Terms of Service

Effective Date: April 24, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zoning Assist LLC, an Arizona limited liability company ("Zoning Assist," "we," "us," or "our"), governing your access to and use of the Zoning Assist platform, website, APIs, reports, and all related services (collectively, the "Service").

By clicking "I Agree," creating an account, or by otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Subscription & Billing Agreement. These three documents together constitute the complete and exclusive agreement between you and Zoning Assist regarding the Service.

We reserve the right to modify these Terms at any time. We will provide at least 14 days' advance notice of material changes via email or in-app notification. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms. If you do not agree to modified Terms, you must stop using the Service and cancel your subscription.

2. Eligibility

To use the Service, you must meet all of the following eligibility requirements:

• You must be at least 18 years of age;
• You must have the legal capacity to enter into a binding contract under applicable law;
• If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and the term "User" shall refer to that entity;
• You must not be a person barred from receiving services under the laws of the United States or other applicable jurisdictions;
• You must not have had a Zoning Assist account previously suspended or terminated for cause.

The Service is intended for use by real estate developers, investors, architects, engineers, land use planners, attorneys, municipal consultants, and other real estate and development professionals. Use of the Service for consumer residential purposes unrelated to professional development activity is outside the intended scope of the Service.

3. Account Creation and Security

3.1 Account Registration

To access subscription features of the Service, you must register for an account by providing accurate, complete, and current information including your legal name, professional email address, company name (if applicable), profession type, and billing information. You agree to promptly update your account information to keep it accurate and current.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys issued to you. You agree to:

• Use a strong, unique password and enable any available multi-factor authentication;
• Immediately notify Zoning Assist at [email protected] of any unauthorized access to or use of your account;
• Never share your login credentials with any other person or entity;
• Log out of your account at the end of each session when using shared or public devices.

3.3 Single-User License - No Credential Sharing

Each subscription seat is licensed to a single named individual user. You may not share your account credentials with colleagues, contractors, third parties, or any other person. If you require multiple users, you must purchase the appropriate number of seats or an Enterprise plan. Credential sharing is a material breach of these Terms and will result in immediate account suspension without refund.

3.4 Account Responsibility

You are fully responsible for all activity that occurs under your account, whether or not authorized by you. Zoning Assist is not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to maintain adequate credential security.

4. Description of Service

4.1 What Zoning Assist Does

Zoning Assist is a software-as-a-service (SaaS) platform that aggregates, processes, and analyzes publicly available data from municipal, county, state, and federal government sources to generate comprehensive zoning feasibility reports for specified property addresses. The Service uses proprietary AI-assisted analysis methodologies to interpret and synthesize data from multiple public sources.

4.2 Report Data Sections

Reports generated by the Service may include data and analysis across the following categories, subject to data availability for the queried jurisdiction:

• Current zoning classification and designation
• Permitted and conditional uses by right
• Zoning overlay districts and special designations
• Maximum allowable density and buildable unit estimates
• Lot coverage and floor-area ratio (FAR) limits
• Setback requirements (front, rear, side)
• Building height limitations
• Parking requirements by use type
• Open space and landscaping requirements
• Signage restrictions
• Variance likelihood scoring (AI-estimated)
• Rezoning feasibility indicators (AI-estimated)
• Flood zone designations (FEMA NFIP data)
• Special flood hazard area (SFHA) classifications
• Wildfire risk indicators (USFS data)
• Seismic hazard zone information (USGS data)
• Wetlands and waterway proximity (USFWS data)
• EPA Superfund and environmental site proximity
• Soil classification and contamination indicators
• Federal and state land ownership proximity (BLM/USFS)
• Census demographic and population data
• School district and service boundaries
• Utility infrastructure proximity indicators
• Parcel boundary and acreage data
• Ownership and APN data (where publicly available)
• Recent permit history (where publicly available)
• Historic district and preservation overlay flags
• Transit-oriented development (TOD) zone flags
• Overall feasibility scoring (proprietary AI methodology)

4.3 AI Analysis

The Service uses proprietary artificial intelligence and machine learning models to analyze data, generate feasibility estimates, and produce scoring outputs. All AI-generated analysis, scores, and estimates are probabilistic in nature and represent the Service's best assessment based on available public data. AI outputs are not professional determinations and may be incorrect. See Section 9 (Disclaimers) for full limitations.

4.4 Service Availability

Data coverage and available report sections vary by jurisdiction. Not all data sections will be available for every queried address. The Service does not guarantee coverage for any specific city, county, or region. Coverage is continuously expanded; check zoningassist.com for current coverage areas.

5. Acceptable Use Policy

5.1 Permitted Uses

Subject to these Terms, you are permitted to use the Service for lawful internal business purposes in connection with real estate development, investment analysis, land use planning, architectural feasibility review, and similar professional activities.

5.2 Prohibited Uses

You agree that you will NOT use the Service to:

• Engage in, facilitate, or promote any unlawful activity;
• Violate any applicable local, state, federal, or international law, regulation, or ordinance;
• Infringe or misappropriate any intellectual property right of Zoning Assist or any third party;
• Transmit any virus, malware, spyware, or other malicious code;
• Attempt to gain unauthorized access to the Service, its infrastructure, databases, or related systems;
• Interfere with or disrupt the integrity, performance, or security of the Service;
• Harvest, scrape, mine, or systematically collect data from the Service through automated means - see Section 14;
• Use the Service to develop, train, fine-tune, or improve any competing AI or machine learning model - see Section 6;
• Engage in any activity that imposes an unreasonable or disproportionate load on our infrastructure;
• Attempt to circumvent any access controls, rate limits, IP restrictions, or security measures;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Resell, redistribute, or sublicense access to the Service or reports without written authorization;
• Remove, alter, or obscure any copyright, trademark, or proprietary rights notices;
• Use the Service in any way that could damage Zoning Assist's reputation or business interests.

