DeltaVisor

Terms of Service

These Terms of Service ("Terms") govern your access to and use of DeltaVisor (the "Service"), built and run by Very Machine, Inc., a Delaware corporation ("Very Machine," "we," "us"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Note before you agree. Section 13 requires most disputes between us to be resolved by individual arbitration rather than in court, and it waives the right to a jury trial and to take part in a class action. You can opt out of those terms within 30 days by emailing us, at no cost and with no effect on anything else. Section 7 sets out what you are responsible for when you act on information from the Service, and section 4 sets out purposes the Service may not be used for, including any purpose covered by the Fair Credit Reporting Act.

1. The Service

DeltaVisor compiles public records from the jurisdictions we cover into a single record of how the built world changes, region by region. The sources are government records: permits, certificates of occupancy, code and zoning cases, assessment and ownership rolls, recorded instruments, tax status, and related filings. Coverage is organized by region, and what each region publishes varies.

The Service offers four things on top of that record:

• Properties. You can search an address and activate a property to see the assembled record for that place. Activation is metered, it belongs to your organization rather than to you personally, and it permanently exempts that property from the meter. Access to it, like everything else here, requires an active plan.
• Questions. You can ask questions in plain language about the record. Answers are drawn from the records available to the Service, which are never complete, and say what they rest on.
• Monitors. A monitor is a standing query over one or more markets, saved by one user. Matching changes appear in the Service for that user.
• Market views and derived measures. Aggregate and map views over the accumulated record.

The Service is provided on a subscription basis, and there is no anonymous tier. We add, change, and retire sources and regions over time, and we may change or discontinue features.

2. Accounts and organizations

Every account belongs to an organization. The organization is the customer: it holds the subscription, the seats, the activated properties, and the monitor allowance, and its limits apply to everyone in it together rather than to each person separately.

Organizations have roles. An owner or admin can invite and remove members, change roles, manage billing, and see what the organization is using and what actions have been taken in the organization. If you join an organization, your activity in it is visible to its owner and admins.

You must provide accurate account information and keep it current, you must be at least 18 years old and able to form a binding contract, and you are responsible for activity under your account and for keeping your credentials secure. Notify us promptly of any unauthorized use.

If your organization's plan no longer covers the number of people in it, seats may be suspended. A suspended member keeps their account and their content and loses access to the organization until a seat is available again. We deactivate rather than delete.

3. Acceptable use

You agree not to:

• resell, redistribute, or build a competing dataset from the Service's output beyond your own internal use;
• access the Service by automated means except through interfaces we provide, or otherwise scrape, crawl, harvest, or bulk-extract data from the Service;
• circumvent, disable, or interfere with rate limits, quotas, caching, access controls, or other protective measures;
• place an excessive or disproportionate load on the Service, send automated or high-volume traffic, or otherwise interfere with, degrade, disrupt, or impair the Service or the experience of other users;
• probe, scan, or test the vulnerability of the Service or its systems, or reverse engineer or attempt to derive source code, other than as applicable law expressly permits;
• share, sell, transfer, or make your account or credentials available to anyone else, or use the Service on behalf of an undisclosed third party;
• use the Service to violate any law, or to harass, surveil, stalk, threaten, or harm any person;
• attempt to gain unauthorized access to the Service, other accounts, or our systems.

These are examples, not a complete list. We may treat any use we reasonably consider abusive, excessive, deceptive, disruptive, or harmful to the Service, to us, or to other users as a violation of these Terms, whether or not it is specifically described above and whether or not we anticipated it. We may also apply rate limits, throttling, or other technical measures, and block traffic, to protect the Service's stability, integrity, and security.

4. Permitted purposes, and what the Service is not

Not a consumer report

DeltaVisor is not a consumer reporting agency, and the Service is not a consumer report or a consumer reporting service under the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any comparable state law. We do not collect, assemble, or evaluate information for the purpose of furnishing consumer reports, and the Service is not assembled, screened, or maintained to the standards the FCRA requires.

