END-USER LICENSE AGREEMENT (EULA) FOR CHIMSPECT SOFTWARE
Title or Question
IMPORTANT – READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you ("You" or "Licensee") and ChimSpect Software, Inc. ("ChimSpect"). By downloading, installing, accessing, or using any ChimSpect Software, mobile apps, websites, or associated services (collectively, the "Software"), you agree to be bound by the terms of this EULA. If you are entering into this EULA on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to the terms of this EULA, do not use the Software.
This EULA contains disclaimers of warranties, limitations of liability, and exclusive remedies. These provisions form the essential basis of the agreement.
1. GRANT OF LICENSE
Subject to an active subscription, ChimSpect grants you a non-exclusive, non-transferable, limited license to access and use the Software strictly in accordance with this EULA and the subscription plan purchased. Access credentials may not be shared or reused by unauthorized individuals. Each licensed user must be designated by name under your subscription.
2. USER RESPONSIBILITY FOR CONTENT
The Software includes a library of prewritten inspection comments and language designed to assist users in report preparation. These comments are provided solely as a convenience. You, the end-user, are solely and entirely responsible for reviewing, verifying, editing, and ensuring the accuracy and appropriateness of any report content generated or submitted using the Software, whether such content was written by you or pre-supplied by ChimSpect.
You agree that ChimSpect is not liable for any errors, omissions, misstatements, or damages arising from your use of suggested comments, templates, or report verbiage. It is your responsibility to ensure compliance with all applicable codes (including NFPA 211 and IRC), standards, and professional guidelines.
3. INTELLECTUAL PROPERTY
All title, ownership rights, and intellectual property in and to the Software (including, but not limited to, source code, templates, images, text, animations, audio, and documentation) remain the sole property of ChimSpect and its licensors. All comments in the ChimSpect comment library are considered proprietary and may not be extracted, reused, or distributed outside the Software without express written permission.
4. RESTRICTIONS
You may not:
- Reverse-engineer, decompile, or disassemble the Software.
- Modify or create derivative works based on the Software.
- Rent, lease, sublicense, or share your license.
- Circumvent subscription limits or access controls.
- Use the Software for any unlawful purpose.
If ownership of your business is transferred, your ChimSpect license may be reassigned upon approval and confirmation by ChimSpect, provided that all related subscription obligations are current and the license transfer is documented.
5. INTERNET-BASED SERVICES
Your use of ChimSpect’s internet-based features and services (including cloud storage and mobile apps) may be subject to periodic changes. Availability is not guaranteed and may be affected by system updates, network conditions, and subscription status.
6. WARRANTY DISCLAIMER
The Software is provided "as is" and "as available." ChimSpect disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Downtime, third-party server outages, and disruptions in internet connectivity are beyond ChimSpect’s control.
7. LIMITATION OF LIABILITY
In no event shall ChimSpect or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity, arising out of or related to your use of the Software. Total liability in any circumstance shall not exceed the amount you paid to ChimSpect in the preceding 12 months.
8. TERMINATION
This license terminates automatically if you breach any term of this EULA. Upon termination, you must cease all use of the Software and destroy any copies in your possession. ChimSpect reserves the right to suspend access without notice in cases of suspected license abuse or violation.
9. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Ohio without regard to conflict of law principles. You agree to submit to the jurisdiction of courts located in Ohio for all legal proceedings relating to this EULA.
10. PRODUCT ACTIVATION AND DATA
Software activation associates your license with specific hardware. Information transmitted may include license ID, IP address, and system configuration. By using the Software, you consent to this data exchange solely for license enforcement and support purposes. ChimSpect’s full privacy policy is available at www.chimspect.com.
11. SUPPORT AND UPDATES
Support is available through ChimSpect Software, 4734 Middlebranch Ave, NE, Canton, Ohio, 44705 or at support@chimspect.com. Software updates may be released periodically and may include automatic downloads. Compatibility with future devices is not guaranteed.
12. THIRD-PARTY LINKS AND COMPONENTS
The Software may incorporate or link to third-party products. ChimSpect is not responsible for such components and provides them only as a convenience. Use of such components may be subject to separate license terms.
13. ENTIRE AGREEMENT
This EULA constitutes the entire agreement between you and ChimSpect Software, Inc. and supersedes any prior agreements or understandings. Any waiver or amendment must be in writing and signed by an authorized ChimSpect representative.
Contractor/Manufacturer: ChimSpect Software, Inc.
4734 Middlebranch Ave NE, Canton, Ohio 44705