FW Inspect — Terms of Service
Draft for legal review. Fill in every [bracket] before use. Effective date: [date]
These Terms are an agreement between [Legal business name] ("we", "us"), of [business address], Ontario, Canada, and the company that signs an Order Form or creates an account ("you", "Customer"). By using FW Inspect you accept these Terms.
1. The service
FW Inspect is a web application for recording equipment, inspections, photos, documents and certificates (the "Service"), available at [https://fwsolutions.ca/inspect]. We host and maintain it; you access it through a browser.
2. Accounts and users
- You receive a private company account. Your administrator creates and manages your users, including client portal users.
- You are responsible for keeping passwords confidential and for everything done under your account.
- Tell us at [support@fwsolutions.ca] right away if you believe an account has been compromised.
3. Your responsibilities for inspections
- The Service is a record-keeping tool. Inspections are performed and their results decided by your own competent persons, not by us.
- Inspection guidance, standards summaries and checklists in the Service are general information. They do not replace the current editions of the applicable standards, the manufacturer's instructions, or the regulations that apply to you. You are responsible for adapting them to your procedures.
- You are responsible for the accuracy of the data you enter and for the decisions you make about putting equipment into or taking it out of service.
4. Fees and payment
- Fees, plan and term are set out in your Order Form. Prices are in Canadian dollars; applicable taxes (HST) are added.
- Annual plans are invoiced in advance; monthly plans on the first day of each month. Invoices are due within [15] days.
- If a payment is overdue, the account shows a renewal notice and, after a grace period of 7 days past the paid-until date, becomes read-only: you can still view, print and export your records, but not add or change them. Full access returns as soon as payment is received.
- Free trials last 30 days unless agreed otherwise and convert to a paid plan only when you sign an Order Form.
5. Your data
- You own your data (equipment records, inspections, photos, documents, certificates). We use it only to provide the Service, as described in the Privacy Policy.
- Your data is kept separate from other customers' data and is not visible to them.
- We back up the database daily and store photos and documents with a cloud storage provider. Backups are kept for [30] days.
- On request during the term, or within 30 days after it ends, we will provide an export of your records and files. After that period we delete your account data, except backups that expire on their normal schedule and records we must keep by law.
6. Acceptable use
You will not: try to access other customers' accounts or data; test, probe or overload the Service without permission; upload unlawful content or malware; resell the Service without our written agreement; or use it to create false inspection records.
7. Availability and support
We aim to keep the Service available at all times but do not guarantee uninterrupted operation. Planned maintenance is announced in advance where possible. Support is provided as described in the Support and service levels document.
8. Intellectual property
We own the Service, its software, design and our standard library content. You receive a non-exclusive, non-transferable right to use the Service for your business during your subscription. Checklists, guidance and content you create remain yours.
9. Confidentiality
Each party keeps the other's non-public business information confidential and uses it only for this agreement.
10. Warranties
We will provide the Service with reasonable skill and care. Apart from that, the Service is provided "as is" and we make no other warranties, including that it is error-free or fit for a particular purpose.
11. Limitation of liability
- Neither party is liable for indirect, incidental or consequential losses, or loss of profits or business.
- Our total liability under these Terms is limited to the fees you paid us in the 12 months before the claim.
- We are not liable for injuries, losses or damages arising from the use, condition or inspection of equipment, which remain your responsibility under section 3.
- Nothing limits liability that cannot be limited by law.
12. Indemnity
You will defend and indemnify us against claims by third parties arising from your inspections, your equipment decisions, or the data you enter, except to the extent caused by our breach of these Terms.
13. Term and termination
- The agreement runs for the term in your Order Form and renews for the same period unless either party gives 30 days' written notice.
- Either party may end it if the other materially breaches these Terms and does not fix the breach within 30 days of notice.
- Fees already paid are non-refundable except where we end the agreement without cause, in which case we refund the unused prepaid portion.
14. Changes
We may update these Terms. We will give at least 30 days' notice of material changes by email or in the app. If you don't agree, you may end the agreement before the change takes effect and receive a refund of unused prepaid fees.
15. General
These Terms, the Order Form and the Privacy Policy are the entire agreement. They are governed by the laws of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have jurisdiction. If a clause is unenforceable, the rest still applies.
Contact
[Legal business name] · [address] · [support@fwsolutions.ca] · [phone]
Last updated 2026-10-29