6. Intellectual Property and Trade Secrets

6.1 Ownership of Service and Report Content

Zoning Assist and its licensors own all right, title, and interest in and to the Service, including but not limited to:

• All software code, algorithms, and technical infrastructure;
• All report output content, layouts, and formatting;
• All AI analysis methodologies, scoring systems, and feasibility models;
• All data compilation structures, normalization methodologies, and aggregation logic;
• All AI system prompts, model architectures, and training configurations;
• All trade names, trademarks, service marks, and logos;
• All documentation, user interfaces, and design elements.

Your use of the Service does not transfer any ownership rights to you. All rights not expressly granted in these Terms are reserved by Zoning Assist.

6.2 Trade Secrets

The following elements of the Service constitute trade secrets of Zoning Assist LLC and are protected under the Arizona Uniform Trade Secrets Act (A.R.S. § 44-401 et seq.) and the federal Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.):

• The AI feasibility scoring methodology, including all variables, weights, and scoring logic;
• The data compilation and normalization methods used to process municipal GIS data;
• The AI system prompts, chain-of-thought frameworks, and model instruction sets;
• The report output structure, section sequencing, and formatting logic;
• The proprietary mapping between zoning designations across jurisdictions;
• The variance likelihood estimation methodology;
• All internal training data, fine-tuning datasets, and model benchmarks.

6.3 Prohibition on Reverse Engineering

You expressly agree that you will NOT, directly or indirectly:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or methodology underlying the Service;
• Conduct systematic queries, pattern analysis, or A/B testing designed to infer, reconstruct, or approximate Zoning Assist's AI scoring methodology;
• Attempt to extract, reconstruct, or replicate Zoning Assist's data compilation or normalization logic through analysis of report outputs;
• Use any tool, method, or technique to probe the structure or logic of Zoning Assist's AI models.

6.4 Prohibition on AI/ML Training Use

You expressly agree that you will NOT use any reports, report data, report outputs, AI analysis, scoring data, or any other Service content - in whole or in part - to:

• Train, fine-tune, evaluate, or improve any artificial intelligence or machine learning model;
• Develop any competing zoning analysis, land use, or real estate intelligence product or service;
• Create training datasets, benchmarks, or evaluation sets for any AI application;
• Provide data to any third party for the purpose of AI model training or development.

This prohibition applies regardless of whether the competing product is commercial or non-commercial, and regardless of whether you are the developer or merely providing data to a developer.

6.5 Prohibition on Prompt Injection and AI Extraction

You expressly agree that you will NOT:

• Attempt to inject malicious, misleading, or manipulative instructions into any AI component of the Service ("prompt injection");
• Attempt to extract, elicit, or reconstruct Zoning Assist's AI system prompts, model instructions, or internal reasoning through any query technique;
• Submit queries designed to cause the Service's AI to reveal confidential system information, override safety controls, or behave outside intended parameters;
• Use jailbreaking techniques, adversarial prompts, or social engineering to manipulate the Service's AI outputs.

6.6 Prohibition on Redistribution, Resale, and Public Posting

Reports generated by the Service are licensed for your internal business use only. You expressly agree that you will NOT:

• Resell, license, sublicense, or transfer any report or report data to any third party for compensation;
• Distribute reports through any commercial data marketplace, API, or aggregator platform;
• Incorporate report content or data into any product, service, or publication offered to third parties without prior written consent from Zoning Assist;
• Use report data as the basis for any derivative database, data product, or competitive intelligence service;
• Post, publish, upload, or display any report — in whole or in part — on any publicly accessible website, webpage, social media account, platform, channel, or online community (including but not limited to LinkedIn, X/Twitter, Facebook, Instagram, YouTube, Reddit, or any real estate or development forum);
• Share screenshots, excerpts, or images of report content in any public forum, group, or online channel;
• Embed, iframe, or link to any report URL in a manner that makes the report accessible to parties other than you and your authorized internal advisors.

This prohibition on public posting applies regardless of whether you attribute the content to Zoning Assist and regardless of whether you are paid for doing so. Internal sharing with employees and professional advisors under confidentiality obligations is permitted per Section 7.2.

Requests to license report data for commercial redistribution or to obtain written consent for specific use cases must be submitted in writing to [email protected]. Zoning Assist may grant or deny such requests in its sole discretion.

6.7 Copyright in Report Compilations

While the underlying raw data in reports may be sourced from public government databases, the selection, coordination, arrangement, analysis, scoring, and presentation of that data in Zoning Assist reports constitutes original copyrightable expression owned exclusively by Zoning Assist LLC. Reproducing or distributing report compilations without authorization infringes Zoning Assist's copyright.

7. License Grant and Restrictions

7.1 Limited License

Subject to these Terms and payment of applicable fees, Zoning Assist grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and to view and use the reports generated under your subscription solely for your internal business purposes.

7.2 Report Use License

Each report is licensed to you for:

• Internal review, feasibility analysis, and investment decision-making;
• Sharing with your own employees, officers, and professional advisors (attorneys, architects, engineers) who are subject to confidentiality obligations and who are evaluating the specific property in question;
• Inclusion in internal due diligence files and investment memoranda not distributed to the public.

This license does NOT permit resale, public distribution, third-party commercial use, or posting of report content on any public website, social media account, or online platform. See Section 6.6 for the complete prohibition on public posting and redistribution.

7.3 License Termination

This license terminates automatically and immediately upon any breach of these Terms, including any violation of the IP protections in Section 6. Upon termination, you must cease all use of the Service and destroy any unauthorized copies of report content.