You may not use the Service, or any information obtained from it, in whole or in part, as a factor in establishing an individual's eligibility for any of the following:

• credit, lending, or insurance underwriting, pricing, or terms;
• employment, contracting, promotion, reassignment, or retention;
• tenant screening, housing, or the terms of a residential lease;
• a government license or benefit; or
• any other purpose that is a "permissible purpose" under the FCRA.

Where the Service is useful to lenders, insurers, and underwriters, it is as a source of property and market information: what has been built, permitted, condemned, sold, or assessed at a place, and how a region is changing. It is not a means of evaluating a person.

Fair housing and lending

You may not use the Service in any way that discriminates on the basis of race, color, religion, sex, familial status, national origin, disability, or any other characteristic protected by the Fair Housing Act, the Equal Credit Opportunity Act, or applicable state or local law, including in the targeting or exclusion of neighborhoods, addresses, or recipients.

Contacting people

Some records name people, including property owners and licensed contractors, because the jurisdiction publishes them. If you contact anyone identified through the Service, you do so as the sender and you are solely responsible for complying with the law that governs that outreach, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and do-not-call rules, and any applicable state privacy law. We are not the sender, we do not review your outreach, and nothing in the Service is permission or a legal basis to contact anyone.

What you do after you leave the Service

DeltaVisor does not perform skip tracing, people search, or identity resolution against individuals, and it does not supply data from those sources. The Service reports what a jurisdiction published and stops there.

What you do with information once you have obtained it happens outside the Service. If you research a person or a property further, consult other sources, engage a third party, or act on what you find, that is your own activity, conducted under your own authority, in your own name, and at your own risk. We take no part in it, we do not supervise, review, or endorse it, and we have no responsibility or liability for it. Sections 7 and 11 apply to it in full.

5. Subscriptions and billing

The Service requires an active plan throughout. There is no free tier and no anonymous access, and every part of the Service, including any property your organization has already activated, is available only while a plan is active. Plans are held by the organization, and a plan sets three limits that apply to the organization as a whole: how many seats it has, how many monitors may be active at once, and how many property activations it may make per month. Published plan limits are the current ones and may change on prospective notice.

• What an activation buys is exemption from the meter, and it does not expire. Activating a property spends one activation from the organization's monthly allowance. From then on that property is one your organization holds: you can open it as often as you like, and it never spends another activation, no matter how much the record grows. This is a permanent change to what the meter charges you for. It is not a purchase of the record, a licence that survives your subscription, or any ownership of the underlying data.
• The record keeps being assembled, and the subscription is what pays for that. A property you hold is not a static copy taken on the day you activated it. We keep polling the sources, ingesting new permits, cases, sales and conditions, correcting and re-deriving what we already hold, and adding sources and regions over time. Access to that continuing work is what an active plan provides.
• The monthly allowance runs from your subscription's start day rather than the calendar month, and it does not roll over. An annual plan draws the same monthly allowance.
• A failed activation is not charged. If the gather errors or a region is unreachable, the activation is not counted.
• An activation is charged even where it causes no new work, for instance where another organization has already gathered that place. What is sold is the assembled view of one property.
• Searching, browsing regions, and watching a property you hold are included at every plan level and are never metered.

Where a plan includes a trial, the trial has its own smaller activation allowance and is available once per organization. Billing is handled by our payment processor, Stripe; by subscribing you also agree to Stripe's terms. Fees are billed in advance on a recurring basis.

You can cancel at any time from your dashboard, and cancellation takes effect immediately. When you cancel a paid plan partway through a period, we refund the unused portion of what you paid for that period, prorated, to the original payment method. There is nothing to refund where no payment was taken for the current period, for instance during a trial. Refunds beyond that are at our discretion except where the law requires otherwise.

Moving to a smaller plan deactivates, it never deletes. If a downgrade or a lapse puts you over a limit, monitors stop running and seats are suspended, and everything is kept and restored if you move back up.

If your plan ends, access ends with it. Properties your organization activated stay recorded as activated, so if you subscribe again they are still yours and still cost nothing further to open. While there is no active plan, they cannot be opened, because the Service is not available without one.

