Legal
Terms of Service
These terms are the agreement between you and Flagler Property Watch for every visit you book. They are written in plain language on purpose. They include a limit on what we are liable for (the price you paid for the visit) and a release of claims above that amount; those sections are in capitals so they are easy to find. By creating an account or booking a visit you agree to them.
1. What the service is
Flagler Property Watch ("we", "us") photographs the exterior of a property in Flagler County, Florida, from the public street and sidewalk, on a date and within a two-hour arrival window you choose, and delivers the photographs to your account. Each visit is a single purchase at the price shown when you book.
A visit is a photographic record of what is visible from public areas on the day of the visit. It is not a home inspection, an appraisal, a survey, a security or patrol service, or an investigation, and it is not a substitute for any of them. We do not enter the property, open anything, test anything, or assess the condition, safety, or value of anything. If you need a professional assessment, hire a licensed professional; our photographs may help you brief one.
We photograph only what can be seen from public areas. Fences, gates, vegetation, weather, lighting, parked vehicles, and access restrictions may limit what a visit can capture. A visit that was performed as described is complete even if a particular feature was not visible.
What each service delivers is set out in its scope schedule at the end of these terms (section 20). The schedule for the service you book is part of your agreement for that visit, and it is recorded with your order.
2. Your account
You must be at least 18 years old and able to enter a binding agreement. You are responsible for the accuracy of the information on your account, for keeping your password confidential, and for everything done through your account. If you believe your account has been used without your permission, reset your password at once with "Forgot your password?" on the sign-in page.
You may update your name, phone number, and email address from your account settings at any time.
3. Your authorization to have a property photographed
When you book a visit you confirm that you own the property, live in it, manage it, or act with the authority of the owner, and that you are requesting photographs taken from the public street. You are responsible for that confirmation. If you do not have that authority, do not book the visit. We may decline, cancel, or refuse to deliver a visit that we reasonably believe was requested without proper authority, and we may report misuse to the authorities.
The confirmation you give is recorded with the booking, together with the version of these terms in effect at the time, and it is summarised on the work order the photographer carries (section 16).
4. Booking, scheduling, and payment
Standard visits are booked at least 48 hours ahead. Urgent visits can be booked sooner for a service that offers them, as described in section 6. Every visit is scheduled into a two-hour arrival window in Eastern time. Availability shown before payment is not a reservation; a visit is confirmed only when payment is complete, and the confirmation appears in your account.
You pay by card through our payment processor (Stripe), entering your card on a secure page Stripe hosts. We never see or store your card number. Prices are shown in U.S. dollars and include everything described for the visit. If sales tax ever applies to this service it will be shown before you pay.
The price of a visit depends on the answers you give about the property when you book. The visit to a commercial property costs more, by the amount shown before you pay; an option you add, and the charge for an urgent visit, cost the same for every property. If an answer turns out to be wrong, we may cancel the visit with a full refund.
The price, service description, property, and policies in effect at the moment you pay are saved with your order and govern that order, even if we change them later for new bookings. Completing payment is your electronic acceptance of these terms for that booking, including the limitation of liability and the release in sections 13 and 14, and the version you accepted is saved with the order.
5. Cancellation, rescheduling, and refunds
You can change a visit from your account. The following rules apply automatically:
- More than 48 hours before your arrival window: a full refund, or a free reschedule, your choice.
- Within 48 hours of your arrival window: one free reschedule, or a full service credit toward a later visit. Refunds are not available inside 48 hours because the visit has been planned and routed.
- Within two hours of booking: a full refund at any time before the visit, whatever the timing.
- If we cannot perform a visit because of weather, safety, road closures, vehicle or staffing problems, or anything else on our side: your choice of a free reschedule or a full refund, always.
- If we could not reach the street in front of the property because of a gate, a private road, a closure, or a hazard, we will show you in your account what we could and could not reach, and offer a revisit or another resolution there.
6. Urgent visits
For a service that offers them, some arrival windows start sooner than the 48 hours a standard visit needs. These can be booked as urgent visits: they are marked as urgent when you choose one, cost more than a standard visit, and are sold on different terms, which are put in front of you before you pay.
An urgent booking reserves the arrival window for you the moment you pay, and the day is arranged around it. For that reason an urgent visit cannot be rescheduled, and is not refundable once 30 minutes have passed since payment. Within those first 30 minutes you can cancel for a full refund. That window exists so that a mistake, such as the wrong address, can be undone.
