Terms of Use and End User License Agreement
1. Acceptance of Terms
By downloading, installing, and using SignPad ("the App"), you agree to be bound by these Terms of Use and End User License Agreement ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute a legal agreement between you ("User", "you", "your") and SignPad ("we", "us", "our", "Company"). We reserve the right to modify these Terms at any time. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes.
2. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal devices for your own business purposes, subject to these Terms and all applicable laws. This license does not include the right to:
- Modify, adapt, or create derivative works based on the App
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Rent, lease, lend, sell, redistribute, or sublicense the App
- Use the App for any commercial purpose other than your own business use
- Remove or alter any proprietary notices, labels, or marks on the App
3. Subscription Terms
3.1 Subscription Plans
SignPad offers subscription plans that provide access to premium features. Available plans include:
- Monthly Subscription — Renews automatically each month
- Annual Subscription — Renews automatically each year
Pricing is displayed in your local currency in the App and in App Store Connect. Prices are subject to change, but we will notify you of any price increases at least 30 days in advance.
3.2 Free Trial
New users are eligible for a 7-day free trial of the subscription. The free trial includes full access to all premium features. At the end of the trial period, your subscription will automatically renew at the then-current subscription price unless you cancel before the trial ends.
3.3 Automatic Renewal and Billing
Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your plan). Billing occurs on the same date each month or year. Your subscription will continue to renew until you cancel it.
You authorize us to charge your payment method on file for each renewal. If your payment method is declined, we will attempt to charge it again. If payment ultimately fails, your subscription will be suspended or cancelled.
3.4 Cancellation
You can cancel your subscription at any time through signpad.co or by contacting us. Cancellation takes effect at the end of your current billing period. You will not receive a refund for the current billing period, but you will retain access to premium features until the end of that period.
3.5 Refund Policy
Subscription fees are non-refundable except as required by applicable law. If you cancel during a free trial, you will not be charged. If you cancel after the free trial ends, you will not receive a refund for the current billing period, but your access to premium features will continue until the end of that period.
If you believe you have been charged in error, please contact us at [email protected] within 30 days of the charge.
3.6 Price Changes
We may change subscription prices from time to time. If we increase the price of your subscription, we will notify you at least 30 days before the price change takes effect. You will have the opportunity to cancel your subscription before the new price applies. If you do not cancel, your continued use of the subscription constitutes your acceptance of the new price.
4. User Responsibilities
4.1 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.2 Acceptable Use
You agree to use the App only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the App. Prohibited behavior includes:
- Harassing or causing distress or inconvenience to any person
- Transmitting obscene or offensive content
- Disrupting the normal flow of dialogue within the App
- Attempting to gain unauthorized access to the App or its systems
- Using the App to collect or track personal information of others without consent
- Using the App for any illegal or unauthorized purpose
- Submitting misleading, manipulated, or non-survey-related images to AI features with the intent to misuse or exploit the service
4.3 Your Content
You retain all rights to any content you create, upload, or submit through the App (including survey data, photos, and notes). By using the App, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving the App.
You represent and warrant that you own or have the necessary rights to all content you submit, and that your content does not infringe any third-party intellectual property rights.
4.4 AI Features
SignPad includes AI-powered features such as SmartScan for surface identification and analysis. When using these features, you acknowledge and agree that:
- AI-generated results (including substrate identification, confidence scores, risk levels, and fixing recommendations) are provided as guidance only and should not be relied upon as a substitute for professional assessment
- You are responsible for verifying AI-generated results before making decisions based on them
- We do not guarantee the accuracy, completeness, or reliability of AI-generated results
- Photos submitted for AI analysis are transmitted to third-party AI processing providers and are subject to Section 3 of our Privacy Policy
- AI features may not be available in all regions or at all times
5. Intellectual Property Rights
The App, including all software, design, graphics, text, AI models, and other content, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited license to use the App as described in Section 2. All other rights are reserved.
You may not use our trademarks, logos, or brand names without our prior written consent.
6. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE APP, INCLUDING AI-GENERATED RESULTS SUCH AS SUBSTRATE IDENTIFICATION, RISK ASSESSMENTS, AND FIXING RECOMMENDATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO RELIANCE ON AI-GENERATED RESULTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these Terms, or your infringement of any third-party rights.
9. Termination
We may terminate or suspend your access to the App at any time, for any reason, with or without notice, including if we believe you have violated these Terms or applicable laws. Upon termination, your license to use the App is immediately revoked, and you must cease all use of the App.
10. Data Loss and Backup
While we implement security measures to protect your data, we are not responsible for any loss, corruption, or deletion of your survey data, photos, or notes. You are solely responsible for maintaining backups of your important data. We recommend regularly exporting your surveys as PDF reports and storing them in a secure location.
11. Third-Party Services and Links
The App may contain links to third-party websites and services that are not operated by us, including AI processing providers used for SmartScan and surface identification features. We are not responsible for the content, accuracy, or practices of third-party services. Your use of third-party services is governed by their terms of service and privacy policies, not by these Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of New Zealand, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of New Zealand.
If you are a resident of another jurisdiction, you may have additional rights under local law, which are not waived by these Terms.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.
15. Contact Us
If you have questions about these Terms, wish to report a violation, or have other concerns, please contact us:
Email: [email protected]
We will respond to your inquiry within 30 days.