Terms of Service

Last updated: September 21, 2026

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

These Terms of Service (“Terms”), including the Binding Arbitration and Class Action Waiver section below govern all users’ access to and use of our website located here: https://www.tapinspect.com/ (our “Site”) and the use by Home Inspection Service Providers (defined below) of our mobile application and/or related services, offered on a software-as-a-service (SaaS) basis through our URL: https://app.tapinspect.com (collectively, the “Application”) made available by Tap Inspect, Inc. (“Tap Inspect,” “we,” “our,” or “us”).

If you are a customer of Tap Inspect (“Home Inspection Service Provider”), and you want to provide your home inspection services reports to your client and otherwise communicate with your clients through your use of the Application, then your use of the Application is subject to these Terms. Home Inspection Service Providers are also subject to Tap Inspect’s Refund & Cancellation Policy and Payment Terms to the extent you use Tap Inspect Payments.

If you are an individual user who purchases the home inspection services of a Home Inspection Service Provider (“Home Inspection Purchaser”), your use of the Application is governed by our End User License Agreement (EULA).

Both Home Inspection Service Providers and Home Inspection Purchasers are subject to Tap Inspect’s Privacy Policy and SMS Terms & Conditions to the extent you permit text message communications through Tap Inspect’s SMS features.

By using our Application, you agree to these Terms, the Refund & Cancellation Policy, the Payment Terms, and the SMS Terms & Conditions, as applicable. If you do not agree to all these agreements, do not use our Application.

Use of Site and Application

The Application is proprietary to Tap Inspect and is protected by intellectual property laws and other laws. Your access to the Application is licensed and not sold. Subject to your timely payment of all fees, if applicable, and compliance with these Terms, Tap Inspect agrees to provide you with a limited, non-transferable account that enables you to access and use the Application to provide reports and communications related to your home inspection services. You acknowledge and agree that the Application is provided by us and not any third party (e.g. a mobile app store like Apple or Google) and that we are solely liable and responsible for the Application provided to you by us under these Terms.

You’re responsible for keeping your account credentials confidential and for all activity under your account, and you agree to tell us right away about any unauthorized use. You’re responsible for providing accurate account and billing information; we’re not liable for problems caused by inaccurate information or an unsecured password. You shall be solely responsible for the security and integrity of all messages and the content that you receive, transmit or store via the Application.

You’re responsible for the content you create, upload, or transmit using the Application, and for using the Application only for lawful purposes consistent with these Terms. Tap Inspect makes no claims that the Application is appropriate or may be downloaded or used outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so at your own risk and you are responsible for compliance with laws of your jurisdiction.

Ownership

You acknowledge that Tap Inspect and/or its licensors own all right, title and interest in, and retain any copyright and other intellectual property rights in all content provided through the Application and collected, developed or licensed by Tap Inspect and/or its licensors for use in conjunction with the Application (collectively “Tap Inspect Content”). For clarification purposes, this does not include the home inspection reports, which are owned by Home Inspection Service Providers as further described in the Section titled “Your Content and Data.” The Application and Tap Inspect Content and all derivatives shall be and remain the property of Tap Inspect or Tap Inspect’s third party licensors. You shall have no rights or interests therein except as set forth in these Terms. You acknowledge and agree that Tap Inspect (and not any third party such as a mobile app store provider) shall be solely responsible to investigate, defend, settle and discharge any third-party claims that the Application infringes any United States patent right, copyright, trade secret or other intellectual property right of such third party. You agree to notify Tap Inspect immediately in writing of any such claim and to cooperate as necessary in the defense and settlement of such claim.

Rights and Restrictions

Rights: Tap Inspect hereby grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to use the Application and the Tap Inspect Content only for your purposes of providing the reports or communications related to your home inspection services on any device (mobile or otherwise) that you own or control in accordance with these Terms. As the Home Inspection Service Provider, you may provide access to your home inspection reports and results to Home Inspection Purchasers through the Application. No licenses or rights are granted to you by implication or otherwise regarding any Tap Inspect intellectual property rights except as expressly set forth herein. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, whether registered or not, in any jurisdiction (i.e., the United States, a foreign country, or international convention or treaty). NOTE: Any access by an iPhone or iPad are also subject to the usage rules set forth in the Apple App Store Terms of Service which you acknowledge that you have had an opportunity to review.