8. Third-Party Data Sources

The Service aggregates data from the following categories of publicly available third-party sources:

Data Source	Data Type
Municipal and County GIS Systems	Zoning designations, parcel boundaries, land use codes, overlay districts
U.S. Census Bureau	Demographic data, population statistics, geographic boundaries
FEMA National Flood Insurance Program (NFIP)	Flood zone maps, SFHA designations, flood risk data
U.S. Geological Survey (USGS)	Seismic hazard data, earthquake risk zones, topographic data
U.S. Environmental Protection Agency (EPA)	Superfund site locations, environmental contamination data
Bureau of Land Management (BLM)	Federal land ownership, public land boundaries
U.S. Forest Service (USFS)	National forest boundaries, wildfire risk classifications
U.S. Fish & Wildlife Service (USFWS)	National Wetlands Inventory, wetland boundary data
County Assessor Offices	Parcel ownership, APN data, assessed values (where publicly available)

Zoning Assist does not control these third-party sources and is not responsible for their accuracy, completeness, availability, or changes. The inclusion of data from these sources does not constitute an endorsement by any government agency. Use of public government data is subject to applicable government terms of use and open data licenses.

Municipal and county GIS data is provided “as is” by the originating government entity without any guarantee of accuracy or completeness. The applicable city or county government assumes no responsibility for errors or omissions in its data. This “as is” limitation applies to all zoning, parcel, and land use data in reports generated by the Service. You are solely responsible for ensuring that your use of any data obtained through the Service complies with all applicable federal, state, and local laws, ordinances, and regulations, including those of the jurisdiction in which the subject property is located. Zoning Assist’s authorization to compile and display government GIS data does not grant you any rights to use such data in any manner inconsistent with the applicable jurisdiction’s data terms or law.

Third-party data providers may update, discontinue, or restrict their data at any time. Zoning Assist makes no warranty that any specific data source will continue to be available or that data from any source will be current.

8.1 Source Outage Policy

When a third-party data source experiences a temporary outage that prevents one or more report sections from populating, Zoning Assist will clearly identify the affected section and the specific data source experiencing difficulties. If your report is affected by such an outage, you are entitled to one complimentary re-run of the same address within seven (7) days at no additional cost. See the Subscription & Billing Agreement for full details.

9. Disclaimers and Data Accuracy

9.1 No Professional Advice

Nothing in the Service, and no report generated by the Service, constitutes legal advice, planning advice, engineering advice, architectural advice, financial advice, investment advice, or any other form of professional advisory service. Use of the Service does not create any professional, fiduciary, or advisory relationship between you and Zoning Assist, its owners, officers, or employees. For professional zoning determinations, retain a licensed Arizona attorney, AICP-certified planner, licensed civil engineer, or registered architect.

9.2 Data Accuracy Disclaimer

Zoning Assist expressly disclaims all responsibility for the accuracy, completeness, currency, or fitness for any particular purpose of the data contained in reports. Specifically:

• Zoning designations sourced from municipal GIS systems may not reflect recent amendments, rezoning actions, variances, specific plan conditions, development agreements, or interim zoning;
• Municipal GIS data is frequently months or years behind adopted code changes;
• Parcel boundaries may differ from official recorded survey data;
• Jurisdictional boundary assignments may be incorrect for parcels near city or county lines;
• Zoning Assist does not perform independent legal verification of any zoning data;
• Errors in underlying government databases will be reflected in report output.

You must independently verify all zoning information with the applicable city or county planning department before making any investment, development, permitting, or financing decision.

9.3 AI Analysis Disclaimer

Feasibility scores, variance likelihood estimates, rezoning indicators, and all other AI-generated outputs are probabilistic estimates based on pattern analysis of available data. They are NOT:

• Official zoning determinations by any government authority;
• Legal opinions regarding permitted uses or development rights;
• Guarantees of any development outcome;
• Predictions of any regulatory agency's decision.

AI analysis may be incorrect, incomplete, or misleading. Zoning Assist is not liable for any decision made in reliance on AI-generated outputs.

9.4 Natural Hazard Disclaimer

Flood zone, wildfire risk, seismic, and other natural hazard data provided in reports are regional assessments derived from publicly available government data. These assessments are:

• Not site-specific engineering assessments;
• Not professional hazard evaluations;
• Subject to the same inaccuracies as the underlying government data sources;
• Not a substitute for FEMA flood determination letters, geotechnical reports, or site-specific hazard assessments.

9.5 Government Land Data Disclaimer

Federal and state land ownership boundaries, BLM data, and other government land designations shown in reports represent approximate boundaries derived from publicly available GIS data. These boundaries may not match officially recorded legal descriptions. State trust land boundaries in particular may be incomplete or imprecise in publicly available GIS datasets. Always verify land ownership, state trust land status, and applicable use restrictions directly with the applicable federal, state, or local agency before any acquisition or development activity.

9.6 Source Outage and Incomplete Report Disclaimer

Zoning Assist reports aggregate data from multiple independent third-party government sources. These sources may be temporarily or permanently unavailable at the time your report is generated. If one or more data sources are unavailable during report generation, the affected sections of your report will be incomplete, absent, or marked as unavailable. Specifically:

• A report generated during a data source outage may be missing critical information - including but not limited to flood zone designations, environmental site data, seismic hazard data, or state/federal land ownership data;
• The absence of a risk flag in a report does not mean no risk exists - it may mean the relevant data source was unavailable at the time of report generation;
• You must verify all critical risk data (especially flood zone, environmental, and government land designations) independently, regardless of what appears or does not appear in your report;
• Zoning Assist is not liable for any loss, damage, or liability resulting from reliance on a report that was incomplete due to a data source outage, even if the outage was not disclosed at the time of generation.

If you suspect a report was affected by a data source outage, contact [email protected]. You may be entitled to a complimentary re-run under the terms of the Subscription & Billing Agreement.

