Terms of Service

§1 Acceptance of Terms

By creating an account, signing an order form, or using the Service, Client agrees to be bound by these Terms. If Client is entering into these Terms on behalf of an organization, Client represents it has authority to bind that organization.

§2 Definitions

Client

The business that has registered a subscription and is identified as the owner of one or more Projects.

Project

A workspace a Client creates to document and manage one construction, development, or capital project.

Building & Location

A Project is organized into Buildings, each with one or more levels, and Locations within a level — a Suite/unit, or a Common Area, Corridor, or Exterior space.

Photo Room

A labeled space within a Suite (e.g. Kitchen, Bathroom) that a Client configures, used to organize progress photos by where in the unit they were taken.

User

An individual Client grants access to the platform, at a permission level the Client assigns. Every individual who uses the Service does so as a User under a Client's account.

Content

Photographs, progress records, deficiency and punch-list entries, pre-delivery inspection records, and other data uploaded to, or generated within, a Project.

Service

The InPresentia web platform and related infrastructure made available under these Terms.

§3 The Service

InPresentia provides a platform on which each Client creates and manages its own Projects, organizes them into Buildings and Locations, documents progress with timestamped photographs, and — on subscription tiers that include them — tracks deficiencies, punch lists, and pre-delivery inspections, and manages Users under ranked permission levels it sets per Project. Available modules and usage limits depend on the Client's subscription and are described at checkout or in an order form.

§4 Accounts & Access

Client is responsible for all activity under its account, for the accuracy of information it provides, and for the conduct of every User it invites. Client must promptly revoke access for any User who should no longer have it and must assign permission levels no broader than a User's role requires.

InPresentia may suspend a User's or Client's access to prevent harm to the Service, other Clients, or third parties, and will where practicable notify Client first.

§5 Content & Site Data

As between the parties, Client owns its Content, including photographs and records captured or created through its Projects. Client is solely responsible for having a lawful basis to collect that Content — including any notice owed to workers, site visitors, or other individuals who may incidentally appear in a photograph — before it is captured through the Service.

For personal information contained in Content, InPresentia acts as a service provider processing that data on Client's instructions. InPresentia does not decide why site photographs or records are collected; Client does.

§6 Acceptable Use

Client will not, and will not permit a User to: (a) upload content it lacks rights to use; (b) capture individuals without a lawful basis to do so; (c) attempt to breach, probe, or overload the Service; (d) use the Service to harass, defame, or unlawfully surveil any person; or (e) resell or sublicense the Service without InPresentia's written consent.

§7 Fees & Payment

Fees are as stated at checkout or in an order form, billed in advance on the selected cycle, in CAD and exclusive of applicable taxes. Late payments may result in suspension after ten (10) days' notice. Fees are non-refundable except as required by law or stated otherwise in an order form.

§8 Term & Termination

These Terms apply for as long as Client holds an active subscription. Either party may terminate for the other's uncured material breach on thirty (30) days' notice. On termination, Client may export its Content for thirty (30) days, after which InPresentia will delete it in line with the Privacy Policy.

§9 Intellectual Property

InPresentia and its licensors retain all rights in the Service, including its software, design, and trademarks. Client retains all rights in its Content. Client grants InPresentia a limited license to host, process, and display Content solely to provide the Service.

§10 Confidentiality

Each party will protect the other's non-public business information with at least the care it uses for its own confidential information, and will use it only to perform under these Terms.

§11 Testing Period, Warranties & Disclaimers

Testing period

InPresentia is currently operating a testing/beta period of the Service. During this period: the Service may be modified, interrupted, or withdrawn at any time and without notice; features, pricing, and modules may change; data may need to be corrected, migrated, or — in rare cases — lost as a result of ongoing development; and no uptime, accuracy, retention, or continuity of any kind is guaranteed. Client should not treat the Service, during this period, as its sole or exclusive system of record and should maintain its own independent copies of any Content it cannot afford to lose. InPresentia will use reasonable efforts to preserve Content and to give advance notice of a material change where practicable, but makes no commitment to do so during the testing period.

General disclaimer

Each party warrants it has authority to enter these Terms. Except as expressly stated, the Service is provided "as is" and "as available," without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation, to the fullest extent permitted by law. The Service is a documentation and workflow tool; it is not a substitute for professional judgment, contract administration, code review, safety procedures, site inspection, or legally required records. Use of the Service, particularly during the testing period described above, is at Client's own risk.

§12 Limitation of Liability

Neither party is liable for indirect, incidental, or consequential damages, including for data loss, inaccuracy, or unavailability arising during the testing period described in §11. Each party's total liability arising from these Terms is capped at the fees Client paid in the six (6) months preceding the claim, except for breaches of confidentiality, indemnification obligations, or liability that cannot be limited by law.

§13 Indemnification

Client will indemnify InPresentia against third-party claims arising from Client's Content, its consent or notice practices regarding individuals captured in Content, or Client's breach of these Terms. InPresentia will indemnify Client against claims that the Service, as provided, infringes a third party's intellectual property rights.

§14 Data Protection

Processing of personal information under these Terms is governed by the Privacy Policy, incorporated by reference.

§15 Service Availability

Outside of the testing period described in §11, InPresentia targets high availability on a best-efforts basis. Scheduled maintenance will be announced in advance where practicable. Formal uptime commitments, if any, apply only where set out in a separate order form or enterprise addendum.

§16 Changes

InPresentia may update the Service or these Terms; material changes to the Terms will be notified at least fifteen (15) days in advance where practicable (subject to §11 during the testing period). Continued use after a change takes effect constitutes acceptance.

§17 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The parties submit to the courts of Ontario.

§18 General

Neither party may assign these Terms without the other's consent, except to a successor of substantially all its business. If any provision is unenforceable, the rest remains in effect. These Terms, with the incorporated Privacy Policy, are the entire agreement between the parties on this subject.

§19 Contact

Questions about these Terms can be sent to inpresentiamobile@gmail.com.