Terms of Use

1. Parties and acceptance

1. These terms form a binding agreement between you and Valentin Jieanu, a sole trader established in Abu Dhabi, United Arab Emirates (“we”, “us”, “our”).
2. By downloading, installing or using SnagProof (the “App”), you accept these terms. If you do not accept them, do not use the App and delete it.
3. If you use the App on behalf of a company, partnership or other organisation, you confirm you have authority to bind that organisation, and “you” means both you and that organisation.
4. These terms incorporate the Privacy Policy by reference.
5. You must be of the age of majority where you live, or have the consent of a parent or guardian, to accept these terms.

2. Definitions

• App means the SnagProof application for iPhone, including updates we make available.
• Your Content means everything you record or produce with the App: addresses, references, names, condition ratings, notes, meter readings, photographs, signatures, branding and generated reports.
• Pro means the paid subscription tier.
• Report means a PDF document generated by the App.
• Apple means Apple Inc. and its subsidiaries.

3. Licence

1. We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use one copy of the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
2. The licence permits use for your own business or personal purposes, including commercial inspection work carried out by you or your employees.
3. The App is licensed, not sold. All rights not expressly granted are reserved.
4. The licence continues until terminated under section 18.

4. Restrictions

You must not, and must not permit anyone else to:

1. copy, modify, translate or create derivative works of the App, except as permitted by law that cannot be excluded by agreement;
2. reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent such restriction is prohibited by applicable law;
3. rent, lease, lend, sell, redistribute, sublicense or provide the App as a service to third parties;
4. remove, obscure or alter any proprietary notice, or circumvent the watermark or any feature limit applying to the free tier;
5. use the App to build a competing product, or use it for benchmarking without our written consent;
6. use automated means to access the App, or interfere with its intended operation.

5. Free and paid tiers

1. The App is free to install. The free tier permits a limited number of finished Reports, currently one, which carries a SnagProof watermark and cannot use your own branding. Drafts, areas, defects and photographs are not limited.
2. Pro removes the watermark, enables your own details on the Report, removes the limit on finished Reports, adds the formal notification letter to the developer and the escalation pack, and enables re-inspection tracking through the liability period. It is offered as a single monthly plan; there is no annual plan.
3. We may change the composition of the free and paid tiers for future versions. We will not retroactively remove a feature from a subscription period you have already paid for.
4. Feature limits are enforced on the device. Deliberately circumventing them is a breach of section 4.

6. Subscriptions and billing

1. Pro is sold as an auto-renewing subscription through Apple. Apple is the merchant of record and takes payment from your Apple Account.
2. Payment is charged at confirmation of purchase, at the price shown in the App at that time.
3. The subscription renews automatically for successive periods of the same length unless cancelled at least twenty-four hours before the end of the current period.
4. Your Apple Account is charged for renewal within twenty-four hours before the end of the current period.
5. You may manage or cancel a subscription at any time in the Settings application under your Apple Account, then Subscriptions. Cancelling stops future renewals; it does not shorten or refund the period already paid for.
6. Where a free trial or introductory offer is provided, any unused portion is forfeited if you buy a subscription during the trial. Eligibility is determined by Apple.
7. Refunds are handled by Apple under its own policies, not by us. Request one at reportaproblem.apple.com. We have no ability to issue, refuse or expedite a refund on Apple's behalf, though we will assist with information where we can.
8. If a payment fails, Apple may retry and may place the subscription in a billing retry or grace period. Paid features may be unavailable until payment succeeds.
9. Nothing in this section affects any statutory right of withdrawal or cancellation you have as a consumer.

7. Price changes

1. We may change subscription prices. A change applies only to renewals falling due after it takes effect.
2. Where a price increase requires it, Apple will notify you and, depending on the jurisdiction and the size of the increase, will either seek your consent or allow you to cancel before the higher price applies.
3. Prices shown in a currency other than United States dollars are set by Apple's price matrix and may change when Apple revises it or when tax rates change.

8. Your content

1. You retain all rights in Your Content. We claim no ownership of it and, as explained in the Privacy Policy, we do not receive a copy.
2. You are responsible for the accuracy, completeness and lawfulness of what you record, and for any conclusion anyone draws from a Report.
3. You confirm you have the right to be present at each property you inspect, to photograph it, and to record the information you record.
4. Backups are your responsibility. Your Content is stored on your device. We hold no copy and cannot restore anything. Loss, theft, damage, resetting or replacement of the device, or deletion of the App, will destroy Your Content unless you have your own backup. We strongly recommend keeping encrypted device backups and exporting finished Reports promptly.
5. You are responsible for the security of the device on which Your Content sits, including using a passcode and biometric lock.

9. Your data protection duties

1. Inspection records routinely contain other people's personal data, including names and photographs of their homes. Where data protection law applies, you are the controller of that data and we are not a processor of it, because it never reaches us. Section 4 of the Privacy Policy explains this in full.
2. You are responsible for having a lawful basis to record what you record, for providing any notice or information those people are entitled to, for honouring their rights, for retaining data no longer than necessary and for securing it.
3. You will not use the App in a way that causes us to breach data protection law.
4. We do not provide a data processing agreement for inspection content, as none is required for processing we do not carry out.

