Terms and Conditions

Effective Date: September 27, 2025

1. ACCEPTANCE OF TERMS

By accessing, browsing, or utilizing any services provided by 123 CR SERVICES LLC, a limited liability company organized and existing under the laws of the State of Delaware ("Company," "Licensor," "we," "us," or "our"), operating under the trade name and commercial designation "DOB Guard" and including but not limited to our website, mobile applications, notification services, and related digital platforms (collectively, the "Services"), you ("User," "Licensee," "you," or "your") expressly acknowledge, represent, warrant, and agree to be irrevocably and unconditionally bound by these Terms and Conditions ("Agreement," "Terms") and all applicable laws, regulations, and legal precedents in their entirety without reservation or qualification.

2. SERVICE DESCRIPTION AND LIMITATIONS

123 CR SERVICES LLC, d/b/a DOB Guard, provides automated notification and informational services regarding New York City Department of Buildings ("DOB") violations, complaints, and related municipal activities through proprietary technological solutions. THE COMPANY EXPRESSLY, UNEQUIVOCALLY, AND CATEGORICALLY DISCLAIMS ANY AFFILIATION, ENDORSEMENT, PARTNERSHIP, JOINT VENTURE, AGENCY RELATIONSHIP, OR OFFICIAL GOVERNMENTAL RELATIONSHIP WITH THE NEW YORK CITY DEPARTMENT OF BUILDINGS, THE CITY OF NEW YORK, OR ANY MUNICIPAL, STATE, FEDERAL, OR OTHER GOVERNMENTAL AGENCY, ENTITY, OR INSTRUMENTALITY WHATSOEVER.

Our Services constitute informational tools and notification mechanisms only and are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis without warranties, representations, or guarantees of any kind, whether express, implied, statutory, or arising by operation of law, course of dealing, or usage of trade.

A2P/10DLC Account Notification Program

We operate a non‑marketing "Account Notifications" messaging program for service alerts via text message/MMS, email, and automated voice. Support: +1‑347‑929‑0518. Alerts: +1‑347‑929‑0665. By subscribing, you confirm your opt‑in on our website and via text message. Reply STOP to opt out; HELP for help. Message and data rates may apply; frequency varies by activity and settings.

Third‑Party Data Sources; No Accuracy or Timeliness Guarantee

We rely on third‑party sources (including NYC Open Data, DOB, HPD, FDNY, OATH/ECB, and 311). We do not control those sources and do not warrant the accuracy, completeness, or timeliness of any data or alert derived therefrom. Alerts are informational only and are not legal advice. You remain solely responsible for regulatory compliance and decisions.

3. MESSAGING & DELIVERY DISCLAIMER

Message delivery is not guaranteed and may be delayed, blocked, misrouted, duplicated, incomplete, or fail due to, without limitation, carrier filtering, network congestion, device settings, power/connectivity loss, provider outages, or technical failures outside our control. Participating carriers and DOBGuard are not liable for delayed or undelivered messages.

3A. TEXT MESSAGE ALERTS

By opting in, you authorize DOBGuard to send informational text messages about violations, complaints, and related updates for your monitored properties. Message frequency varies. Standard message and data rates may apply. You may opt out at any time by replying STOP. For assistance, reply HELP or email support@dobguard.com. Text alerts are not a condition of purchase.

4. COMPREHENSIVE DISCLAIMER OF LIABILITY AND EXCULPATORY PROVISIONS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND LEGAL PRECEDENT, THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") SHALL NOT BE LIABLE, RESPONSIBLE, OR ACCOUNTABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

• Diminution of profits, revenue, business opportunities, or economic advantage
• Tangible or intangible property damage, personal injury, or bodily harm
• Non-receipt, delayed receipt, or erroneous receipt of notifications or alerts
• Inaccurate, delayed, incomplete, or misleading information or data
• Decisions, actions, or omissions made in reliance upon our Services
• Outcomes, consequences, or ramifications of any DOB proceedings, violations, enforcement actions, or administrative determinations
• Stop work orders, monetary fines, penalties, assessments, or regulatory compliance issues
• Business interruption, loss of use, or operational disruption
• Reputational harm or damage to goodwill

4. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

THE COMPANY EXPRESSLY DISCLAIMS AND NEGATES ALL WARRANTIES, REPRESENTATIONS, AND ASSURANCES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• The accuracy, completeness, timeliness, or reliability of any information, data, or content provided
• The availability, accessibility, or uninterrupted operation of our Services
• The prevention, mitigation, or resolution of violations or regulatory issues
• Compliance with any applicable laws, regulations, ordinances, or legal requirements
• Merchantability, fitness for a particular purpose, or non-infringement
• That the Services will meet your requirements or expectations

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF OUR SERVICES IS UNDERTAKEN ENTIRELY AT YOUR SOLE RISK, PERIL, AND DISCRETION, AND THAT YOU ASSUME ALL RISKS ASSOCIATED THEREWITH.