9.7 No Third-Party Reliance

Reports generated by the Service are licensed solely for the use of the subscribing individual user or entity that generated the report. Reports are informational due diligence support documents only and are not certifications, warranties, or professional opinions. Third-party use is governed by the following terms:

• Standard Zoning Feasibility Reports are intended for the internal use of the subscribing user and their authorized professional advisors (licensed attorneys, licensed surveyors, architects, and engineers engaged on a specific project). These reports may not be provided to lenders, title companies, investors, buyers, sellers, or insurers as a certification, guarantee, or basis for any credit or investment decision.
• Site Intelligence Summary Reports (accessed via Standard, Premium, and Enterprise plans) are designed to support site due diligence workflows and may be shared with lenders, title companies, and authorized professional advisors solely as an informational reference document. Any recipient of a Site Intelligence Summary is expressly placed on notice that: (a) the report does not constitute an ALTA survey, a zoning compliance certification, a legal opinion, a title opinion, or a boundary determination; (b) all data must be independently verified with the applicable planning department and licensed professionals before any credit, lending, or investment decision is made; and (c) Zoning Assist disclaims all liability for any decision made in reliance on this report.
• You agree that when sharing any Zoning Assist report with any party, you will include or direct them to the conspicuous disclaimer embedded in the report stating that the report is for informational purposes only and requires independent verification before any professional, lending, investment, or regulatory reliance.
• Zoning Assist shall have no liability whatsoever to any third party who receives or relies upon any report, regardless of how they obtained it, beyond the liability caps set forth in Section 21 of these Terms.

9.8 Reports Not for Use in Legal Proceedings

Zoning Assist reports are informational research tools and are expressly NOT intended for use in any legal, regulatory, quasi-judicial, or administrative proceeding. Specifically:

• Reports are not expert opinions, expert reports, or professional testimony and may not be offered as such in any court, arbitration, administrative proceeding, zoning appeal, permit hearing, insurance claim, or other legal proceeding;
• Zoning Assist employees, officers, owners, and contractors are not available as expert witnesses, fact witnesses, or deponents in connection with any report or the methodology underlying any report, absent a separate written agreement;
• Subpoenas, deposition notices, or legal process directed to Zoning Assist in connection with a report may be subject to a motion to quash at Zoning Assist's sole discretion;
• Any party who attempts to introduce a Zoning Assist report into evidence in any proceeding does so contrary to the express terms of these Terms of Service and at their own risk.

9.9 Tax and Impact Fee Data Disclaimer

Where Zoning Assist reports include estimated property tax rates, assessed valuation data, development impact fees, utility connection fees, or related fiscal data:

• Such data is approximate and derived from publicly available reference sources; it may not reflect the current assessed value, actual tax obligation, or current fee schedule applicable to the subject parcel;
• Property tax obligations are determined by the applicable county assessor and are subject to appeals, exemptions, abatements, special assessments, and other adjustments not captured in reference data;
• Development impact fees are set by local governments and vary significantly based on project type, size, timing, and applicable fee schedule at time of permit application - which may differ from reference data in this report;
• Tax and fee data in Zoning Assist reports must not be used as the basis for any financial projection, investment pro forma, feasibility analysis, or financing decision without independent verification with the applicable taxing authority and municipal fee schedule;
• Zoning Assist is not liable for any financial loss, tax liability, or project cost overrun arising from reliance on tax or impact fee data in any report.

9.10 AI Data Integrity, Phantom Data, and Third-Party Source Liability Disclosure

Zoning Assist's reports are generated using a combination of direct data retrieval from municipal and government sources and AI-assisted analysis. Our internal data integrity policy requires that every structured data point in a report have a traceable, citable source. We do not intentionally publish unsourced or fabricated data. However, you must be aware of the following limitations:

• (a) AI Hallucination Risk. Artificial intelligence models, including those used by Zoning Assist, are capable of generating plausible-sounding information that has no basis in any source document (“hallucination” or “phantom data”). Despite our quality controls, no AI system can guarantee that hallucinated data has been fully eliminated from any given report output. A data point may appear accurate and well-formatted while being partially or entirely incorrect.
• (b) Source-Based Policy, Not Source-Based Guarantee. Zoning Assist’s policy is that all structured data fields — including zoning classifications, setbacks, FAR, parking ratios, density limits, height limits, and permitted uses — must be traceable to a specific municipal code section, government GIS dataset, or official government publication. This policy reduces, but does not eliminate, the risk that incorrect data appears in a report.
• (c) Third-Party Source Errors. Zoning Assist is not responsible or liable for errors, omissions, inaccuracies, outdated information, or misrepresentations contained in any third-party source from which data is retrieved, including but not limited to municipal GIS systems, government open data portals, zoning code databases, FEMA flood maps, environmental databases, assessor records, and any other government or third-party data source. The accuracy of any data in a Zoning Assist report is limited by and subject to the accuracy of the underlying source at the time of retrieval.
• (d) No Guarantee of Source Currency. Even when data is correctly retrieved from a government source, that source may itself be outdated, incorrect, pending amendment, or superseded by a variance, development agreement, specific plan condition, overlay zone, or pending code amendment not yet reflected in the source data at the time of report generation.
• (e) Independent Verification Mandatory. You must independently verify every material data point in any Zoning Assist report — including zoning designations, dimensional standards, permitted uses, setback requirements, parking ratios, density limits, height limits, and any other development standard — directly with the applicable planning department, a licensed land-use attorney, or a licensed design professional before making any investment, financing, permitting, or construction decision. The presence of a data point in a Zoning Assist report does not substitute for direct government verification.
• (f) No Liability for AI or Source Errors. Zoning Assist shall not be liable for any loss, damage, cost, or expense arising from: (i) any AI-generated error, hallucinated or phantom data point, or misinterpretation of source material; (ii) any error, omission, inaccuracy, or outdated information in any third-party data source from which report data was retrieved; or (iii) any failure of any third-party source to reflect current zoning designations, code amendments, or regulatory conditions — regardless of whether such errors were discoverable through reasonable quality control measures.

