Terms of Service

Last Updated: February 16, 2026

Welcome to NestCheck. By subscribing to our proactive home inspection services, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Services Provided

NestCheck provides recurring, proactive home inspection services as described in your selected subscription plan. Our services include:

• Scheduled recurring inspections of your home's major systems
• Written inspection reports detailing findings and recommendations
• Unbiased contractor referrals (level varies by plan)
• Inspection scheduling and coordination

2. Scope and Limitations of Inspections

2.1 Visual, Non-Invasive Inspection

Our inspections are visual and non-invasive. We do not:

• Move furniture, stored items, or personal belongings
• Remove or disassemble systems, components, or finishes
• Perform invasive testing or destructive investigation
• Inspect areas that are not accessible or safely accessible
• Predict future conditions or failure rates

2.2 Not a Guarantee

Our inspections are not a guarantee, warranty, or insurance policy. We provide observations and opinions based on visible conditions at the time of inspection. We cannot and do not guarantee that we will identify every defect, problem, or concern.

2.3 What We Don't Inspect

Unless specifically included in your plan, our standard inspections do not include:

• Specialized testing (radon, mold, asbestos, lead paint, water quality, etc.)
• Swimming pools, spas, or recreational facilities
• Septic systems or private wells
• Outbuildings or detached structures
• Environmental hazards
• Cosmetic conditions
• Hidden or latent defects

3. Limitation of Liability

3.1 No Liability for Property Damage

NestCheck is not liable for any property damage, repair costs, or other losses resulting from:

• Defects, problems, or concerns that existed but were not identified during our inspection
• Hidden, concealed, or latent defects that were not visible or accessible
• Conditions that develop, worsen, or emerge after our inspection
• Normal wear and tear, aging, or deterioration of systems and components
• Your decision to delay, defer, or not perform recommended maintenance or repairs
• Acts of nature, weather events, or force majeure

3.2 No Liability for Contractor Performance

NestCheck provides unbiased contractor referrals as a courtesy. We are not responsible for:

• The quality, timeliness, or cost of work performed by third-party contractors
• Any disputes, claims, or issues arising from contractor services
• Contractor estimates, pricing, or billing practices
• Contractor licensing, insurance, or qualifications (though we make reasonable efforts to refer qualified professionals)
• Any damage caused by contractors during or after their work

You are solely responsible for:

• Verifying contractor credentials, licensing, and insurance
• Obtaining multiple estimates and making informed decisions
• Entering into contracts directly with contractors
• Overseeing contractor work and ensuring satisfaction

3.3 No Consequential Damages

To the maximum extent permitted by law, NestCheck shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits or business opportunities
• Loss of use or enjoyment of property
• Emotional distress or inconvenience
• Cost of temporary housing or relocation
• Diminution in property value

4. Your Responsibilities

4.1 Property Access and Safety

You agree to:

• Provide safe and reasonable access to all areas to be inspected
• Disclose any known hazards, defects, or safety concerns
• Secure pets and remove any obstacles that would prevent inspection
• Maintain utilities (water, electricity, gas) during inspection

4.2 Timely Response to Findings

You are responsible for:

• Reviewing inspection reports promptly upon receipt
• Taking appropriate action on identified concerns
• Obtaining professional evaluation and repair of issues as recommended
• Following manufacturer recommendations and local building codes

4.3 Not a Substitute for Professional Services

Our inspections are not a substitute for specialized professional services. When we recommend further evaluation by a licensed specialist (plumber, electrician, structural engineer, etc.), you must obtain that evaluation to fully understand the condition and required repairs.

5. Subscription and Payment Terms

5.1 Billing and Commitment

• A 6-month initial commitment is required for all new subscriptions
• After the initial 6-month period, subscriptions convert to quarterly billing
• Payment is processed automatically via Stripe on your billing date
• All fees are non-refundable except as required by law

5.2 Cancellation

• You may cancel your subscription at any time after the initial 6-month commitment
• Cancellations must be submitted at least 7 days before your next billing date
• No refunds will be provided for the current billing period
• Access to services terminates at the end of the current paid period

5.3 Price Changes

We reserve the right to modify our pricing with 30 days' advance notice. Price changes will take effect at your next renewal date.

6. Intellectual Property

All inspection reports, photographs, and other materials created by NestCheck remain our intellectual property. You receive a limited, non-exclusive license to use reports for your personal property management purposes only.

7. Privacy and Data

Your personal information and property data are handled in accordance with our Privacy Policy. We do not sell your information to third parties. We may use anonymized data for service improvement and industry research.

8. Dispute Resolution

8.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration, except for disputes relating to intellectual property rights or injunctive relief.

8.2 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action or representative action.

8.3 Governing Law

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the courts of Orange County, New York.

9. Acknowledgment of Risk

By subscribing to NestCheck services, you acknowledge that:

• Home ownership inherently involves risks and unexpected expenses
• Proactive maintenance reduces but does not eliminate these risks
• Not all problems can be detected through visual inspection
• Some issues may be present but not yet visible or symptomatic
• Home systems and components can fail suddenly and without warning
• You remain ultimately responsible for the condition and maintenance of your property

10. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NestCheck regarding our services and supersede all prior or contemporaneous communications and proposals.

12. Contact Information

If you have questions about these Terms, please contact us:

NestCheck
28 Church Street, Suite 9
Warwick, NY 10990
Email: paul@nest-check.com
Phone: (845) 276-0988

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