6. Sources, accuracy, and coverage

The Service compiles and normalizes records published by third parties, almost entirely government bodies. We do not create the underlying records, we do not control what a jurisdiction publishes or when, and we cannot correct an error at its source.

We do not warrant that any record is complete, accurate, current, or fit for a particular purpose. Coverage varies by market and by source: a market we cover may publish some kinds of record and not others, a source may lag or stop, and a place with no results may mean the sources we asked hold nothing rather than that nothing happened. The Service is an informational tool and is not legal, financial, appraisal, title, or other professional advice. Verify anything you rely on against the authoritative source of record before acting on it.

If you believe a record about you is wrong, the correction has to be made by the body that published it, because we will re-derive our copy from that source. We will tell you which source a record came from so you can approach the right office.

7. Your decisions, and what you are responsible for

DeltaVisor gives you access to a compiled record. What you do with it is yours to decide, and those decisions and their consequences are yours.

We are not your agent, broker, appraiser, inspector, lender, insurer, or advisor, and using the Service creates no fiduciary, agency, or professional relationship. We do not review, approve, monitor, or endorse how you use what you find, and we take no part in any decision you make or any transaction you enter.

You are solely responsible for:

• whether and how you act on anything in the Service, including decisions to buy, sell, bid, price, lend, insure, invest, contract, or walk away, and anything you do with information after you have obtained it;
• verifying anything material against the authoritative source of record before you rely on it;
• every communication you send and every person you contact, and the manner and frequency of that contact;
• complying with all laws, regulations, licensing requirements, and professional or ethical duties that apply to you and to your business, which we do not evaluate and are not positioned to know; and
• obtaining your own legal, financial, tax, appraisal, title, or other professional advice.

To the maximum extent permitted by law, we are not liable for any decision made, action taken, or action not taken, by you or by anyone acting on your behalf or on your information, whether or not it relied on the Service. This is the same allocation the disclaimers, the limitation of liability, and the indemnity in sections 9, 10, and 11 describe, stated in one place because it is the most important thing to understand about using this product.

None of this limits any right you have that cannot be waived under the law that applies to you.

8. Intellectual property

The Service, including its software, design, interfaces, and the compilation, normalization, correlation, and presentation of the underlying data, is owned by us and protected by law. We do not claim ownership of the underlying public records themselves, which remain what they are and which anyone may obtain from the issuing body.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own internal business purposes during your subscription, subject to these Terms. You retain ownership of content you submit, and you grant us the rights needed to operate and provide the Service.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

9. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, timely, or error-free, or that any defect will be corrected.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising from or relating to the Service, on any theory of liability, even if we have been advised of the possibility. Our total liability for all claims relating to the Service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim.

These limits apply to the fullest extent permitted by law. Some jurisdictions do not allow certain exclusions, so some of these may not apply to you.

11. Indemnification

You will defend, indemnify, and hold harmless Very Machine, Inc. and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense, including reasonable legal fees, brought by anyone and arising out of or relating to:

• your use of the Service or of any information obtained from it;
• any decision you made, or action you took or did not take, in connection with that information;
• any communication, outreach, or transaction you undertook with a person or property identified through the Service, including a claim brought by that person;
• your violation of these Terms, of any law, or of any professional or licensing obligation that applies to you; and
• content you submit.

We will tell you about the claim, and you may control its defense with counsel we reasonably approve. You may not settle in a way that admits our fault or binds us without our written consent, and we may join in our own defense at our expense.

12. Suspension and termination

You may stop using the Service at any time.

We may suspend, restrict, or terminate your access at any time, at our sole discretion, with or without notice and with or without cause. In particular, we may act immediately if we reasonably believe your use is abusive, excessive, disruptive, unlawful, or otherwise harmful to the Service, to us, to other users, or to any person named in a record. This includes conduct we did not specifically anticipate or list in these Terms. Examples include scraping or other prohibited automated access, placing an excessive load on the Service, circumventing rate limits or access controls, using the Service for an FCRA-covered purpose, and any activity that degrades the Service for others.