9.11 No Guarantee of Development Outcome

A favorable feasibility report, high AI score, or low variance estimate does not guarantee that any development project will receive required permits, approvals, or variances. Regulatory outcomes are determined by government authorities and are outside Zoning Assist's control or prediction capability.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZONING ASSIST LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• All implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Any warranty that the service will be uninterrupted, error-free, or free from harmful components;
• Any warranty regarding the accuracy, reliability, completeness, or currency of any data or reports;
• Any warranty that defects will be corrected or that the service will meet your requirements;
• Any warranty arising from course of dealing, course of performance, or usage of trade.

Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you in full. In such jurisdictions, warranties are limited to the minimum extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZONING ASSIST LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Lost profits, lost revenue, or lost business opportunities;
• Investment losses or foregone returns resulting from reliance on Service data;
• Development costs, permitting costs, redesign costs, or carrying costs;
• Costs to obtain professional legal, planning, or engineering advice;
• Damages arising from inaccurate, outdated, or missing data;
• Damages from failure to obtain permits, approvals, or variances;
• Data loss or corruption;
• Any other pecuniary loss.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZONING ASSIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability: Zoning Assist's total aggregate liability for all claims arising out of or related to the Service or these Terms shall not exceed the total subscription fees actually paid by you to Zoning Assist in the twelve (12) calendar months immediately preceding the event giving rise to the claim. For pay-as-you-go users, liability is capped at the fees paid in the thirty (30) days preceding the event.

The limitations of liability in this Section apply even if any limited remedy fails of its essential purpose. These limitations reflect a fundamental element of the basis of the bargain between Zoning Assist and you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Zoning Assist LLC, its owners, members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Service;
• Your reliance on any report, data, AI analysis, or score generated by the Service;
• Any investment, development, permitting, or financing decision you make based on Service data;
• Your violation of these Terms, the Privacy Policy, or the Subscription Agreement;
• Your violation of any applicable law, regulation, or third-party right;
• Any claim by a third party arising from your use or redistribution of report content;
• Your breach of any representation or warranty made to Zoning Assist;
• Any unauthorized use of your account credentials.

Zoning Assist reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Zoning Assist's defense of any such claim.

13. Account Suspension and Termination

13.1 Termination by You

You may cancel your subscription and terminate your account at any time through your account dashboard or by contacting [email protected]. Cancellation instructions are detailed in the Subscription & Billing Agreement. Termination takes effect at the end of your current billing period. Refund terms are governed by the Subscription & Billing Agreement.

13.2 Suspension or Termination by Zoning Assist

Zoning Assist may suspend or permanently terminate your account, with or without notice, for any of the following reasons:

• Violation of any provision of these Terms, the Privacy Policy, or the Subscription Agreement;
• Suspected or confirmed credential sharing or unauthorized account access;
• Suspected or confirmed automated scraping, data mining, or bot activity;
• Attempted reverse engineering or IP extraction;
• Use of the Service in violation of the IP protections in Section 6;
• Non-payment of applicable fees;
• Fraudulent, abusive, or illegal use of the Service;
• Activity that threatens the security or integrity of the Service or other users;
• Any other conduct Zoning Assist reasonably determines to be harmful to the Service or its users.

13.3 Effect of Termination

Upon termination of your account for any reason: (a) all licenses granted under these Terms immediately terminate; (b) you must cease all use of the Service; (c) any outstanding payment obligations remain due; (d) Zoning Assist may delete your account data in accordance with the Privacy Policy's retention schedule. Sections 6, 7, 9, 10, 11, 12, 16, and 17 of these Terms survive termination.

14. Anti-Scraping and Rate Limiting

The Service contains technical measures to detect and prevent automated access, including rate limiting, IP-based blocking, behavioral analysis, and CAPTCHA verification. You agree that you will NOT:

• Use any bot, spider, crawler, scraper, automated script, or other automated means to access the Service;
• Circumvent, bypass, or disable any rate limiting, IP blocking, or access control mechanism;
• Use any tool designed to mask the origin of automated requests (e.g., rotating proxies, VPN cycling);
• Access the Service through any means other than the official web interface or authorized API with a valid API key;
• Submit queries at a rate or volume inconsistent with normal human use of the Service.

Detection of automated access or circumvention activity will result in immediate account suspension without notice and without refund. Zoning Assist reserves the right to pursue legal remedies including claims under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Arizona Computer Tampering Act (A.R.S. § 13-2316).

15. Force Majeure

Zoning Assist shall not be liable for any failure or delay in performance of the Service resulting from circumstances beyond its reasonable control, including but not limited to:

• Unavailability, discontinuation, or modification of third-party government GIS or data APIs;
• Municipal, county, state, or federal government data source outages or access restrictions;
• Changes in government data licensing terms or open data policies;
• Internet infrastructure failures, network outages, or hosting provider disruptions;
• Cyberattacks, DDoS attacks, or other malicious third-party acts;
• Natural disasters, acts of God, fire, flood, earthquake, or severe weather;
• Acts of government, including regulatory actions, data access restrictions, or compliance orders;
• Pandemics, public health emergencies, or other events of similar nature.

In the event of a force majeure event of extended duration (exceeding 30 days), Zoning Assist may offer prorated subscription credits at its discretion. Force majeure events do not entitle you to a refund of pre-paid subscription fees.