No Copies: You shall have no right to make or use copies of the Application, or any portion thereof. Your access to any Tap Inspect documentation is solely for your use with the Application. Without the prior written permission of Tap Inspect (or its applicable licensor), you may not publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise use, in whole or in part, any Tap Inspect Content contained on or provided through the Application. Requests for Tap Inspect’s permission to publish, copy, reproduce, distribute, transfer, or otherwise use such Tap Inspect Content may be sent to Tap Inspect using the contact information below.

Restrictions: Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (i) use another user’s account; (ii) violate the license granted for the Application; (iii) violate these Terms; (iv) use any automated system (such as robots, spiders, offline readers, or scrapers) to access the Application; (v) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Application or from any other information by any means whatsoever; (vi) distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disclose or allow use of any of the Application or Tap Inspect Content in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; (vii) copy, adapt, modify or create a derivative work of the Application or Tap Inspect Content or any portion thereof; (viii) interfere with the operation of the Application, including attempting to or acting to encumber the Application, bypass system access restrictions, circumvent or disable security measures of the Application, introduce any malicious code, virus or other harmful, or deleterious code, files, scripts, agents or programs; (ix) use the Application in a way that violates a third-party’s intellectual property rights; or (x) use the Application with an intent to violate applicable laws and regulations, including without limitation an intent to harvest or sell any personal information, send unsolicited mail/calls/texts, or recruit/solicit or contact any user for any purpose not intended by the Application or permitted under these Terms, or submitting User Data (defined below) that is libelous, tortuous, infringing, harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law. You also agree not to use the Application or any Tap Inspect Content available through the Application to build or train a competing product.

No Spam: You agree that you will not upload or transmit any communications or content of any type through the Application that infringes or violates any rights of any party. By submitting communications or content through the Application, or by email to us, you agree that such submission is non-confidential. You may not use the Application to send unsolicited commercial emails to any person.

Privacy

Our Privacy Policy describes how we collect, use, and share your personal information. Our obligations regarding your personal information are addressed in our Privacy Policy.

Your Content and Data

You own the content you create or provide through the Application, for example, your inspection reports. Furthermore, Tap Inspect acknowledges that you own all right, title and interest in your personal information uploaded or entered through the Application (“User Data”). We may, in our sole discretion, allow you to post, upload, publish or submit User Data through the Application. By providing us with your User Data, you grant us a worldwide, non-exclusive, transferable, royalty-free, sublicensable license to use, copy, adapt, modify, transfer, publicly display, disclose or allow use of such User Data by Tap Inspect and its third party providers as needed, to provide the Application, to connect users, or respond to communications with you about the Application or Tap Inspect Content. You are solely responsible for all User Data that you provide to us through the Application. You represent and warrant that: (i) you have all rights, title and interest necessary to provide the User Data (including the above license grant); (ii) if required, that you have acquired consent or provided consent for such license grant; (iii) neither the User Data nor your provision to us of the same for use under the above license will infringe, misappropriate, or violate any third-party’s intellectual property rights; and (iv) the User Data will comply with applicable law. If we determine that any User Data violates any of these representations and warranties, threatens or potentially harms another user, violates these Terms, or has the potential to harm Tap Inspect’s intellectual property rights in the Application, then we reserve the right to remove such User Data and may limit, suspend, or cancel the related user account.

Retention of Your Data

We don’t set a fixed limit on storage, though we may impose one in the future with notice. If your account is cancelled, you keep access to your previously published reports and existing data. You just won’t be able to publish new reports until you resubscribe. See our Refund & Cancellation Policy and Privacy Policy for details.

Plans, Term, and Termination

We offer a few different plans: Pay As You Go, Unlimited, and Team. They are described in full, including current pricing, at https://www.tapinspect.com/pricing. There are no long-term contracts on any plan. Switching plans, adding or removing team members, cancelling, and what happens to your access and data are all governed by our Refund & Cancellation Policy, which is incorporated herein by this reference.

Your use rights to the Application will commence upon the earlier of: (i) your access to any component of our Application; (ii) your registration for a user account; or (iii) your company’s grant of your access to the Application. You may be required to subscribe to a Tap Inspect account and your rights for such account will continue to be available as long as fees, if applicable, have been paid in accordance with the account terms for the current subscription period.

You can cancel at any time. See our Refund & Cancellation Policy for how to cancel. You acknowledge that any fees paid for the current subscription period shall not be refunded, except at our discretion. See our Refund & Cancellation Policy for details.

We may terminate your account at any time upon notice: (i) for failure to pay the subscription fees, if applicable, for the current subscription period; (ii) your material breach of these Terms; or (iii) extended account inactivity in which case, where practical, we’ll give notice first.