Section 5 otherwise still applies to us: if we cannot perform an urgent visit for any reason on our side, you receive a full refund or a free reschedule, exactly as on any other visit. Nothing in this section limits that.
7. Disputes and chargebacks
If something about a visit is wrong, use the options on that visit in your account first: rescheduling, cancelling, and the refund or reschedule offered when a visit could not be completed. Every visit is documented: the arrival window you chose, the time we arrived and finished, and the timestamped photographs delivered to your account. If you open a card dispute for a visit that was performed and delivered as described, we will provide that documentation to the card network, and we may suspend your account until the dispute is resolved. Refunds owed under section 5 are always paid without you needing to dispute anything.
8. Photographs: ownership and your license
We own the photographs we take. When a visit is delivered you receive a perpetual, non-exclusive license to download, keep, copy, and use those photographs for any lawful purpose related to the property, including sharing them with your family, insurer, contractor, agent, or attorney. You may not resell the photographs as stock imagery or represent them as your own professional work.
Every photograph is delivered electronically to your account. We do not sell or deliver prints, discs, drives, or any other physical copy.
Photographs remain in your account for at least 24 months after delivery, and while your account is open we do not delete delivered photographs without telling you. Download anything you want to keep long term.
We may use photographs and visit records internally to operate, verify, and improve the service. We do not publish photographs of your property or use them in marketing without your written consent.
9. Delivery, review, and what you receive
Every photograph is reviewed before it is released to your account, usually the same day as the visit. A visit typically delivers eight timestamped exterior photographs and always at least four, showing the sides of the property visible from the street. Your account shows the visit moving from scheduled, to under way, to photos ready, and you receive the notifications you have enabled.
10. Acceptable use
Use the service only for properties you are authorized to have photographed and only for lawful purposes. Do not use the service to surveil, harass, or intimidate anyone, to interfere with any person or property, or in violation of any restraining order, court order, or law. Do not attempt to access other customers' accounts or data, interfere with the service, or reverse engineer it. We may suspend or close accounts that violate these terms.
11. Closing your account, and what we keep
You can request deletion of your account from your account settings at any time, as long as no visit is scheduled or in progress; complete or cancel open visits first. A deletion request starts a 14-day grace period during which you can log in and cancel the request. This protects you if the request was a mistake. When the grace period ends your login is disabled and your personal details (name, email, phone) are removed from your customer record.
Visit records and photographs are retained for 120 days after the account is disabled, so that any payment dispute, refund, or question about a visit can still be answered from the original records, and then the photographs are deleted. Financial records of your purchases (order amounts, payments, refunds, and credits) are kept for as long as tax and accounting law requires, without your name or contact details.
We may close an account that has violated these terms, or suspend an account while a payment dispute is open. If we close your account we will tell you why, and the retention rules above still apply.
12. Service changes and availability
We may change, add, or discontinue features, service areas, prices, and these terms for future bookings. Existing paid bookings keep the terms and price saved with them. We do not guarantee that the service will be available at any particular time or in any particular area, and availability shown for an address may change before you book.
13. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION AND THE NEXT ONE CAREFULLY. THEY LIMIT WHAT YOU CAN RECOVER FROM US AND RELEASE US FROM CLAIMS ABOVE THAT LIMIT. BY BOOKING A VISIT YOU AGREE TO THEM.
We provide photographs; we do not provide advice. You are responsible for any decision you make based on the photographs, including decisions about maintenance, safety, insurance, tenancy, purchase, or sale. We are not responsible for conditions we could not see from public areas, for conditions that changed after the visit, for events at the property, or for the acts of anyone who is not us.
OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO A VISIT, THE PHOTOGRAPHS, THE SERVICE, OR THESE TERMS (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY) IS LIMITED TO THE AMOUNT YOU PAID US FOR THE VISIT THE CLAIM RELATES TO. If a claim relates to more than one visit, the limit is the total you paid for those visits. This limit is the price of the service and is the whole of what we agree to be responsible for; the price would be higher if we accepted more.
TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, OR LOSS OF GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
THE SERVICE AND THE PHOTOGRAPHS ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE PHOTOGRAPHS WILL SHOW ANY PARTICULAR CONDITION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULT WILL BE ACHIEVED.
