Terms of Service — Version 2

Welcome to our SaaS platform (the "Service" or "Platform"). This Platform is owned and operated by Polywei Corp., a Delaware corporation ("Company," "we," "us," or "our").

Please read these Terms of Service ("Terms") carefully before accessing or using our Service. By creating an account, checking an "I Agree" box, or otherwise accessing the Platform, you ("User" or "you") agree to be bound by these Terms, including the Mandatory Class Action Waiver and Arbitration Provision herein, and you provide express consent to our data processing activities as outlined below.

1. Description of Service

The Platform provides a software-as-a-service (SaaS) solution designed to allow users to own their data, use it more effectively, connect sources that were otherwise disjoint, automate processes, gain more insight into relationships between data and more. Enterprise clients can store their data on their own cloud provider or locally. Customers always own their data, can export it, connect other 3rd party providers to transfer their data.

Platform extensions aggregate, match, and analyze public real estate, regulatory, and environmental data to help users develop compliance programs for real estate in New York City and South Florida. This Service compiles data from official municipal and state sources, including but not limited to NYC Open Data, the New York City Department of Buildings (DOB), the Department of Housing Preservation and Development (HPD), the Environmental Control Board (ECB), and the Department of Finance (DOF). The Platform attempts to map these records to municipal parcel/building identifiers (e.g., Borough-Block-Lot or BBL numbers, Building Identification Numbers or BINs, FL folio/parcel) or, when unavailable, via address-matching algorithms. For South Florida, the information includes Miami-Dade Building Violations, Miami-Dade Code Enforcement, RER code cases, Fort Lauderdale code cases, plus permit/certificate feeds (Miami-Dade, City of Miami, Fort Lauderdale, DBPR elevator), all from the county/city open-data portals. Status, dates, fines and descriptions are the agency's values reported on these data feeds. FL statutes/county/municipal codes. The Platform also applies proprietary and agency-derived severity classifications and location inference algorithms for non-premises violations.

2. Data Disclaimer & Limitation of Liabilit

2.1 "As-Is" Data Provision

You explicitly acknowledge and agree that the Platform aggregates data originated, generated, maintained, and updated by third-party government agencies and public databases, such as raw violation data, fines, building identifiers (BBL/BIN, folio/parcel), and agency records. The Company does not generate this underlying data. All statutory obligations, due dates, severity ratings, and compliance statuses are generated via automated rules and inferred data. You must independently verify all results against official government sources.

2.2 Disclaimer of Errors and Missing Information

The Company provides the Service on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, the Company expressly disclaims all warranties, express or implied. The Company does not warrant, guarantee, or make any representations regarding the accuracy, completeness, currency, reliability, or correctness of the data displayed. The Platform makes no warranties regarding the accuracy, completeness, or timeliness of official records. Rules, statutory obligations, and severity tiers (critical/major/minor) are automated estimates derived from public filings. The Platform disclaims any liability for errors, omissions, or misclassifications produced by the rules engine or AI extensions.

You acknowledge that public records may contain:

• Inaccurate, outdated, or misclassified violation codes or severity classes.
• Missing entries, latent data synchronization delays, or omitted files.
• Typographical errors or flawed geographic coordinates.
• Errors caused by our automated parcel-matching or location-inference algorithms.

2.3 No Legal or Regulatory Advice

The comparison of public records against NYC Local Laws, Administrative Codes, rules, or permitting data is automated and intended solely for informational and educational compliance-modeling purposes. The Platform is not a law firm, does not provide legal advice, official compliance, related certifications, or professional real estate consulting. You are solely responsible for independently verifying all data with the appropriate municipal or state agency before making financial, legal, or operational decisions. Users are strongly advised to consult qualified legal, engineering, or property management professionals before taking any action or failing to take action based on information provided by the Platform.

2.4 Total Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, revenues, data, use, goodwill, municipal or property-related fines, missed permitting deadlines, or other intangible losses) arising out of or relating to your reliance on data provided by the Platform, or from the use of or inability to use the Platform, even if advised of the possibility of such damages.

3. User Accounts, Authentication, and Collected Data.

3.1 User Responsibilities

Users are responsible for maintaining the confidentiality of their credentials, passkeys, and encrypted utility-portal login details. Users acknowledge that they have the ability and responsibility to add, remove, or correct building associations if inferred data is inaccurate. Customers building non-public extensions or using AI tools on their synced data (tenants, vendors, bills) bear sole responsibility for the inputs, outputs, and compliance of their custom workflows.

3.2 Account Creation

To access the Platform, you must register for an account using our designated authentication protocols (including Google/Firebase authentication or Passkeys). You agree to provide accurate, current, and complete information.

3.3 Technical Data Elements Captured

At the time of account creation, acceptance of these Terms, and during your subsequent usage of the Platform, the Platform will automatically record, store, and process the following data points:

• Email address and Name
• Avatar URL
• Google / Firebase account ID
• Passkey credentials and Public Keys
• Login timestamps
• IP address
• Browser User Agent string

You acknowledge that this metadata is necessary for the security, authentication, optimization, and auditing of the Platform.

4. Fees, Billing, and Stripe Integration

4.1 Payment Processing:

All payments, subscriptions, and financial transactions are processed securely through our third-party payment processor, Stripe. By signing up for a paid tier of the Service, you authorize Stripe to collect payment on our behalf. You agree to pay all applicable fees as described at the point of purchase. All fees are non-refundable except as expressly stated otherwise or required by applicable law. We reserve the right to change our subscription fees upon reasonable prior notice to you.