Tap Inspect offers limited trial periods in which event, your trial usage is subject to these Terms for the trial period. You further acknowledge and agree that during the trial period, your usage of the Application may have limitations on volume, data access, features and other functionality as determined by Tap Inspect in its sole discretion. For more information on trial periods, please see our Refund & Cancellation Policy.

Payment

Fees are due in U.S. dollars. For monthly plans, we charge the card on file on your billing date; for Pay As You Go, we charge when you purchase a new block of jobs. If a charge is declined, we may pause your subscription, and if your account remains past due for 30 days, we’ll cancel your subscription. We don’t charge interest on past-due balances, but you’re responsible for our reasonable collection costs. If your payment method is declined, or you fail to timely pay fees due, you agree to indemnify and hold Tap Inspect harmless from any costs and expenses incurred, including reasonable attorneys’ fees, in collection efforts. We charge and collect sales tax where applicable; beyond that, you’re responsible for any taxes related to the fees paid or your use of the Application.

We may change our pricing with at least 30 days’ notice by email before it takes effect on your next billing cycle.

We don’t offer refunds for prepaid jobs or unused subscription time, except at our discretion. See our Refund & Cancellation Policy for details.

If you use Tap Inspect Payments to collect fees from your own clients (i.e. a Home Inspection Purchaser), that feature is governed by our separate Payments Terms, which is part of these Terms. You’ll also need to separately accept the terms of our payment processing partner, ProPay, to use it.

If you elect to pay fees, if applicable, by credit card, you are responsible for providing a valid credit card number at the time you register to pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your account for the Application at the fees then in effect, including any unauthorized charges incurred prior to your notice to Tap Inspect of such charges. You agree that Tap Inspect may pass your credit card information and personal information to Tap Inspect’s designated payment processors for their use in processing the credit card payment for the Application.

Changes to the Application

We may automatically update the Application to fix bugs, add features, and improve the Application without notice. We may modify or discontinue features of the Application or discontinue the Application altogether with or without notice, and we’re not liable for the impact of doing so. We’ll make reasonable efforts to give advance notice of changes that materially reduce functionality you’re actively paying for. Tap Inspect and its suppliers have no obligation to update information presented on the Application, so information contained therein may be out of date at any given time.

No Guaranteed Availability or Response Time

We don’t currently offer a service-level agreement or guarantee any specific level of uptime or support response time. The Application is provided “AS IS” and “AS AVAILABLE,” consistent with the Disclaimer of Warranties below. We do publish target support response times in our help center as a matter of practice: that’s a service commitment for which we aim.

You agree that from time to time the Application may be inaccessible or inoperable for various reasons, including: periodic maintenance procedures or upgrades (“Scheduled Downtime”); Application malfunctions; and causes beyond the control of Tap Inspect, or which are not reasonably foreseeable by Tap Inspect, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures (collectively “Non-Scheduled Downtime”). Tap Inspect will use commercially reasonable efforts to: (i) provide at least twenty-four (24) hours’ notice by posting notice to the sign-in screen in the event of any Scheduled Downtime; and (ii) minimize any disruption, inaccessibility and/or inoperability of the Application in connection with Non-Scheduled Downtime. Current system status, including any active Scheduled or Non-Scheduled Downtime, is available at https://status.tapinspect.com/.

You acknowledge and agree that no third party (e.g., a mobile app store provider) has any obligation whatsoever to furnish any maintenance and support services with respect to the Application provided under these Terms.

Limitations

Access: You shall be solely responsible for providing, maintaining and ensuring compatibility with the Application access requirements, all hardware, software, electrical or other physical requirements for your use of the Application, including without limitation, mobile devices, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or to use the Application. Additionally, because the Application is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider sor other technological access requirements. We are not responsible for any third-party access requirements (e.g. your Internet service provider).

Supplier Limitation: You agree that the Application is proprietary to Tap Inspect, but access to the Application may include hardware, software elements and other proprietary materials from Tap Inspect’s licensors that may be subject to license restrictions. Consequently, your access to the Application may be subject to the license limitations of Tap Inspect’s licensors. You acknowledge and agree that no third party (e.g., a mobile app store provider) is a Tap Inspect licensor as used in these Terms and that such third parties have no liability or obligation with respect to the Application provided under these Terms.

Disaster Recovery and Business Continuity

We maintain our own internal practices for data backup, disaster recovery, and business continuity, and we may change them at our discretion. We don’t commit to a specific recovery time under these Terms.

Links to Other Sites

The Application may link to third-party sites we don’t control. We’re not responsible for their content or practices of such third parties.

