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These Terms of Use ("Terms") are a legal agreement between you and Aoka LLC, which operates Vertexplans ("Vertexplans," "we," "us"). By creating an account, scheduling or joining an inspection, or otherwise using the Platform, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Platform.
If you use the Platform for a company, agency or other organization, you confirm you are authorized to accept these Terms for it, and "you" includes that organization.
Vertexplans provides software and, where a Jurisdiction contracts for them, plan review and inspection services. The Jurisdiction remains the permitting authority. In particular:
Applications and plans. You confirm that everything you submit is true and complete, that plans and documents are prepared and sealed by appropriately licensed professionals where the law requires, and that you have the right to submit them. Submitting false information to a Jurisdiction may also break the law.
Scheduling. Inspections can be requested only when the Jurisdiction's rules allow (for example, the permit status, any fees due, minimum notice and cut-off times). Virtual inspections are booked for a time slot. Onsite inspections are booked for a date, not an exact time. Scheduled dates and times may change because of traffic, weather, earlier inspections or emergencies. Jurisdiction rules on cancellations, rescheduling, missed inspections ("no shows") and reinspection fees apply.
Site access and safety. For onsite inspections you must give safe, lawful access to the work, have the approved plans and permit available, and make sure the work is ready. Inspectors may refuse to proceed if conditions are unsafe or the work is not ready.
Inspectors may record virtual inspections, and recordings become part of the inspection record. An inspector may end a virtual inspection and require an onsite visit at any time.
Guests and observers. If you invite guests, you are responsible for having their permission to share their contact details, and for their conduct during the inspection.
Permit, plan review, inspection, reinspection and contractor registration (including renewal) fees are set by each Jurisdiction and paid by the applicant to the Jurisdiction. The Jurisdiction's fee schedule and refund policy apply.
Payment processing. Card and bank payments are handled by Stripe or Payroc, depending on the Jurisdiction, and are subject to Stripe's terms or Payroc's terms. Depending on the Jurisdiction's settings, a processing fee may be added to your payment and is shown before you pay. Your bank may charge its own fees. Where the Jurisdiction allows, you may pay selected fees in parts. The applicants can save cards and bank accounts through Stripe, with microdeposit verification.
Vertexplans technology fee. Vertexplans charges a technology fee on permit payments where it applies. Depending on the Jurisdiction's settings, it is paid either by the Jurisdiction or by applicant. When the applicant pays it, it is shown in the fee summary before they pay. All other fees are set by the Jurisdiction and charged to the Applicant.
Failed or reversed payments. If a payment fails or is charged back, the Jurisdiction may treat the related fee as unpaid, and the permit or inspection may be put on hold until it is paid. Refunds. Vertexplans does not issue refunds. Refund requests go to the Jurisdiction, which handles refunds itself under its own refund policy.
You keep ownership. You (or the professionals and owners you represent) keep all ownership rights, including copyright in plans and drawings, in Your Content.
Licence to operate the Platform. You grant Vertexplans and the relevant Jurisdiction a non-exclusive, worldwide, royalty-free licence to host, store, copy, display, mark up, annotate, transmit and process Your Content as needed to provide the Platform and carry out the permitting process. This includes plan-review markups, stamping approved plans, sharing with project participants, and keeping records the Jurisdiction must keep. The licence lasts for as long as the content is held under sections 8 and 9 of the Privacy Policy.
Public records. Your Content submitted to a Jurisdiction may become a public record and may be disclosed under public-records law. Do not submit information you are not prepared to make part of a government file. Mark trade secrets or confidential information as the Jurisdiction's rules allow.
Your responsibilities. You confirm that you have the rights needed to submit Your Content, and that it does not infringe anyone's rights, contain malware or break the law.
Feedback. If you send us suggestions, we may use them without obligation to you.
Our IP. The Platform, its software, design, text, logos and the Vertexplans name are owned by Aoka LLC. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform for its intended purpose. We reserve all other rights.
Third-party services. The Platform relies on third-party services, including payment processors (Stripe and Payroc), Google services (Maps, reCAPTCHA, Sign-In and Calendar), and mapping, video, cloud-hosting, email and text-messaging providers. Our Privacy Policy lists them. Their own terms may apply to your use of them, and we are not responsible for them.
Beta features. Features marked "Beta" (for example, Invoices, Code Enforcement, Health Inspections, Reports and Vehicle Records Manager) are provided for evaluation "as is". They may change or be withdrawn, and may be less reliable than other features.
Availability and changes. We work to keep the Platform available but do not promise uninterrupted service. We may perform maintenance, and may add, change or remove features. We will give reasonable notice of changes that significantly reduce functionality you rely on, unless they are needed for security or legal reasons.
Disclaimer. TO THE FULLEST EXTENT THE LAW ALLOWS, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". VERTEXPLANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, THAT SCHEDULES OR INSPECTION TIMES WILL BE MET, OR THAT ANY PERMIT, APPROVAL OR INSPECTION RESULT WILL BE OBTAINED OR WILL BE FREE OF ERRORS.
Limitation of liability. TO THE FULLEST EXTENT THE LAW ALLOWS:
These limits do not apply to liability that cannot be limited by law, such as for fraud, gross negligence or wilful misconduct. Some states do not allow certain exclusions, so some of these limits may not apply to you.
Indemnity. You will defend, indemnify and hold harmless Vertexplans, its affiliates and personnel from third-party claims, losses and costs (including reasonable legal fees) arising from Your Content, your breach of these Terms or the law, false information you submit, or your construction work. This does not apply to the extent a claim is caused by our own breach or misconduct.
Talk to us first. Before starting a formal claim, send a written description of the dispute to dev@aokaengineering.com. We will try in good faith to resolve it within 60 days.
Governing law. These Terms are governed by the laws of the State of Texas and applicable US federal law, without regard to conflict-of-laws rules.
Arbitration. If a dispute is not resolved informally, it will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, seated in Houston, Texas, or by video. Either party may instead bring an individual claim in small-claims court. You and Vertexplans each waive the right to a jury trial and to take part in a class or representative action. You may opt out of this arbitration clause by emailing dev@aokaengineering.com within 30 days of first accepting these Terms. This section does not apply to Jurisdictions or other government users.
Courts. Any dispute not subject to arbitration will be heard only in the state or federal courts located in Harris County, Texas, and both parties consent to their jurisdiction.
Permit decisions are different. Challenges to a Jurisdiction's permitting or inspection decisions follow that Jurisdiction's appeal procedures and the law that governs it, not this section.
Government customers. If you use the Platform as an employee or official of a Jurisdiction, the Jurisdiction's written agreement with Vertexplans governs its use and prevails over these Terms where they conflict. Provisions these Terms impose that a public entity cannot lawfully accept (for example, indemnity, arbitration or certain governing-law terms) do not apply to the Jurisdiction.
Electronic communications. You agree to receive notices, receipts and documents electronically, including by email and in the Platform. By giving a mobile number, you agree to receive service text messages about your permits and inspections (for example, inspection reminders and invitations to join a virtual inspection). Reply STOP to any message to opt out.
Changes to these Terms. We may update these Terms. We will post the new version with its date, and for material changes we will notify account holders at least 30 days before they take effect. Continuing to use the Platform after that date means you accept the changes.