We may take these steps based on our own reasonable judgment and are not required to establish a specific breach or give you an opportunity to cure first. Suspension or termination for such conduct does not entitle you to any refund or credit, and we are not liable to you or to any third party for it. On termination, your right to use the Service ends immediately, the licenses granted to you under these Terms end, and sections that by their nature should survive will survive, including sections 4, 6, 7, 8, 9, 10, 11, and 13.

13. Governing law and disputes

Please read this section carefully. It affects how disputes between us are resolved, it requires most of them to go to individual arbitration rather than to a court, and it gives up the right to a jury and to participate in a class action. You can opt out of the arbitration and class-action terms within 30 days, and the rest of this section still applies if you do.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules and without regard to the UN Convention on Contracts for the International Sale of Goods.

Talk to us first

Most problems are faster to fix than to litigate. Before starting an arbitration or a court case, send a written description of the dispute and the relief you want to [email protected], and give us 60 days to resolve it. We will do the same before bringing a claim against you. This step is a condition of starting a proceeding, and the deadline in "Time limit" below pauses while it runs.

Binding individual arbitration

Except for the claims carved out below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration, administered by the American Arbitration Association under its rules then in effect, before a single arbitrator. The arbitrator decides all issues except that a court decides whether the class-action waiver below is enforceable.

The seat of the arbitration is Delaware, and the Federal Arbitration Act governs the agreement to arbitrate. You do not have to travel. The arbitration may proceed on documents alone, by telephone, or by video at your election, and you may request an in-person hearing in the federal judicial district where you live instead of in Delaware. Judgment on the award may be entered in any court with jurisdiction.

What is not arbitrated

• Small claims. Either of us may bring an individual claim in small claims court, if it qualifies there, instead of arbitrating.
• Injunctive relief. Either of us may ask a court for an injunction or other equitable relief to stop the unauthorized use, infringement, or misuse of intellectual property, credentials, or the Service, without first arbitrating and without posting a bond.

For anything a court hears under this section, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware, and each of us waives any objection to venue there.

No class actions, and no jury

Claims may be brought only in your individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may award relief only to the individual party seeking it and only to the extent needed by that party's own claim. Claims of two or more people may not be joined or consolidated without the written consent of everyone involved.

To the extent any dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

If the class-action waiver in this section is held unenforceable as to any claim, then the agreement to arbitrate does not apply to that claim, and that claim proceeds in court under the venue terms above. Nothing in this section permits a class, collective, or representative arbitration.

Opting out

You may reject the arbitration and class-action terms in this section. Email [email protected] within 30 days of first accepting these Terms, with the subject "Arbitration opt-out" and your account email. Opting out costs you nothing, we will not treat you differently for it, and it changes nothing else in these Terms. If you do not opt out within 30 days, these terms apply.

If we later change this section, you may reject the change on the same 30-day terms from the date the change takes effect. Rejecting a change leaves the previous version of this section in force between us.

Time limit

Any claim relating to the Service must be brought within one year after it arises, to the extent permitted by law. This shortens the period that would otherwise apply, and a claim not brought within that year is permanently barred.

Severability of this section

If any part of this section other than the class-action waiver is held unenforceable, that part is severed and the rest of the section stays in force. The class-action waiver is governed by the blow-up provision above instead.

14. General

• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control, including outages at a public source or an infrastructure provider.
• Export and sanctions. You represent that you are not located in, and will not use the Service on behalf of anyone located in, a country or region subject to comprehensive sanctions, and that you are not on any restricted-party list.
• Notices. We may send notices to the email address on your account. Notices to us go to the address in section 16.
• No waiver. If we do not enforce a provision, that is not a waiver of it.
• Severability. If a provision is unenforceable, the rest stays in force and the provision is limited to the minimum extent necessary. Section 13 has its own severability rule, which governs that section instead of this one.
• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.

15. Changes

We may update these Terms. If we make material changes, we will take reasonable steps to let you know, and we will update the date at the top. Your continued use after changes take effect means you accept the updated Terms.

16. Contact

Questions about these Terms: [email protected].