Who we are and what these terms cover
Jobproof Docs is made and published by Mertscript. These terms are the agreement between you and Mertscript for your use of the Jobproof Docs app on iPhone, iPad and Android.
By installing or using the app you accept them. If you do not accept them, do not use the app, and ask the store you bought it from for a refund.
Your licence to use Jobproof Docs
We grant you a personal, non exclusive, non transferable licence to install and use Jobproof Docs on devices you own or control, for as long as you comply with these terms and with the rules of the app store you obtained it from.
You are buying a licence to use the software, not the software itself. Mertscript keeps ownership of the app, its code, its design and its name.
You may use Jobproof Docs commercially. That is the point of it. Reports you produce are yours, and you may charge for the work they describe.
What you may not do
- Copy, sell, rent, sublicence or redistribute the app.
- Reverse engineer, decompile or disassemble it, except to the extent that law expressly permits despite this restriction.
- Remove or obscure any notice of ownership inside the app or in a report it produces, beyond the branding options the app itself offers.
- Use it to produce a document you know to be false, or to represent an inspection as having happened when it did not.
- Use it in a way that breaks the law where you are, or that breaches the app store's own terms.
Buying the app, and refunds
Jobproof Docs is sold through the App Store and Google Play. Those stores take the payment, issue the receipt and handle the refund. Mertscript never sees your card details.
Refund requests go to the store, not to us, because only they can process them. Apple handles refunds through reportaproblem.apple.com and Google through the Play Store. Statutory rights in your country apply on top of those policies.
There is no subscription. You pay once for the version you bought and it keeps working.
What a Jobproof Docs report is, and is not
- A report produced by Jobproof Docs is not a certificate issued under any regulatory or competent person scheme. Where your work requires a specific certificate on a specific approved form, that certificate still comes from your scheme provider, and Jobproof Docs does not replace it.
- The app does not decide whether an item passes. You do. Marking an item as passed is your professional judgement and yours alone.
- The app does not check that your checklist is complete, correct or adequate for the work, or that it reflects any current standard or regulation. Templates included in the app are starting points, not authority.
- Timestamps come from your device's clock. They are evidence of what the device believed the time to be, nothing stronger.
- A recorded position is a consumer satellite fix with a stated accuracy. It is evidence of where the device believed it was, which is not the same as a surveyed boundary or a land registry title, and it is printed with its tolerance for that reason.
- A dictated note is a machine transcription. It is your responsibility to read what it wrote before you issue the report, exactly as it would be if you had typed it.
The app can be set to refuse to issue a report while items remain unchecked. That setting is a guard rail we recommend leaving on, but it is a convenience, not a guarantee that anything was inspected properly.
Your content and your responsibility
Your jobs, photographs, notes, signatures and reports are yours. Mertscript claims no rights over them and never receives them.
You are responsible for what you record and what you do with it, including:
- Having the right to be on the site and to photograph what you photographed.
- Obtaining a signature honestly, from somebody entitled to give it.
- Complying with data protection law in respect of any personal data your reports contain about clients or occupants. In that relationship you are the controller and we are not a processor, because the data never reaches us.
- Checking a report before you send it. The app assembles what you entered; it does not proofread it.
Your data, backups and loss
Everything the app holds is on your device. There is no server copy and no account to restore from.
- Photographs on iPhone and iPad are excluded from iCloud backup by design, so they will not reappear from a device backup.
- Finished reports on iPhone and iPad are stored in a cache directory that the operating system may clear when storage runs low.
- Uninstalling the app deletes everything it holds.
No warranty
Jobproof Docs is provided as it is. To the fullest extent the law allows, we make no promise that it will be uninterrupted, error free, or fit for any particular purpose, and we disclaim the implied warranties that would otherwise apply.
Nothing here removes rights you have as a consumer that cannot be removed by agreement. If you are a consumer in the United Kingdom or the European Union, your statutory rights stand regardless of this section.
Limitation of liability
To the extent the law allows, Mertscript is not liable for:
- Loss of data, photographs or reports, however caused.
- Loss of profit, contracts, business or reputation.
- Any consequence of a decision taken on the basis of a report produced by the app.
- Any claim brought against you by a client, an occupant or a regulator in respect of work the app was used to record.
Where liability cannot be excluded, it is limited to the amount you paid for the app.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Updates and changes to the app
We may release updates that fix problems, change how something works, or add and remove features. Updates arrive through the app store in the usual way.
If a future version changes something that matters to how you work, the release notes will say so. We will not add an account, a server or a subscription to this app without saying so plainly first, because the absence of those things is why people buy it.
Ending this agreement
You can end it at any time by deleting the app. We can end it if you breach these terms, although in practice there is no switch for us to throw: the app runs entirely on your device.
The sections on liability, warranty and your responsibility survive the end of the agreement.
Apple and Google
These terms are between you and Mertscript, not with Apple or with Google.
Apple and Google have no obligation to provide support for Jobproof Docs. If the app fails to conform to a warranty and you bought it on the App Store, you may notify Apple and Apple will refund the purchase price; beyond that refund, Apple has no further obligation.
Apple and its subsidiaries are third party beneficiaries of these terms and may enforce them against you.
You confirm that you are not located in a country subject to a United States government embargo, and that you are not on any United States government list of prohibited or restricted parties.
Governing law
These terms are governed by the law of [governing law jurisdiction], and the courts of [courts jurisdiction] have exclusive jurisdiction over any dispute arising from them.
If you are a consumer, this does not deprive you of the protection of the mandatory law of the country you live in, or of your right to bring proceedings there.
Contact
Mertscript, by email at help@mertscript.com.