This section does not limit liability that the law does not allow to be limited by agreement: our fraud, our intentional misconduct, or our gross negligence. Where the law allows a limit but not this one, our liability is limited to the fullest extent the law permits.
14. RELEASE OF CLAIMS
IN EXCHANGE FOR THE SERVICE AT THE PRICE OFFERED, YOU RELEASE FLAGLER PROPERTY WATCH, ITS OWNER, AND THE PEOPLE WHO WORK FOR IT FROM ANY CLAIM, DEMAND, OR LIABILITY ARISING OUT OF OR RELATING TO A VISIT, THE PHOTOGRAPHS, OR THE SERVICE, INCLUDING CLAIMS BASED ON OUR OWN NEGLIGENCE, TO THE EXTENT THE CLAIM EXCEEDS THE LIMIT IN SECTION 13. This means that, apart from the amount you paid for the visit, you agree not to seek anything further from us for a visit performed as described in section 1.
You understand what this release covers. A visit is a person standing on a public street or sidewalk photographing the outside of a property. It does not involve entering the property, touching anything, or assessing anything, and this release is written for that activity and no other. It does not release claims for our fraud, our intentional misconduct, or our gross negligence, and it does not release any claim the law does not allow to be released.
This release is intended to be clear and unequivocal, and you agree that it is. If any part of it is found unenforceable, the rest of it and the rest of these terms remain in effect.
15. Your responsibility to us
You agree to defend, indemnify, and hold us harmless from claims, losses, and expenses (including reasonable attorney fees) arising from your breach of these terms, from a booking made without proper authority over the property, or from your use of the photographs in violation of law or another person's rights.
16. Field visits, identification, and verification
The person who performs your visit carries a work order for it. The work order states the address, the date and arrival window, the service you paid for, your name as the person who requested and paid for the visit, the date you confirmed your authority over the property, and a short summary of these terms. It exists so that a neighbour, an occupant, a property manager, or a law-enforcement officer who asks what the photographer is doing can be shown, on the spot, that the visit was requested, paid for, and authorised.
By booking you authorise us to show that work order, including your name, to anyone at or near the property who asks why photographs are being taken, and to confirm the booking to a law-enforcement officer who asks. If you do not want your name shown in that situation, do not book the visit. The work order carries your name and the booking facts, not your email address or phone number.
Photographs are taken only from public streets, sidewalks, and other publicly accessible places, from which the exterior of a property is lawfully visible. We do not enter the property, and we do not photograph into windows or any area where a person would reasonably expect privacy. If a visit cannot be performed lawfully from public areas, it is reported rather than performed, and section 5 applies.
17. Electronic agreement
You agree to do business with us electronically. Creating an account, ticking a box, clicking a button labelled to indicate agreement, and completing payment are each your electronic signature on these terms, with the same effect as a signature in ink under the Florida Uniform Electronic Transaction Act (section 668.50, Florida Statutes) and the federal E-SIGN Act. We record the version of these terms in force, and the date and time, each time you accept them and each time you pay for a visit, and that record is our evidence of the agreement.
18. Governing law and disputes
These terms are governed by the laws of the State of Florida without regard to its conflict-of-law rules. Any dispute that cannot be resolved through your account will be brought only in the state courts located in or serving Flagler County, Florida (including its county court for claims within that court’s limits), or in the federal court for that district, and you consent to their jurisdiction. If any part of these terms is found unenforceable, the rest remains in effect.
YOU AND WE EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
19. Changes to these terms
When we change these terms we update the version date at the top; material changes are announced in your account before they take effect for new bookings. The version you accepted is recorded on your account, and each booking records the version in effect when it was paid for.
20. Scope schedules
Each service we sell has a scope schedule below, saying what a visit of that service delivers. Everything in sections 1 to 19 applies to every service. Where a schedule says more about a service, it applies to that service as well; no schedule widens what we do beyond public areas.
Schedule: Front View
A Front View visit is the visit described in section 1: the exterior of the property photographed from the public street and sidewalk, within the arrival window you chose, and the photographs reviewed and delivered to your account as described in section 9.
It is a photographic record of what is visible from public areas on the day. We do not enter the property, we do not photograph into windows or any area where a person would reasonably expect privacy, and we do not assess anything we photograph.
Front View is the service earlier called the Street Photo Visit.
See also the Privacy Policy.