5. TERMINATION; SUSPENSION; INDEMNIFICATION

Termination & Suspension. We may suspend or terminate your access to alerts or the Services at any time, with or without notice, for any reason or no reason, including legal/compliance risk, misuse, or technical necessity, without liability. You may unsubscribe at any time by replying STOP to text messages or by updating preferences in your dashboard; you may cancel your account per dashboard instructions or by contacting support.

You hereby agree to defend, indemnify, protect, and hold harmless the Company and all Released Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, expenses, and fees (including without limitation reasonable attorneys' fees, court costs, and litigation expenses) arising from, relating to, or in connection with: (i) your use, misuse, or inability to use our Services; (ii) your violation of any provision of this Agreement; (iii) your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights; (iv) any claim that your use of our Services caused damage, harm, or injury to any third party; (v) your negligent acts, willful misconduct, or violations of law; or (vi) any breach of your representations, warranties, or covenants contained herein.

6. LIMITATION AND CAP ON LIABILITY

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY'S TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER AMOUNT IS GREATER.

7. NEWSLETTER AND COMMUNICATIONS CONSENT

By executing this Agreement through your assent to these Terms and Conditions, you hereby expressly and irrevocably consent, authorize, and agree to receive:

• Electronic mail communications containing violation alerts, policy updates, regulatory changes, and market intelligence
• Service-related communications, notifications, and administrative correspondence
• Marketing materials, promotional content, and commercial communications related to our Services
• Educational content, industry insights, and informational materials regarding NYC building regulations and regulatory compliance

Notwithstanding the foregoing, you may withdraw your consent for marketing communications at any time by following the unsubscribe instructions contained in our electronic communications. However, you acknowledge and agree that you shall continue to receive transactional and service-related communications for the duration of your relationship with the Company.

8. DATA COLLECTION AND THIRD-PARTY INTEGRATIONS

Our Services integrate with and utilize various third-party platforms, vendors, and service providers, including but not limited to MailerLite, for communication, marketing, and operational purposes. By utilizing our Services, you acknowledge, understand, and agree that your personal and business information may be processed, transmitted, and stored by these third-party entities in accordance with their respective privacy policies and terms of service, over which the Company exercises no control or supervision.

9. FORCE MAJEURE AND EXCUSABLE DELAYS

The Company shall not be deemed in breach of this Agreement or otherwise liable for any failure, delay, or disruption in performance hereunder due to circumstances beyond the Company's reasonable control, including but not limited to: acts of God, natural disasters, fires, floods, earthquakes, governmental actions, laws, regulations, orders, war, terrorism, civil unrest, labor disputes, internet service provider failures, third-party website modifications, changes to municipal data sources, or any other causes beyond the Company's reasonable anticipation or control ("Force Majeure Events").

10. ARBITRATION; CLASS‑ACTION WAIVER; GOVERNING LAW

Binding Arbitration. Except for claims eligible for small‑claims court and claims seeking injunctive relief, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration under the Federal Arbitration Act and New York law. The arbitration shall be administered by JAMS or AAA in New York, New York, under the applicable consumer/commercial rules. Judgment on the award may be entered in any court of competent jurisdiction.

Class‑Action Waiver. Disputes must be brought only in an individual capacity and not as a class, collective, representative, or mass action. The arbitrator shall not consolidate claims of multiple parties.

Governing Law. New York law (without regard to conflicts‑of‑law rules) governs these Terms, except that the FAA governs arbitrability.

11. SEVERABILITY AND REFORMATION

If any provision, clause, or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, unenforceable, or contrary to applicable law, such provision shall be deemed severed, limited, or eliminated to the minimum extent necessary to render this Agreement enforceable, and the remaining provisions shall continue in full force and effect without impairment or invalidation.

12. INTEGRATION AND ENTIRE AGREEMENT

This Agreement constitutes the complete, final, and exclusive agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to such subject matter.

13. AMENDMENTS AND MODIFICATIONS

The Company reserves the unilateral right to modify, amend, alter, or supplement this Agreement at any time and from time to time in its sole discretion. Material changes shall be communicated to users via electronic mail or prominent notice on our digital platforms. Your continued use of our Services following such modifications constitutes your binding acceptance of the updated terms.

14. CONTACT INFORMATION AND LEGAL NOTICES

For inquiries, concerns, or legal notices regarding these Terms and Conditions, please direct correspondence to:

123 CR SERVICES LLC
d/b/a DOB Guard
Email: support@dobguard.com
Website: www.dobguard.com