief may be sought in court.

Arbitration shall be conducted:

Under the rules of the American Arbitration Association (AAA)
By a single arbitrator
In Naples, Florida
In the English language

The arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate claims or preside over any class proceeding.

12.4 Small Claims Exception

Either party may bring an individual action in small claims court if the claim qualifies.

12.5 Opt-Out Right

You may opt out of arbitration by sending written notice within thirty (30) days of first accepting these Terms to: DAK Enterprises LLC, 841 Bluebird St., Naples, FL 34104.

13. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

For matters not subject to arbitration, you consent to exclusive jurisdiction of state and federal courts in Collier County, Florida.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

14. Term and Termination

14.1 Term

These Terms are effective upon your first use and continue until terminated.

14.2 Termination by You

You may terminate by deleting the App, your data, and ceasing all use.

14.3 Termination by Us

We may terminate or suspend access at any time, with or without cause or notice.

14.4 Effect of Termination

Upon termination, your license terminates immediately. Sections 6, 9, 10, 11, 12, 13, and 15 survive termination.

15. General Provisions

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement regarding the App.

15.2 Severability

If any provision is found invalid, the remaining provisions continue in full force.

15.3 Waiver

Our failure to enforce any provision is not a waiver.

15.4 Assignment

You may not assign these Terms. We may assign without restriction.

15.5 No Third-Party Beneficiaries

No third-party beneficiary rights are created, except Apple Inc. is a third-party beneficiary.

15.6 Force Majeure

We are not liable for failures due to causes beyond our reasonable control.

15.7 Headings

Section headings are for convenience only.

16. Apple-Specific Terms

As required by Apple:

These Terms are between you and DAK Enterprises LLC, not Apple
DAK Enterprises LLC is solely responsible for the App and its content
Your license is limited to use on Apple-branded products you own or control
DAK Enterprises LLC is responsible for maintenance, support, and warranties
DAK Enterprises LLC is responsible for product claims, including liability and legal compliance
DAK Enterprises LLC is responsible for intellectual property claims
You represent you are not in an embargoed country or on a prohibited party list
Apple and its subsidiaries are third-party beneficiaries of these Terms

For App Store inquiries, contact Apple at https://www.apple.com/legal/internet-services/itunes/

17. Professional User Provisions

By using the App for professional inspection services, you acknowledge:

You possess all required professional licenses and certifications
You will maintain professional liability insurance as required
You are solely responsible for professional standards of care
The App is a documentation tool, not a substitute for expertise
You will independently verify all inspection findings
You are responsible for compliance with all applicable regulations

THE APP DOES NOT PROVIDE ENGINEERING, ARCHITECTURAL, LEGAL, OR OTHER PROFESSIONAL ADVICE.

18. Contact Information

Field Inspector Pro
Operated by DAK Enterprises LLC

Email: [email protected]
Address: 841 Bluebird St., Naples, FL 34104

19. Acknowledgment

BY USING FIELD INSPECTOR PRO, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms and the Privacy Policy
You understand the limitations and disclaimers herein
You accept sole responsibility for your use of the App
You accept the arbitration agreement and class action waiver

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE FIELD INSPECTOR PRO.

Privacy Policy

Last Updated: December 14, 2024 | Effective Date: December 14, 2024

Introduction

This Privacy Policy describes how Field Inspector Pro ("we," "us," "our," or the "App"), operated by DAK Enterprises LLC, collects, uses, stores, shares, and protects information when you use our mobile application. By downloading, installing, or using Field Inspector Pro, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THE APP.

1. Information We Collect

1.1 Personal Information

We collect the following personal information that you provide directly:

Account Information: Your Apple iCloud account identifier (used for authentication and data synchronization)
Professional Identity: Name, job title, professional license number(s), license state, email address, phone number
Company Information: Company name, business address (street, city, state, ZIP code), phone number, company logo
Signatory Information: Names, titles, license numbers, and email addresses of individuals who sign inspection reports

1.2 Inspection Data

The App collects detailed information related to your inspection activities:

Report numbers, plan numbers, and inspection dates
Project details (project name, client name, permit numbers)
Site addresses and locations
Structural element types, work zones, onsite crew information
Inspection descriptions, observations, findings, and exceptions
Conforming/non-conforming status determinations
Distribution contact lists and general notes
Photo and attachment references

1.3 Location Data

When you grant permission, we collect:

Precise GPS Coordinates: Latitude and longitude of your device during inspections
Reverse-Geocoded Addresses: Human-readable addresses derived from GPS coordinates
Location Timestamps: When and where location data was captured

Location data is used to record inspection site information and fetch weather conditions. You may deny location access, but certain features will be unavailable.

1.4 Photos and Images

When you grant camera and photo library permissions:

Inspection Photos: Images captured via camera or selected from your photo library
Photo Metadata: Capture date, time, and any embedded metadata (EXIF data)
Company Logos: Images uploaded as company branding

Photos are compressed, may be watermarked with inspection details, and stored with your inspection records.

1.5 Weather Data

We automatically collect weather information at inspection locations:

Temperature and weather conditions
Location name and timestamp of weather data retrieval

1.6 Audit and Edit History

For compliance and accountability purposes, we track:

All modifications made to inspection records
Editor identity, date, and time of each edit
Previous and new values of changed fields

1.7 Device and Technical Information

We may collect:

Device type and operating system version
App version and iCloud account status
Error logs generated during App use

2. How We Use Your Information

We use collected information for the following purposes:

Core Functionality: Creating, editing, and managing inspection reports; generating PDFs; recording locations and weather
Data Synchronization: Synchronizing your data across devices via Apple iCloud/CloudKit
Collaboration: Enabling shared access to inspection data with authorized users
Record Keeping: Maintaining audit trails and historical inspection data
App Improvement: Identifying technical issues and improving performance

3. Data Storage and Security

3.1 Cloud Storage

Your data is primarily stored using Apple CloudKit, Apple's cloud database service:

Data is encrypted in transit using TLS/HTTPS
Data at rest is encrypted by Apple
Data may be stored in data centers located in the United States and other countries

For more information, see Apple's Privacy Policy.