16. Dispute Resolution and Arbitration

16.1 Governing Law

These Terms and all related disputes shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to provide Zoning Assist with written notice of your claim at [email protected] and to negotiate in good faith for at least thirty (30) days to attempt to resolve the dispute informally. This informal notice requirement is a prerequisite to any arbitration or litigation.

16.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Subscription Agreement, the Service, or any report - including disputes about the existence, validity, interpretation, performance, breach, or termination of these Terms - shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court.

• Arbitration shall take place in Maricopa County, Arizona, or via video conference by mutual agreement;
• The arbitrator shall apply Arizona law;
• The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction;
• Each party shall bear its own attorneys' fees unless the arbitrator awards fees to the prevailing party as permitted by law.

16.4 Class Action Waiver

YOU AND ZONING ASSIST EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. THIS WAIVER IS A MATERIAL TERM OF THESE TERMS OF SERVICE.

16.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in Maricopa County, Arizona, to prevent irreparable harm pending arbitration - including but not limited to relief for threatened or actual IP violations, trade secret misappropriation, or unauthorized scraping.

16.6 Venue

For any matter not subject to arbitration, each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona.

17. General Provisions

17.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

17.2 Entire Agreement

These Terms of Service, together with the Privacy Policy and the Subscription & Billing Agreement (collectively, the "Agreement"), constitute the entire agreement between you and Zoning Assist regarding the Service and supersede all prior agreements, representations, warranties, negotiations, and communications - whether written or oral - relating to the Service.

17.3 No Waiver

Zoning Assist's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of Zoning Assist.

17.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Zoning Assist's prior written consent. Zoning Assist may assign these Terms or any rights hereunder to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, without your consent.

17.5 Notices

Notices from Zoning Assist to you will be delivered to the email address associated with your account. Notices from you to Zoning Assist must be sent to [email protected] and are effective upon confirmed receipt.

17.6 Export Compliance

You agree to comply with all applicable U.S. and international export control laws and regulations in connection with your use of the Service.

17.7 Relationship of the Parties

The relationship between you and Zoning Assist is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship.

18. AI Technology Disclosure

18.1 How Zoning Assist Uses Artificial Intelligence

Zoning Assist uses large language model (LLM) technology, specifically Anthropic's Claude API, to analyze aggregated public data and generate the feasibility analysis, variance likelihood scores, rezoning indicators, and narrative summaries included in reports. This constitutes computer-generated automated analysis, not professional human judgment.

18.2 What AI Analysis Is

AI-generated analysis in Zoning Assist reports:

• Is produced by software algorithms processing publicly available data inputs;
• Reflects pattern-based probabilistic estimation, not expert professional judgment;
• May be incorrect, incomplete, outdated, or misleading;
• Does not constitute a professional opinion of any kind;
• Is not reviewed or verified by a licensed attorney, planner, engineer, or architect before delivery to you;
• May fail to account for recent code changes, pending variances, specific plan conditions, development agreements, or other jurisdiction-specific factors not present in available data.

18.3 What AI Analysis Is NOT

AI-generated analysis in Zoning Assist reports is expressly NOT:

• A legal opinion or legal advice from a licensed attorney;
• A planning determination from an AICP-certified planner;
• An official zoning determination or zoning verification letter from any government authority;
• An engineering assessment from a licensed civil or structural engineer;
• An appraisal, valuation, or assessment from a licensed appraiser;
• A guarantee, warranty, or prediction of any development, regulatory, or financial outcome;
• A substitute for professional due diligence.

18.4 Anthropic Claude API

The AI analysis component of Zoning Assist is powered by Anthropic's Claude API. By using the Service, you acknowledge that:

• Property addresses and GIS data submitted for analysis may be transmitted to Anthropic's API for processing;
• Anthropic's API Terms of Service govern Anthropic's handling of API data; by default, Anthropic does not use API inputs to train its models;
• Zoning Assist does not send personally identifiable account information (name, email, billing data) to Anthropic's API - only anonymized property data and GIS information;
• The accuracy of AI analysis depends on the quality and currency of the underlying data provided to the model.

18.5 FM Data Sheet Disclaimer

Where Zoning Assist reports reference Factory Mutual (FM Global) data sheets, standards, classifications, or risk designations, such references are included for general informational purposes only. FM Global data sheets and standards are proprietary documents owned by Factory Mutual Insurance Company. Zoning Assist is not affiliated with, endorsed by, or licensed by FM Global. Any reference to FM standards in reports should not be construed as an FM Global endorsement, certification, or risk classification for the subject property. For official FM risk assessments, consult a licensed FM Global representative.

18.6 Land Value and Development Uplift Estimates

Where Zoning Assist reports include land value uplift estimates, development value indicators, or economic feasibility metrics:

• Such estimates are data-driven algorithmic outputs, not licensed appraisals;
• They do not constitute a "Certified Appraisal" under USPAP (Uniform Standards of Professional Appraisal Practice);
• They may not be used as a substitute for a licensed appraisal for financing, tax, legal, or regulatory purposes;
• Actual land values and development economics depend on market conditions, financing terms, entitlement outcomes, construction costs, and other factors not fully captured in data-driven estimates.

18.7 Accessibility

Zoning Assist is committed to making its Service accessible to users with disabilities. We aim to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you encounter accessibility barriers on our platform, please contact us at [email protected] and we will work to address them. This commitment does not create any legal obligation beyond applicable law.

20. Limitation of Liability - Specific Scenarios

20.1 Stale or Incorrect Zoning Classification

Zoning Assist is not liable for any loss, damage, or liability arising from a report that reflects a zoning classification that was amended, rezoned, superseded, or changed by the applicable government authority after the date our data source was last updated. Municipal GIS data frequently lags behind adopted code amendments by weeks, months, or years. You acknowledge that zoning data in any report may not reflect the most current municipal code and you assume all risk of relying on zoning data without independent verification. This limitation applies regardless of the magnitude of the investment or decision made in reliance on the report.