Reminders and the liability period

1. The App can schedule reminders about a developer's liability period and about defects you have reported. These are a convenience, not a professional service, and they are scheduled on your own device.
2. The reminders are not a guarantee that you will be reminded. They depend on the handover date you entered being correct, on notifications being enabled, and on the device being available. Deleting the App, restoring a device or turning notifications off will stop them.
3. The liability period the App works from is a general one-year assumption. Your own contract with your developer governs, and it may be longer, shorter or subject to conditions. Check your contract; do not rely on the App's dates.
4. You remain responsible for meeting your own deadlines.

Guidance and tolerances

1. The App suggests what to look at, and sometimes suggests that something may fall within normal building tolerance. This is general guidance compiled from common industry practice. It is not a survey, not a professional opinion, and not specific to your property or your contract.
2. Deciding what to raise, and what to accept, is yours. If something concerns you, raise it regardless of what the App suggests.
3. Where the App writes up a defect from what you dictate, you are responsible for reading and correcting it before it is sent to anybody.

10. Not legal advice

1. The App is a record-keeping tool. It does not provide legal, surveying, valuation, structural, health and safety or compliance advice, and using it does not create a professional relationship between us and you.
2. Templates, room lists, item lists and suggested wording are conveniences, not legal instruments, and are not tailored to your jurisdiction, your tenancy agreement or your circumstances.
3. We do not guarantee any outcome. Whether a Report assists you with a developer, a regulator such as RERA, an adjudication, a tribunal, an insurance claim or a court case depends on the facts, the applicable rules, the evidence the other side presents and the decision of whoever determines the matter. Nothing in the App or on our websites is a promise that you will succeed.
4. Legal requirements for inventories, condition reports and inspection records differ by country, state, province and tenancy type, and change over time. Determining and meeting the requirements that apply to you is your responsibility. Where the stakes are significant, take professional advice.
5. The App does not verify identity, does not authenticate signatures and does not constitute a qualified or advanced electronic signature service. A signature captured in the App is a record that someone drew a mark on a device at a stated time. Whether it is legally effective in your context is a matter for the applicable law.

11. Acceptable use

You must not use the App:

1. for any unlawful purpose, or to facilitate harassment, intimidation, stalking or unlawful surveillance of any person;
2. to photograph or record a person without a lawful basis, or in a place or manner that would infringe a reasonable expectation of privacy;
3. to produce a Report you know to be false, or to alter a record with the intention of misleading a developer, a regulator, an adjudicator, an insurer or a court;
4. in breach of any tenancy agreement, right of quiet enjoyment, or notice requirement for entering a property.

Producing deliberately false evidence may be a criminal offence in your jurisdiction. We reserve the right to terminate your licence under section 18 for a breach of this section.

12. Intellectual property

1. The App, its name, its logo, its user interface, the layout and design of the Reports it generates, and our websites are our property or that of our licensors, and are protected by copyright, trade mark and other laws.
2. You may use, reproduce and distribute the Reports you generate without restriction, for your own purposes and those of your clients. That permission covers the Report as a document; it does not grant rights in the App itself or in our branding.
3. Where a Report carries our watermark under the free tier, you must not remove or obscure it.
4. Feedback you send us may be used without obligation or compensation to you. You are not required to send feedback.

13. Third-party services

1. The App relies on Apple for distribution, payment and subscription management. Apple's services are governed by Apple's own terms, and we are not responsible for Apple's acts or omissions. The App contains no other third-party service.
2. When you share a Report, the service you choose handles the file under its own terms. We have no control over it once it leaves your device.
3. We may change or replace a third-party service, provided we do not thereby reduce what you have paid for during a period already paid.

14. Availability and support

1. The App is designed to work without an internet connection, and its core functions do not depend on a service operated by us.
2. We do not warrant uninterrupted or error-free operation, and we may modify, suspend or discontinue the App or any feature. Where we discontinue the App entirely, we will give reasonable notice where practicable and will not take further subscription payments.
3. Support is provided at support@jiea.nu on a reasonable-endeavours basis during normal working hours. No service level or response time is guaranteed.
4. We may issue updates, and some may be required for continued operation. Your device settings determine how updates are installed.
5. The App may cease to function on unsupported versions of iOS or unsupported hardware.

15. Warranties and disclaimers

1. We warrant that we will provide the App with reasonable skill and care.
2. Subject to clause 15.3, and to the fullest extent permitted by law, the App is provided “as is” and “as available”, and we exclude all other warranties, conditions and representations, express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement.
3. Consumer rights. If you are a consumer, you have legal rights in relation to goods and digital content that are faulty or not as described. Nothing in these terms affects those rights, and nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited. Advice about your rights is available from your local consumer advice body.
4. We do not warrant that the App will meet any regulatory requirement applicable to you, or that a Report will be accepted by any adjudicator, scheme, insurer or court.