5. International Users & Express GDPR Consent

5.1 Geographic Scope of Service

The Platform is specifically optimized for New York City and South Florida real estate professionals and is hosted on servers located within the United States.

5.2 Explicit Consent to Data Processing and Cross-Border Transfer

Because the Platform is accessible via the internet, residents or citizens of the European Union (EU), European Economic Area (EEA), or United Kingdom (UK) subject to the General Data Protection Regulation (GDPR) may interact with the Platform. If you are located in the EU/EEA/UK, you hereby give your explicit, unambiguous, and freely given consent for the Company to:

• Collect, store, and process the personal data listed in Section 3.3 of these Terms for the performance of this contract and the maintenance of the security of the Platform.
• Transfer your personal data to, and store it within, the United States, a jurisdiction that may not offer an equivalent level of data protection as your home jurisdiction.

6. Intellectual Property

The Platform’s software code, user interface, proprietary severity layering methodology, location-inference models, design elements, and logos are the exclusive property of the Company. You are granted a limited, revocable, non-exclusive, non-transferable license to access the Platform solely for your internal business operations in accordance with these Terms. You may not scrape, reverse-engineer, or systematically extract data from the Platform to build a competing database, platform, Service, functionality, analytical tools or to compete with the Company in any manner.

7. Confidentiality

7.1 Confidentiality. "Confidential Information"

means all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") under these Terms, including but not limited to customer data, software code, business strategies, pricing, and technical information, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes generally known to the public without breach of this Agreement; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without reference to or use of the Disclosing Party’s Confidential Information; or (d) is received from a third party without duty of confidentiality.

7.2 Protection and Use.

The Receiving Party will use the same degree of care it uses to protect the confidentiality of its own sensitive information (but not less than reasonable care). It will not use the Disclosing Party’s Confidential Information for any purpose outside the scope of this Agreement and will not disclose it to any third party, except to employees, contractors, and service providers who need to know such information and are bound by confidentiality obligations at least as restrictive as those herein.

7.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information to the extent compelled by applicable law or court order, provided it gives reasonable prior notice to the Disclosing Party (where legally permitted) to allow the Disclosing Party to seek a protective order.

8. Dispute Resolution; Governing Law

8.1 Governing Law, Venue, and Seat.

This Section, the interpretation of its terms, and any arbitration held hereunder shall be governed procedurally and substantively by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.. The seat and legal place of the arbitration shall be New York, New York. The arbitration shall be conducted in the English language before a single neutral arbitrator possessing at least ten (10) years of experience in commercial software licensing and technology disputes. To the extent that any dispute or claim is permitted to be brought in court, or for the purpose of confirming or vacating an arbitral award, the Parties hereby explicitly and irrevocably consent to the exclusive jurisdiction of the Commercial Division of the Supreme Court of the State of New York (New York County) or the United States District Court for the Southern District of New York

8.2. Class Action And Consolidation Waiver.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CORPORATE CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both Parties explicitly agree otherwise in a signed writing, the arbitrator shall not consolidate or join the claims of more than one business entity or licensee, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

8.3 Agreement to Arbitrate.

Except for the explicit exceptions set forth below (Exclusions from Arbitration), the Parties agree that any dispute, controversy, or claim arising out of, relating to, or in connection with this Software Agreement, including its formation, validity, interpretation, performance, breach, or termination (collectively, "Commercial Disputes"), shall be referred to and finally resolved by binding individual arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, except as modified by this Agreement.

8.4 Exclusions from Arbitration (IP and Injunctive Relief).

Notwithstanding the agreement to arbitrate, either Party may institute an action in a state or federal court located in New York County, New York, seeking emergency injunctive relief, specific performance, or other equitable remedies solely to prevent or stop the unauthorized use, misappropriation, or infringement of its Intellectual Property Rights (including but not limited to software source code, trade secrets, patents, copyrights, and trademarks) or a breach of the confidentiality obligations set forth in this Agreement.

8.5 Fees, Costs, and Fee-Shifting.

The Parties shall initially share equally all AAA administrative fees, filing fees, and arbitrator compensation. The prevailing Party in any arbitration or permitted court action arising out of this Agreement shall be entitled to recover from the non-prevailing Party its reasonable attorneys' fees, expert witness fees, and all out-of-pocket arbitration costs and expenses.

8.6. Coordinated Commercial Mass Filings.

If one hundred (100) or more similar arbitration demands are filed against the Software Provider by or with the assistance of the same law firm, coordinated group of firms, or organizational counsel within a 90-day window (a "Commercial Mass Filing"), the Parties agree that the claims shall be administered strictly under the AAA Mass Arbitration Supplementary Procedures. Counsel for both sides shall select four (4) bellwether cases to proceed to individual merits arbitration. All remaining ninety-six (96) or more claims shall be strictly stayed, and no further AAA case management or arbitrator fees shall accrue or be due until the bellwether cases conclude and a mandatory 45-day global mediation period has expired.

8.7 Confidentiality of Proceedings.

The Parties agree that the entire arbitration process—including but not limited to the existence of the dispute, all discovery materials, deposition transcripts, briefs, and the final arbitral award—shall remain strictly confidential and shall not be disclosed to any third party, except as required by law or to confirm and enforce an award in a court of competent jurisdiction.

9. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide reasonable advance notice of the effectiveness of any new terms by posting a notice on our Platform. What constitutes a material change will be determined at our sole discretion.

10. Contact Information

If you have any questions about these Terms, please contact us at: Email: [email protected] Address: PO Box xxx, Red Hook, NY 12571