Terms of Service

Last updated: March 2025

These Terms of Service ("Terms") govern your access to and use of ShieldInspect ("Service," "we," "us," or "our"). By creating an account, signing in, or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

1. Description of the Service

ShieldInspect is a software service that helps restaurant owners and operators prepare for health inspections by running mock inspections. The Service includes: (a) tools to create and manage locations and assign Compliance Leads; (b) customizable checklists and knowledge questions for mock audits; (c) the ability to trigger or schedule mock inspections that Compliance Leads complete using photo evidence and timestamps; (d) audit logs, scores, and approval workflows; and (e) subscription and account management.

Important: ShieldInspect provides mock or practice inspections only. It is not a substitute for actual health department inspections, regulatory compliance, or legal advice. Scores, checklists, and results generated by the Service are for internal preparation and training purposes only. We do not guarantee that performance in mock inspections will correlate with actual inspection outcomes. You are solely responsible for your compliance with applicable health, safety, and food safety laws and regulations.

2. Accounts and Roles

Owners create an account, subscribe to a paid plan, and may add locations, invite and assign Compliance Leads (employees), run or schedule mock inspections, and review and approve audit results. Compliance Leads access the Service only when invited by an Owner; they complete mock inspections for locations to which they are assigned. You must provide accurate account information and keep your login credentials secure. You are responsible for all activity under your account. If you invite others (e.g., Compliance Leads), you are responsible for their use of the Service within the scope of the access you grant.

3. Subscription, Billing, and Payment

Access to the Service as an Owner requires a paid subscription. Current pricing (e.g., a monthly fee with a trial period) is displayed on our website and at signup. Fees are billed in advance (e.g., monthly) via our payment processor, Stripe. By subscribing, you authorize us to charge the payment method you provide for recurring fees until you cancel.

You may cancel your subscription at any time from your Account settings (e.g., via the "Manage subscription" link, which directs you to Stripe's customer portal). Cancellation will take effect at the end of the current billing period; you will retain access until then. We do not provide refunds for partial periods or unused time. If your payment fails, we may suspend or terminate access after a reasonable period. Price changes will be communicated in advance and will apply to the next billing cycle; continued use after the change constitutes acceptance.

3a. Communications and consent to contact

By creating an account and using the Service, you consent to receive service-related communications from us at the email address you provide, including: account and security messages, invite and password-reset emails from our auth provider, and (for Compliance Leads) email notifications when an inspection is ready for you to complete. If you add a phone number in Account settings, you also consent to receive SMS (text) messages for inspection-ready notifications. Message and data rates may apply for SMS. You may withdraw consent for SMS at any time by removing your phone number in Account settings. You may not opt out of essential account or security-related emails while your account is active. Our use of your contact information is further described in our Privacy Policy.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not: (a) misuse, reverse-engineer, or attempt to gain unauthorized access to the Service, other accounts, or our systems; (b) use the Service to harass, defame, or harm others or to violate any law; (c) upload content that infringes others' intellectual property or privacy; (d) resell or sublicense the Service without our written permission; or (e) use the Service in any way that could degrade its operation or affect other users. We may suspend or terminate your account and access if we reasonably believe you have violated these Terms.

5. Your Content and Data

You retain ownership of the content and data you submit (e.g., location names, audit photos, checklist responses). By using the Service, you grant us a limited license to store, process, and display that content and data as necessary to provide and improve the Service and to perform our obligations under these Terms and our Privacy Policy. You are responsible for ensuring you have the right to provide such content and that it does not violate any law or third-party rights. We may retain backup or anonymized data as permitted by law and our Privacy Policy after account deletion.

6. Intellectual Property

The Service, including its design, features, software, and branding, is owned by us or our licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service (except as expressly permitted in these Terms) or remove any proprietary notices. We do not claim ownership of your content; our rights are limited to the license above.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MOCK INSPECTION SCORES OR RESULTS WILL REFLECT ACTUAL HEALTH INSPECTION OUTCOMES. YOU USE THE SERVICE AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless ShieldInspect and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your content or data; (c) your violation of these Terms or any law; or (d) any dispute between you and a third party (including Compliance Leads or other users) relating to the Service.

10. Termination

You may terminate your account at any time from Account settings. We may suspend or terminate your account or access if you breach these Terms or for any other reason with notice where feasible. Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including 5–9 and this sentence) will survive termination.

11. Changes to the Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we may also notify you by email or through the Service. Your continued use of the Service after the effective date of the changes constitutes acceptance. If you do not agree, you must stop using the Service and may cancel your subscription.

12. General

These Terms constitute the entire agreement between you and ShieldInspect regarding the Service and supersede any prior agreements. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there. If you are in the European Union or another jurisdiction with mandatory consumer protections, those laws may apply to you in addition to these Terms.

13. Contact

Questions about these Terms? Contact us at support@mockinspections.com or the support email listed on our website.

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