Representations and Warranties

Use of the Application is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Application, you represent and warrant that you meet these requirements. Each Home Inspection Service Provider represents and warrants that on behalf of itself and its employees, agents, suppliers, contractors and subcontractors who may assist them to provide the home inspection services, that it and they: (i) are qualified to provide the home inspection services; (ii) have the experience necessary to perform the home inspection services; (iii) to the extent required, are licensed, certified, bonded, and/or insured, as required by applicable laws and regulations to which such Home Inspection Service Provider is subject in the jurisdiction in which they provide the home inspection services; (iv) have insurance coverage for commercial general liability where required by applicable laws and regulations; (v) are solely liable for their own employment related taxes and benefits and that neither Tap Inspect nor any Home Inspection Purchaser is an employer; (vi) all home inspection services will comply with applicable laws; and (vii) any personal information collected by it will be protected and secured as required under applicable data protection laws. Home Inspection Service Provider acknowledges and agrees that any Home Inspection Purchaser has the right to control its own election to acquire home inspection services from Home Inspection Service Provider and that any terms of such home inspection services are as specified between a Home Inspection Service Provider and a Home Inspection Purchaser. Home Inspection Service Provider controls the methods and means of providing the home inspection services, using Home Inspection Service Provider’s own equipment, expertise, schedule and obligations it assumes in providing home inspection services. Any transmission of a Home Inspection Service Provider report or communication to a Home Inspection Purchaser through the Application constitutes Home Inspection Service Provider’s license for such Home Inspection Purchaser to use the same and to Tap Inspect to provide the Application.

Disclaimer of Warranties

Tap Inspect’s provision of the Application is our sole obligation or the Application which is further subject to the disclaimer below. Tap Inspect is not liable for the provision of home inspection services or any warranty or claim related to the home inspection services. Tap Inspect does not endorse, warrant or make any representation concerning any user, any third-party link or information provided through the Application, or the home inspection services provided by Home Inspection Service Provider. By using the Application, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Tap Inspect with respect to such actions or omissions.

As noted in these Terms, the Application and any Tap Inspect Content contained on or provided through the Application are provided on an “AS IS” basis. Any access to the Application is voluntary. If you download or print any Tap Inspect Content for personal use, you must retain all copyright and other proprietary notices contained thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAP INSPECT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. TAP INSPECT MAKES NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE DATA AND TAP INSPECT CONTENT PROVIDED THROUGH THE APPLICATION. TAP INSPECT WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT TAP INSPECT (INCLUDING OUR LICENSORS) SHALL NOT BE LIABLE IN ANY WAY FOR ANY DATA PROVIDED THROUGH THE APPLICATION FROM A THIRD-PARTY DATA PROVIDER AND THAT ALL SUCH DATA IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF SUCH DATA IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

You acknowledge and agree that third party mobile platform store providers have no obligation for any warranty, express or implied of any kind whatsoever (including without limitation, warranties of title or noninfringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the Application provided under these Terms. You further acknowledge and agree that while such third party mobile platform store providers may agree to refund the purchase price for the Application provided under these Terms, such providers, to the maximum extent permitted by applicable law, shall have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty under these Terms will be solely as permitted under these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAP INSPECT (INCLUDING ITS SUPPLIERS AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DATA PROVIDED BY A THIRD PARTY PROVIDER, THE APPLICATION OR SITE, THE DELAY OR INABILITY TO USE THE APPLICATION, OR FOR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY TAP INSPECT CONTENT CONTAINED ON OR PROVIDED THROUGH THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge and agree that neither Tap Inspect nor our licensors are liable for any personal injury, including death, caused by your use or misuse of the Application or Tap Inspect Content provided through the Application. If the foregoing limitations as to direct damages are not permitted in the relevant jurisdiction, Tap Inspect shall be liable only to the extent of verifiable, actual damages incurred by you directly related to the subscribed for and paid subscription to the Application, not to exceed the lesser of (a) the fees you actually paid for the Application in the three (3) months prior to the date of the event giving rise to such damages; or (b) $100. Any claims arising in connection with your use of the Application or Tap Inspect Content must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms are exclusive and limited to those expressly provided for in these Terms. If you are dissatisfied with the Application, your sole and exclusive remedy shall be for you to discontinue use of the Application and terminate your user account.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE APPLICATION WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.

Third-Party Beneficiaries

You acknowledge and agree that, to the extent applicable, third party app store providers (i.e., Apple or Google), and their subsidiaries, are third party beneficiaries of these Terms, and that upon your acceptance of the terms and conditions in these Terms, such third party app store providers will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Arbitration Agreement and Class Action Waiver

IMPORTANT NOTICE: THIS PROVISION CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS; PLEASE READ CAREFULLY.