3.2 Local Device Storage

Limited data is stored locally on your device:

Account default settings and preferences
Temporary files during photo processing (automatically deleted)

3.3 Security Measures

We implement reasonable security measures including reliance on Apple's iCloud authentication, iOS App Sandbox protection, and secure HTTPS connections.

NO METHOD OF TRANSMISSION OR STORAGE IS 100% SECURE. WE CANNOT GUARANTEE ABSOLUTE SECURITY OF YOUR DATA.

4. Data Sharing and Disclosure

4.1 User-Initiated Sharing

The App allows you to share data with others through CloudKit sharing. You are solely responsible for determining who you share data with and ensuring such sharing complies with applicable laws and confidentiality obligations.

4.2 PDF Report Distribution

When you export inspection reports as PDFs, you control distribution. We are not responsible for data once exported from the App.

4.3 Third-Party Service Providers

Apple CloudKit: Data storage and synchronization
Apple WeatherKit: Weather data retrieval (receives GPS coordinates)
Open-Meteo API: Backup weather service (receives GPS coordinates)

4.4 Legal Requirements

We may disclose your information if required by law, legal process, or government request.

4.5 Business Transfers

In the event of a merger, acquisition, or sale of assets, your information may be transferred to the acquiring entity.

4.6 No Sale of Personal Information

WE DO NOT SELL, RENT, OR TRADE YOUR PERSONAL INFORMATION TO THIRD PARTIES.

5. Third-Party Services

The App does not use third-party analytics, crash reporting, or advertising services.

The App relies on Apple services (iCloud, CloudKit, WeatherKit, Core Location). Your use of these services is subject to Apple's terms and privacy policies.

6. Your Rights and Choices

Access and Portability: Access your data through the App; export reports as PDFs
Correction: Correct inaccurate information through the App
Deletion: Delete inspections, jobs, photos, and other records through the App
Permission Controls: Manage Location, Camera, and Photos permissions via iOS Settings
iCloud Account: Manage your account through iOS Settings or appleid.apple.com

7. Data Retention

We retain your data for as long as your iCloud account remains active and you continue to use the App. We do not automatically delete data based on time periods. Data persists until you manually delete it.

8. Children's Privacy

The App is not intended for use by children under the age of 13 (or 16 in certain jurisdictions). We do not knowingly collect personal information from children.

9. International Data Transfers

Your data may be transferred to and processed in countries other than your country of residence, including the United States. By using the App, you consent to such transfers.

10. California Privacy Rights (CCPA)

California residents have the right to:

Request information about personal data collected
Request deletion of personal data
Not be discriminated against for exercising these rights

We do not sell personal information; no opt-out is required.

11. European Privacy Rights (GDPR)

For GDPR purposes, you are the data controller of inspection data you create. We act as a data processor providing the App platform. You have rights to access, rectification, erasure, restriction, portability, and objection.

12. Disclaimer of Warranties

THE APP 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.

USE OF THE APP IS AT YOUR SOLE RISK.

THE APP IS A DOCUMENTATION TOOL AND DOES NOT PROVIDE PROFESSIONAL ENGINEERING, ARCHITECTURAL, CONSTRUCTION, SAFETY, OR LEGAL ADVICE.

We have no obligation to monitor, review, correct, update, or verify any data, reports, or content generated through the App.

We do not warrant that:

The App will be uninterrupted, secure, or error-free
Data will be accurate, complete, or preserved
The App will meet your specific requirements
Inspection reports meet legal or regulatory requirements

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of data, profits, revenue, business, or goodwill
Personal injury or property damage
Unauthorized access to or alteration of your data
Any damages resulting from your use or inability to use the App
Any damages arising from third-party services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00 USD) OR THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless DAK Enterprises LLC, its owners, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

Your use of the App
Your Content and data
Your violation of this Privacy Policy or any applicable laws
Your professional activities and inspection services
Inspection reports you create or distribute
Claims by your clients, employers, or third parties
Allegations of professional malpractice related to your use of the App

15. Dispute Resolution and Arbitration

15.1 Binding Arbitration

Any dispute arising from or relating to this Privacy Policy or the App shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) in Naples, Florida. The arbitrator's decision shall be final and binding.

15.2 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.3 Small Claims Exception

Either party may bring an individual action in small claims court if the claim qualifies.

16. Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

17. Professional Use Disclaimer

By using the App for professional inspection services, you acknowledge that:

You possess all required professional licenses and certifications
You are solely responsible for professional standards of care
The App is a documentation tool, not a substitute for professional expertise
You must independently verify all inspection findings
You are responsible for compliance with applicable codes, standards, and regulations

18. Changes to This Policy

We may update this Privacy Policy from time to time. Changes will be effective when posted. Your continued use of the App after changes constitutes acceptance of the updated Privacy Policy.

19. Contact Us

Field Inspector Pro
Operated by DAK Enterprises LLC

Email: [email protected]
Address: 841 Bluebird St., Naples, FL 34104

20. Acknowledgment

BY USING FIELD INSPECTOR PRO, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS PRIVACY POLICY, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.