Terms of Service

These Terms of Service ("Terms") govern your access to and use of buildnyc.ai and its intelligence modules (the "Platform"), operated by BuildNYC ("we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Platform.

1. Access and Accounts

Access to the Platform requires a valid access code issued by BuildNYC. Access codes are non-transferable and for authorized users only. You are responsible for maintaining the confidentiality of your access code and for all activity that occurs under it. Any unauthorized access or suspected compromise must be reported to BuildNYC immediately.

2. Permitted Use

The Platform is licensed solely for internal business use by the authorized individual or entity to whom access was granted. You may use Platform data and intelligence to inform your own decisions, analyses, and work product. You may not:

• Resell, sublicense, or redistribute Platform data, outputs, or derived datasets in any form
• Use the Platform or any output therefrom to build, train, or improve competing products or services
• Use Platform outputs as training data for any machine learning, artificial intelligence, or large language model system
• Scrape, crawl, spider, mirror, or programmatically extract any data, content, or interface elements from the Platform by any means
• Use automated tools, bots, scripts, headless browsers, or APIs to access the Platform without prior written consent from BuildNYC
• Bypass, circumvent, or attempt to defeat any access control, rate limit, bot detection, authentication mechanism, or technical protection measure on the Platform
• Use the Platform in any bulk, batch, or systematic manner beyond normal interactive use
• Share, transfer, or disclose access credentials or session tokens to any unauthorized party
• Frame, embed, or otherwise incorporate Platform content into any external website, application, or service
• Reverse engineer, decompile, or attempt to derive the source code, algorithms, models, or scoring methodologies underlying the Platform

3. Prohibited Automated Access — Liquidated Damages

Unauthorized automated access to the Platform causes substantial harm that is difficult to quantify, including but not limited to: degradation of service for authorized users, competitive misappropriation of proprietary compiled datasets, and erosion of trade secret protections. Accordingly, you agree that each instance of unauthorized automated access, scraping, crawling, or programmatic extraction constitutes a material breach and shall give rise to liquidated damages of $50,000 per day during which such access occurs, which the parties agree is a reasonable estimate of harm and not a penalty. BuildNYC reserves all additional remedies available at law or in equity, including injunctive relief without bond.

For purposes of this Section, a "day" begins at 12:00:00 AM Eastern Time and ends at 11:59:59 PM Eastern Time. Partial days count as full days. Multiple automated sessions or requests occurring within a single day do not reduce the per-day liquidated damages amount.

4. Data Sources and Proprietary Compilation

The Platform aggregates, normalizes, enriches, and analyzes data from sources including the NYC Department of Buildings, ACRIS, HPD, ECB/OATH, PLUTO, ZAP, and others. While individual source data may be publicly available, BuildNYC's compiled datasets, normalization methodologies, entity resolution graphs, scoring algorithms, and analytical outputs constitute original intellectual property protected by copyright, trade secret law, and applicable database protections. The fact that underlying source data is public does not grant any right to reproduce, extract, or exploit BuildNYC's compiled work product.

While we work to maintain accuracy, we make no warranties regarding the completeness, timeliness, or fitness for any particular purpose of this data. Always verify critical information through primary sources before making material decisions.

5. Intellectual Property

All Platform software, models, scoring methodologies, entity resolution systems, graph structures, visual design, user interfaces, compiled datasets, and documentation are proprietary to BuildNYC and protected by copyright, trade secret, patent (pending), and other applicable intellectual property laws. Nothing in these Terms grants you ownership of, or any license to, any Platform intellectual property beyond the narrow use license described in Section 2. Any unauthorized use of BuildNYC intellectual property will be prosecuted to the fullest extent of the law.

6. Monitoring and Enforcement

BuildNYC actively monitors Platform access patterns, request volumes, and usage behavior. We employ technical and legal measures to detect and respond to unauthorized automated access, credential sharing, and policy violations. Access logs, IP addresses, session identifiers, and behavioral fingerprints are retained and may be used as evidence in enforcement proceedings. By using the Platform, you consent to this monitoring.

In the event of a suspected violation, BuildNYC may immediately suspend or terminate access without notice, pursue injunctive relief in any court of competent jurisdiction, and seek all available damages including those specified in Section 3.

7. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLATFORM OUTPUTS ARE INFORMATIONAL ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, OR ENGINEERING ADVICE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDNYC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION LIMITS BUILDNYC'S RIGHT TO SEEK LIQUIDATED DAMAGES UNDER SECTION 3 OR INJUNCTIVE OR EQUITABLE RELIEF FOR UNAUTHORIZED ACCESS OR INTELLECTUAL PROPERTY VIOLATIONS.

9. Indemnification

You agree to indemnify, defend, and hold harmless BuildNYC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your unauthorized access to or use of the Platform; (c) your infringement of any BuildNYC intellectual property; or (d) any third-party claim arising from your use of Platform data or outputs.

10. Modifications

We may update these Terms at any time. Continued use of the Platform following notice of changes constitutes acceptance of the updated Terms.

11. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts of New York County, New York, and you irrevocably consent to personal jurisdiction and venue in such courts. The prevailing party in any legal proceeding arising under these Terms shall be entitled to recover reasonable attorneys' fees and costs.

12. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force. These Terms, together with any access agreement or subscription agreement you have executed with BuildNYC, constitute the entire agreement between you and BuildNYC with respect to the Platform.

13. Contact

Questions about these Terms or to report suspected unauthorized access: contact@buildnyc.ai