16. Limitation of liability

1. Nothing excluded that cannot be. Nothing in this section limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
2. Subject to clause 16.1, and to the fullest extent permitted by law, we are not liable for:
   1. loss of profit, revenue, business, contracts or anticipated savings;
   2. loss, corruption or unavailability of data, including Your Content, however caused, given that you control where it is stored and are responsible for backups under clause 8.4;
   3. the outcome of any dispute, adjudication, claim or proceeding, or any sum, remedy or award you fail to obtain or are required to pay, including the cost of any defect a developer declines to rectify;
   4. loss arising from your reliance on the App to meet a legal or regulatory requirement;
   5. loss arising from an act or omission of a third-party service, including Apple;
   6. any indirect, consequential, special or punitive loss.
3. Subject to clause 16.1, our total aggregate liability arising out of or in connection with these terms, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the greater of the total amount you paid us for the App in the twelve months before the event giving rise to the claim, or fifty United States dollars.
4. The limits in this section apply however many claims are made, and reflect the price of the App and the fact that we neither hold your data nor control the circumstances in which you use it.
5. If you are a consumer, clauses 16.2 and 16.3 apply only so far as the law where you live allows. Where they do not, our liability is limited to the maximum extent that law permits.

17. Indemnity

If you use the App in the course of a business, you agree to indemnify us against claims, losses, liabilities and reasonable costs, including legal fees, arising from: your breach of these terms; your use of the App in breach of law, including data protection law; a claim by a developer, a contractor, a client or other third party concerning Your Content or a Report you produced; or your recording or publication of any person's personal data. This section does not apply to consumers.

18. Termination

1. You may terminate at any time by deleting the App. Cancelling a subscription is done through Apple as described in section 6.
2. We may terminate or suspend your licence with immediate effect if you materially breach these terms, in particular sections 4 or 11, or where required by law.
3. On termination, the licence in section 3 ends and you must stop using the App. Your Content remains on your device until you delete it; termination does not give us any access to it.
4. Termination does not entitle you to a refund except where required by law or by Apple's policies.
5. Sections 8, 10, 12, 16, 17, 19, 22 and 23 survive termination.

19. Export and sanctions

You confirm you are not located in, and will not use the App in, a country subject to a comprehensive United States or United Arab Emirates embargo, and that you are not named on any prohibited or restricted party list maintained by the United States government, the United Kingdom, the European Union or the United Arab Emirates. You will comply with all applicable export control and sanctions laws.

20. Apple-specific terms

Apple requires the following where an application is supplied with its own licence terms. These provisions apply in addition to the rest of this agreement.

1. Acknowledgement. This agreement is between you and us only, not with Apple. Apple is not responsible for the App or its content.
2. Scope of licence. The licence granted in section 3 is non-transferable and limited to use on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. We are solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, which the App does not use.
6. Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that you comply with section 19 of this agreement.
8. Developer contact. Questions, complaints and claims about the App should be directed to Valentin Jieanu at support@jiea.nu.
9. Third-party terms. You must comply with any applicable third-party terms when using the App.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance of it, have the right, and are deemed to have accepted the right, to enforce it against you as a third-party beneficiary.

21. Changes to these terms

1. We may amend these terms to reflect changes in the App, our providers, our business or the law. The date at the top changes whenever we do.
2. Material changes will be described in the App's release notes. Continuing to use the App after a change takes effect means you accept the amended terms.
3. If you do not accept an amendment, stop using the App and cancel any subscription. Amendments do not apply retrospectively to a dispute that arose before they took effect.

22. Governing law and disputes

1. These terms and any dispute arising out of them are governed by the laws of the United Arab Emirates, and the courts of Abu Dhabi have non-exclusive jurisdiction.
2. Consumers. If you are a consumer, clause 22.1 does not deprive you of the protection of the mandatory consumer law of your country of habitual residence, and you may bring proceedings in the courts of that country. If you live in the United Kingdom or the European Economic Area, you may rely on the mandatory provisions of your local law.
3. Before commencing proceedings, please contact us at support@jiea.nu so we can try to resolve the matter. Most complaints are resolved this way.
4. Nothing in this section prevents either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information.

23. General

1. Entire agreement. These terms and the Privacy Policy are the entire agreement between us regarding the App, and supersede any prior statement or representation, except that nothing excludes liability for fraudulent misrepresentation.
2. Severability. If a provision is found unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.
3. No waiver. A delay or failure to enforce a provision is not a waiver of it.
4. Assignment. You may not assign or transfer your rights without our consent. We may assign this agreement in connection with a merger, acquisition or sale of assets, on notice to you, provided your rights are not reduced.
5. Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including act of God, war, civil unrest, industrial action, failure of a telecommunications or hosting provider, or government action.
6. No third-party rights, except as stated in clause 20.10 for Apple.
7. Notices. Notices to us go to support@jiea.nu. Notices to you may be given in the App, in its release notes or on this website.
8. Language. These terms are drafted in English. Any translation is provided for convenience, and the English version governs.
9. Headings are for convenience and do not affect interpretation.

24. Contact

Valentin Jieanu, Abu Dhabi, United Arab Emirates.
Email: support@jiea.nu
Web: jiea.nu