This Section is intended to be interpreted broadly and governs any and all disputes between you and us, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Tap Inspect or your use of the Application or any Tap Inspect Content, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms). The only disputes excluded from this broad prohibition are the litigation of intellectual property right infringement claims and other injunctive relief claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all such disputes with Tap Inspect as follows:

Binding Arbitration: You and we agree to discuss in good faith any concern you may have arising out of or in connection with these Terms, including any question regarding its validity or breach hereof (a “Dispute”). If you and we cannot resolve a Dispute through good faith discussions within sixty (60) days, then, upon the written request of either you or us, such Dispute will be referred to and finally resolved by final, binding and confidential arbitration under Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (JAMS) then in effect (“Rules”) which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be one, appointed in accordance with the Rules. All arbitration proceedings shall take place in a mutually agreed upon location, including without limitation an electronic meeting option. The language of the proceedings shall be English. You and we undertake as a general principle to keep confidential all awards in the arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by either you or us in the proceedings. This confidentiality obligation does not extend to any disclosure that may be required of you or us by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority. The deliberation of the arbitrator is likewise confidential to its members, save and to the extent that disclosure of an arbitrator’s refusal to participate in the arbitration is required by the Rules. We will cover the first $250 of the arbitration costs for you. The prevailing party shall be awarded reasonable attorneys’ fees, together with any costs and expenses, to resolve the Dispute and to enforce final judgment (subject only to our coverage of the first $250 of your costs). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Exception: Notwithstanding the foregoing, Tap Inspect shall have the right at any time, in addition to any other remedies available to it, to seek injunctive or other equitable relief for your violation of your confidentiality obligation or infringement of our intellectual property rights, as such violation may cause immediate and irreparable harm to us for which money damages may not constitute an adequate remedy at law. Therefore, the parties agree that, in the event you breach or threaten to breach your obligations of confidentiality or our intellectual property rights, Tap Inspect shall have the right to seek, in any court of competent jurisdiction, an injunction to restrain said breach or threatened breach, without the posting of any bond or other security.

Class Action Waiver: The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TAP INSPECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt-Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on your user account) written notice of your decision to opt out to Tap Inspect at the email address noted below with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Application; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Tap Inspect also will not be bound by them.

Changes to this Section: Tap Inspect will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on its website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Application.

Survival: This Arbitration and Class Action Waiver section will survive any termination of your user account or your use of the Application.

Changes to These Terms

We’ll post updates here and note the date at the top. For a material change, we’ll notify you directly (for example, by email) with reasonable advance notice before it takes effect, the way we already do for pricing changes. We keep at least one prior version of these Terms available on request, consistent with our Privacy Policy.

General Information

Notices. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally; (ii) on the date sent by facsimile or e-mail to the number or e-mail address provided through your account; or (iii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to Tap Inspect shall be made to: Tap Inspect Inc., 4949 Brownsboro Rd., #293, Louisville, KY 40207. You may also contact Tap Inspect by email at legal@tapinspect.com with any questions or comments.

Compliance with Applicable Laws: You agree that you will not use the Application or Site for activities prohibited by state or federal law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnification: You agree to indemnify, defend, and hold harmless Tap Inspect and its officers, directors, employees, agents, licensors, third party content providers, and suppliers from any liability, loss, claim, action, demand, and expense (including reasonable attorneys’ fees) resulting from, or alleged to result from, your violation of these Terms.

Entire Agreement: These Terms, together with our Privacy Policy, our Payment Terms, Refund & Cancellation Policy, and (if applicable) our SMS Terms & Conditions, are the entire agreement between you and Tap Inspect regarding the Application and Site. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.

Governing Law: These Terms are governed by the laws of the State of Kentucky. Except as described in the “Arbitration Agreement and Class Action Waiver” above, any court proceeding must be brought in, and you agree to the personal jurisdiction of, the courts in Jefferson County, Kentucky, and disputes specifically about Tap Inspect Payments processing are instead governed by our Payment Terms and ProPay’s own terms, as described there. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods.

Assignment: You are not permitted to assign these Terms or your user account or any of your rights and obligations to these Terms, in whole or in part, without the prior written consent of Tap Inspect.

Waiver and Severability: Our failure to enforce a provision isn’t a waiver of it. If a provision is found unenforceable, the rest of these Terms remain in effect.

Section headings are for convenience only and don’t affect interpretation.