20.2 AI Capacity and Unit Count Estimates

Zoning Assist is not liable for any loss, damage, redesign cost, delay, or development cost overrun arising from an AI-generated estimate of maximum buildable units, floor-area ratio (FAR), lot coverage, or any other development capacity metric. AI estimates are generated by pattern-matching algorithms and do not account for all overlay districts, specific plan conditions, development agreements, deed restrictions, or jurisdictional nuances that may limit actual buildable capacity. Any capacity estimate in a report is an estimate only - not a professional determination. Engage a licensed AICP planner or land use attorney for binding capacity determinations.

20.3 Natural Hazard Risk Assessments

Zoning Assist is not liable for any personal injury, property damage, property loss, insurance denial, or financial loss arising from reliance on natural hazard risk data - including but not limited to flood zone designations, wildfire risk ratings, or seismic hazard classifications - in any report. Natural hazard data in reports is regional and approximate, not site-specific. A "low risk" designation for any hazard category is a reference classification based on regional data and does not mean the property faces no risk. Always obtain site-specific professional assessments for any hazard category before acquisition, development, or insurance decisions.

20.4 Government and State Land Detection

Zoning Assist is not liable for any acquisition complication, title defect, legal dispute, or financial loss arising from a report that failed to correctly identify a parcel as federal land, state trust land, BLM land, or any other government-owned or government-encumbered land. Government land boundary data in our reports is derived from publicly available GIS databases that may be incomplete, outdated, or imprecise - particularly for state trust land, which may not be fully or accurately represented in available GIS data. Always verify land ownership and encumbrances through a title search, county recorder records, and direct inquiry to the relevant government agency.

20.5 Land Value and Development Uplift Estimates

Zoning Assist is not liable for any financial loss, overpayment, or investment loss arising from reliance on any land value estimate, development uplift estimate, or economic feasibility metric in any report. These estimates are algorithmic outputs with wide uncertainty ranges - they are not USPAP-compliant appraisals, Broker's Price Opinions (BPOs), or professional valuations. Never use a Zoning Assist value estimate as the sole or primary basis for a purchase price, loan amount, investment commitment, or financial projection.

20.6 Incomplete Reports Due to Data Source Outages

Zoning Assist is not liable for any loss, damage, or liability arising from a report that was incomplete because one or more third-party data sources were unavailable at the time the report was generated - even if the incompleteness was not disclosed to you at the time of generation. The absence of any risk flag, hazard designation, or data section in a report does not warrant that no such risk, hazard, or data exists. You are responsible for independently verifying all critical data categories regardless of what appears in the report.

20.7 Third-Party Reliance on Shared Reports

Zoning Assist is not liable to any third party - including but not limited to lenders, investors, partners, buyers, sellers, insurers, and government agencies - for any loss, damage, or liability arising from their reliance on any Zoning Assist report, regardless of how they obtained the report or the circumstances under which the report was shared. Reports are licensed solely to the generating user for internal use. Zoning Assist expressly disclaims all duty of care and all liability to any person or entity that is not the named subscriber who generated the report.

20.8 Use of Reports in Legal or Regulatory Proceedings

Zoning Assist is not liable for any adverse legal outcome, sanctions, adverse inference, or damages arising from the use of a Zoning Assist report in any legal, regulatory, administrative, insurance, or quasi-judicial proceeding. Reports are not expert opinions and were not prepared for evidentiary use. Any party who uses a report in such a proceeding does so in violation of these Terms and at their own risk.

20.9 Data Security Incidents

Zoning Assist's aggregate liability for any data breach, unauthorized access event, or cybersecurity incident - including any exposure of account email addresses, searched property addresses, subscription data, or professional information - is limited as set forth in Section 11 (Limitation of Liability). Zoning Assist implements commercially reasonable security measures but cannot guarantee absolute security of data. See Section 21 for breach notification procedures.

20.10 Tax and Impact Fee Reliance

Zoning Assist is not liable for any financial loss, project cost overrun, tax liability, or investment return shortfall arising from reliance on property tax estimates, assessed value data, development impact fee estimates, or any other fiscal data in any report. Tax and fee data is approximate reference data only. Always verify current tax obligations and applicable fee schedules with the applicable government agency before making any financial commitment.

20.12 Categorical Data Gaps and N/A Values

Zoning Assist reports present dimensional standards (height, setback, lot size, floor-area ratio, lot coverage, parking ratio, and similar fields) on a consistent template across cities. However, zoning codes vary dramatically in what they regulate. Reports therefore routinely contain fields displayed as "N/A," "Not applicable," "None," "Not specified," "Not regulated," blank, null, "-," or similar indicators. An empty or N/A field does not mean Zoning Assist failed to collect data - in the vast majority of cases it means the applicable municipal code does not regulate that item, regulates it elsewhere (comprehensive plan, development agreement, specific plan), or expressly sets the value to "None." You acknowledge and agree to the following:

1. FAR (Floor-Area Ratio). A substantial majority of the cities covered by Zoning Assist do not codify FAR in their zoning ordinance, and many that do codify FAR apply it only to specific districts or intensities. In these cities FAR may appear as N/A, blank, null, or a comprehensive-plan reference. An empty FAR field is not a guarantee that a property is unregulated with respect to building intensity - intensity may be governed by density, height, coverage, open space, comprehensive plan policies, or site plan approval.
2. "None" as a code-prescribed value. In many industrial, mixed-use, downtown, planned, and overlay districts the applicable code expressly states "None" for one or more of minimum lot size, minimum setbacks, maximum coverage, or maximum height. When a report displays "None" (or N/A) for such a field, that value is an accurate reflection of the code - but the property may still be subject to performance standards, impervious surface ratio (ISR) limits, building code height constraints, airport height zones, FAA Part 77 surfaces, fire code separations, context-sensitive setbacks, design review, or other non-dimensional regulations that a zoning report cannot capture.
3. Planned, overlay, specific-plan, and combining districts. Many jurisdictions use planned-development districts (PUD, PD, PD-R, PD-C), specific-plan districts (SP-1, SP-2, etc.), overlay districts, and combining districts for which dimensional standards are set by the approved plan or combining ordinance, not by the baseline code. Reports for properties in such districts will display the base values as N/A or blank with a note that standards are "set at approval" or "per adopted plan." You are solely responsible for obtaining the applicable approved plan, ordinance, or development agreement for any such property.
4. Footnote-governed and conditional values. Certain districts (for example Austin AG, AV, CH, CR, P, R&D; many agricultural, aviation, and public districts in other cities) have dimensional standards that depend on parcel location, use type, slope, shoreline proximity, or conditional-use approval. Where a single row cannot truthfully represent the full regulatory regime, Zoning Assist may display N/A, blank, a placeholder value, or a flag note in place of a fixed number. You must consult the underlying code section before relying on any such field.
5. No-zoning jurisdictions. Some cities (notably Houston, Texas) do not have conventional zoning. Properties in these jurisdictions return a single generic record and N/A for most dimensional fields. Land use is governed instead by deed restrictions, minimum-lot-size and minimum-building-line ordinances, and other non-zoning controls. Reports for such properties are informational only and do not attempt to enumerate every applicable development restriction.
6. Form-based codes. Some cities (for example Miami 21, portions of Charlotte and Denver) use form-based codes that express regulation primarily through building form (transect zones, frontage types, build-to lines), not through traditional dimensional standards. Reports for properties in form-based jurisdictions may display traditional dimensional fields as N/A and reference the applicable transect zone or frontage type instead.
7. No inference from absence. You agree that you will not infer the absence of a regulation from the absence of a value in any field. If a field is critical to your decision, you will independently verify the applicable code section, comprehensive plan policy, overlay, specific plan, and administrative interpretation before relying on the report. Zoning Assist is not liable for any loss, damage, cost overrun, permitting delay, entitlement denial, or other harm arising from an interpretation that an N/A, blank, null, or "None" field means no regulation applies.

20.13 Free Re-Run Abuse

Zoning Assist offers complimentary re-runs when reports are incomplete due to data source outages. This policy is subject to the following limitation: if Zoning Assist determines, in its reasonable discretion, that a subscriber is intentionally or repeatedly generating reports during known data source outages for the purpose of obtaining free re-runs rather than for legitimate research purposes, Zoning Assist reserves the right to (a) suspend the free re-run benefit for that subscriber's account, (b) charge for re-runs at the applicable report rate, and (c) suspend or terminate the account for abuse of the Service. Good-faith disagreements about re-run eligibility should be directed to [email protected].

21. Data Security and Breach Notification

21.1 Security Measures

Zoning Assist implements commercially reasonable administrative, technical, and physical security measures designed to protect the confidentiality, integrity, and availability of your account data. These measures include, but are not limited to, encryption of data in transit (TLS), encryption of sensitive data at rest, access controls and authentication requirements, security monitoring and logging, and regular vulnerability assessments. However, no security system is impenetrable, and Zoning Assist cannot guarantee the absolute security of your data.

21.2 Data Collected

In connection with your use of the Service, Zoning Assist collects and stores the following categories of user data: account email address, hashed password credentials, subscription and billing information (processed and stored by Stripe - Zoning Assist does not retain raw payment card data), profession type, organization name (if provided), IP address logs, property addresses submitted for analysis, and report generation history. Full details are in the Privacy Policy.

21.3 Breach Notification

In the event of a data breach that compromises your personal information, Zoning Assist will:

• Investigate and assess the scope and impact of the breach with reasonable promptness;
• Notify affected subscribers by email to the address on file within the timeframe required by applicable law (and in no event later than 72 hours after confirmation of a breach involving personal data where legally required);
• Provide affected subscribers with information about the nature of the compromised data, steps Zoning Assist has taken or will take to address the breach, and recommended steps you may take to protect yourself;
• Notify applicable regulatory authorities as required by applicable law, including the Arizona Attorney General's office if required under A.R.S. § 18-552.

21.4 Limitation of Liability for Security Incidents

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZONING ASSIST'S TOTAL AGGREGATE LIABILITY FOR ANY DATA BREACH, SECURITY INCIDENT, OR UNAUTHORIZED ACCESS EVENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY THE AFFECTED SUBSCRIBER IN THE TWELVE MONTHS PRECEDING THE INCIDENT, OR (B) $1,000. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED.

21.5 Your Obligations

You agree to promptly notify Zoning Assist at [email protected] if you become aware of any unauthorized access to your account, any suspected phishing or credential theft, or any other security incident involving your Zoning Assist account. Prompt notification assists in containing potential security incidents and minimizing harm.

21.6 Prohibited Data Exfiltration

Any attempt to systematically extract, compile, or exfiltrate user data, report data, or internal operational data from the Service - including through automated scraping, API abuse, insider access, or other means - constitutes a violation of these Terms and may violate the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Arizona Computer Tampering Act (A.R.S. § 13-2316), and applicable state and federal data protection laws. Zoning Assist reserves all rights to pursue civil and criminal remedies against any party engaged in such activity.

22. Contact Information

Zoning Assist LLC is an Arizona limited liability company.

Contact Type	Email Address
General Support	[email protected]
Legal & Terms Questions	[email protected]
Privacy Requests	[email protected]
Billing & Subscriptions	[email protected]
Data Licensing	[email protected]
Security Issues	[email protected]

For legal notices: send via certified mail to the address above AND via email to [email protected].