Terms and Conditions

Effective Date: November 15, 2026

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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.

1A. DEFINITIONS

For purposes of these Terms & Conditions, the following definitions apply:

• (a) "Monitoring & Alerting Services" means DOBGuard's software-based monitoring, data aggregation, dashboard display, and email/text message/voice notifications regarding NYC property compliance data, violations, permits, complaints, or related public records. Monitoring & Alerting Services are informational and notification-based only.
• (b) "Compliance Services" means the collective term for (i) Compliance Advisory Services and (ii) Compliance Filing & Execution Services, as defined below.
• (c) "Compliance Advisory Services" means DOBGuard's review of public record compliance data and provision of written, non-legal recommendations, checklists, and suggested corrective next steps based on such data. Compliance Advisory Services are consulting/advisory in nature and do not constitute legal advice.
• (d) "Compliance Filing & Execution Services" means professional services where DOBGuard, a designated Filing Representative, and/or a Licensed Professional prepares and submits documents, forms, applications, or related materials to the NYC Department of Buildings ("DOB") and/or other NYC or New York State agencies on behalf of a Client pursuant to the Client's authorization, subject to agency rules and acceptance.
• (e) "Filing Representative" means a Class 1 Filing Representative registered with the NYC Department of Buildings, authorized to submit filings where permitted under applicable NYC rules and regulations.
• (f) "DOB NOW" means the NYC Department of Buildings online portal and related systems used for permit, inspection, and violation-related submissions and filings.
• (g) "Licensed Professional" means a New York State-licensed professional (including, without limitation, a Professional Engineer (PE), Registered Architect (RA), or other state-licensed professional) required by NYC regulations for specific filings, certifications, drawings, or sign-offs.
• (h) "Service Order Form" means any written statement of work, quote, proposal, service addendum, dashboard acceptance, or other written/electronic confirmation that describes the Compliance Services requested by Client, the scope, and the fees.

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. All messages originate from (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.

Public Lookup Limits and Anti-Abuse

Any free public lookup tools provided on the DOBGuard website are offered as a courtesy and are subject to strict rate limits (e.g., maximum lookups per 24-hour period). Attempting to bypass these limits via VPNs, proxies, automated scraping, or other technical workarounds is strictly prohibited and may result in a permanent ban from our Services.

2A. SERVICE TIERS AND SCOPE

DOBGuard may offer one or more of the following service tiers. Unless expressly stated in a Service Order Form, Client is purchasing Monitoring & Alerting Services only.

2A(i) Monitoring & Alerting Services (Software / Notifications Only)

Monitoring & Alerting Services are provided as informational tools and notification mechanisms. DOBGuard does not provide legal advice, engineering services, architectural services, or agency representation under this tier. DOBGuard does not guarantee the completeness, timeliness, accuracy, or delivery of alerts, and does not guarantee any regulatory outcome, violation status change, or resolution. Monitoring & Alerting Services do not include document filing, correction submissions, hearing representation, or compliance execution.

2A(ii) Compliance Advisory Services (Consulting / Recommendations)

If Client purchases Compliance Advisory Services via a Service Order Form, DOBGuard may review violation and compliance-related data and provide written recommendations, checklists, and suggested corrective next steps. Compliance Advisory Services are for informational and consulting purposes only and do not constitute legal advice. Client retains full decision-making authority and is solely responsible for implementing any corrective actions. Unless otherwise required by law, DOBGuard's liability for Compliance Advisory Services is subject to the limitation of liability provisions in these Terms.

2A(iii) Compliance Filing & Execution Services (Filing / Submissions on Client's Behalf)

If Client purchases Compliance Filing & Execution Services via a Service Order Form:

• (a) Who Performs Filings. Filings will be performed by DOBGuard, its designated Filing Representative, and/or a Licensed Professional as required by NYC regulations and the specific filing type. Certain filings may require a Licensed Professional's sign-off, certification, drawings, or other professional documentation; DOBGuard does not and will not provide such sign-offs unless performed by a properly Licensed Professional.
• (b) Client Authorization and Access. Client must provide DOBGuard with all necessary authorizations, consents, and documentation required to perform the requested filing(s), which may include (without limitation) written authorization letters, owner statements, relevant property documents, and/or access credentials or delegated access to DOB NOW or other agency portals. Client represents and warrants that it has the legal right to grant such authorizations and provide such documents.
• (c) Separate Fees. Fees for Compliance Filing & Execution Services are separate from and in addition to any Monitoring & Alerting subscription fees. All pricing and scope will be set forth in the applicable Service Order Form or dashboard quote accepted by Client.
• (d) No Outcome Guarantee. DOBGuard makes no guarantee that any filing will be accepted, approved, processed by a specific date, result in a violation dismissal, prevent penalties, or achieve any particular regulatory outcome. All outcomes are subject to agency discretion, inspection results, and applicable laws and rules.
• (e) Filing-Specific Liability Cap. To the maximum extent permitted by law, DOBGuard's total liability arising from or relating to Compliance Filing & Execution Services for a specific filing engagement is limited to the fees paid by Client for that specific filing engagement, and in no event shall exceed one thousand dollars (US $1,000) per incident.
• (f) Client Indemnification for Client-Provided Information. Client agrees to indemnify, defend, and hold harmless DOBGuard, its affiliates, officers, directors, employees, agents, Filing Representatives, and Licensed Professionals from and against any claims, damages, penalties, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) inaccurate, incomplete, misleading, or unauthorized information, documents, authorizations, or access provided by Client; (ii) Client's failure to timely provide required information or approvals; or (iii) Client's violation of applicable laws or agency rules.
• (g) Cooperation. Client agrees to cooperate promptly and reasonably with DOBGuard, including providing requested information, signatures, approvals, and responses needed to perform the requested Compliance Filing & Execution Services.

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 visit dobguard.com/#contact. Text alerts are not a condition of purchase.

3B. BILLING, PAYMENTS, AND AUTHORIZED CHARGES

By subscribing to any paid plan or initiating a payment transaction through DOBGuard, you expressly authorize DOBGuard to charge your designated payment method in accordance with the plan pricing you selected and the billing frequency you chose (monthly or annual). The following terms govern all payments made to DOBGuard:

• Charges are final once the billing period commences. Subscription fees are earned and non-refundable at the start of each billing period. Once a billing period has begun, the corresponding charge is final regardless of whether you use the Services during that period.
• Cancellation stops future charges only. You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the then-current billing period. Canceling does not entitle you to a refund, credit, or proration for any portion of the current billing period already charged.
• No prorated refunds. DOBGuard does not issue prorated refunds for partial billing periods, unused service days, or unused features within any paid plan.
• Recurring billing authorization. By subscribing, you authorize DOBGuard and its payment processor (Stripe) to automatically charge your payment method on the same date each billing cycle until you cancel. You are responsible for ensuring your payment method remains valid.
• Property Slots and Fair Use Policy. Property slots allocated to your subscription plan (e.g., 1 property for the Starter plan) are permanent assignments. You may not delete, rotate, or continuously alter property addresses to monitor additional properties and bypass plan limits. There is no public free trial. Attempting to swap addresses to bypass plan limits, or utilizing public lookup tools excessively, constitutes abuse and a material breach of these Terms. Such actions immediately forfeit your right to any refund and expressly waive your right to initiate a payment dispute or chargeback.
• Disputed charges and chargebacks. Initiating a chargeback, payment dispute, or reversal with your card issuer or bank for a charge that was properly authorized under these Terms constitutes a material breach of this Agreement. DOBGuard reserves the right to suspend or terminate your account and pursue recovery of the disputed amount, associated dispute fees, and any related costs.
• Plan changes. If you upgrade or downgrade your plan, charges for the new plan take effect at the next billing cycle or immediately as described at the time of the change. Any pricing difference may be prorated at DOBGuard's discretion as stated at checkout.

By checking the billing authorization checkbox at the time of purchase and/or by completing a payment transaction, you acknowledge that you have read, understood, and agree to these billing terms.

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.

For avoidance of doubt, this Section 10 applies to any dispute, claim, or controversy arising out of or relating to Monitoring & Alerting Services, Compliance Advisory Services, and/or Compliance Filing & Execution Services.

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
Contact: https://dobguard.com/#contact
Website: www.dobguard.com