Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the ShedWatch platform, including our website, mobile application, and related services (collectively, the "Service"), operated by ShedWatch, LLC ("ShedWatch," "we," "us," or "our").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for use by business owners and operators in New York City.
3. Account Registration
3.1 Account Creation
To use the Service, you must create an account by providing accurate, current, and complete information. You may register using an email address and password, or through a supported third-party login provider.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@shedwatch.app if you become aware of any unauthorized use of your account.
3.3 One Account Per User
Each user may maintain one account. We reserve the right to suspend or terminate duplicate accounts.
4. Description of Service
ShedWatch is a construction impact tracking platform that:
- Monitors publicly available construction permit data from the NYC Department of Buildings (DOB) and NYC Department of Transportation (DOT).
- Matches active and upcoming construction permits to your registered business locations based on geographic proximity.
- Delivers alerts when relevant permits are detected near your business.
- Provides permit details, historical data, and (on eligible plans) additional tools and data.
5. Subscription Plans and Pricing
5.1 Available Plans
The Service is offered through multiple subscription tiers, including a free plan with limited features and paid plans with additional capabilities. Current plan details and pricing are available on our website. We reserve the right to modify plan offerings, features, and pricing in accordance with Section 5.4.
5.2 Billing
Paid subscriptions are billed monthly through our payment processor. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring monthly basis until you cancel.
5.3 Plan Changes
You may upgrade or downgrade your plan at any time through your account settings. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle.
5.4 Price Changes
We may change our pricing with at least 30 days' advance notice. Price changes will take effect at the start of your next billing cycle after the notice period. Your continued use of the Service after a price change constitutes acceptance of the new pricing.
6. Free Trial
We may offer a free trial of paid features at our discretion. At the end of the trial period, you will be automatically enrolled in the Free plan unless you subscribe to a paid plan. We will not charge you without your affirmative consent.
7. Cancellation and Refunds
7.1 Cancellation
You may cancel your paid subscription at any time through your account settings. Cancellation takes effect at the end of the current billing cycle. You will retain access to paid features until the end of the period you have already paid for.
7.2 Refunds
Subscription fees are generally non-refundable. However, if you experience a material service outage (defined as the Service being unavailable for more than 72 continuous hours), you may request a prorated credit for the affected period by contacting support@shedwatch.app within 14 days of the outage.
7.3 Account Deletion
You may request deletion of your account and all associated data by contacting support@shedwatch.app. Account deletion is permanent and cannot be reversed. We will process deletion requests within 30 days, subject to any legal retention requirements.
8. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
- Attempt to gain unauthorized access to the Service, other user accounts, or our systems and networks.
- Interfere with or disrupt the integrity or performance of the Service.
- Scrape, crawl, or use automated means to access the Service or extract data, except through our official API (if provided).
- Resell, redistribute, or sublicense access to the Service or its data without our prior written consent.
- Use the Service to harass, threaten, or harm any person or entity.
- Transmit viruses, malware, or other harmful code through the Service.
- Misrepresent your identity or affiliation with any person or entity.
- Use the Service in a manner that could damage, disable, or impair the Service.
We reserve the right to suspend or terminate your account for any violation of these Terms.
9. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to sublicense, resell, or distribute the Service or any portion thereof.
10. Intellectual Property
10.1 Our Intellectual Property
The Service, including its design, features, code, documentation, trademarks, and logos, is owned by ShedWatch, LLC and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.
10.2 Public Data
Construction permit data displayed through the Service is sourced from publicly available NYC Open Data datasets. This public data is not owned by ShedWatch. Our value-add — the matching, alerting, analysis, and presentation of this data — is proprietary.
10.3 Your Content
You retain ownership of any content you submit to the Service (e.g., business information, notes). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely to provide and improve the Service.
11. Data Accuracy and Disclaimers
11.1 No Guarantee of Accuracy
The Service relies on publicly available data from NYC agencies (DOB and DOT). While we make reasonable efforts to ensure data is current and accurate:
- We do not guarantee the accuracy, completeness, or timeliness of permit data. NYC agency data may contain errors, omissions, or delays.
- Permit data may not reflect real-time conditions. There may be a lag between when a permit is filed, approved, or updated and when it appears in our system.
- We are not responsible for actions taken or not taken based on information provided by the Service.
11.2 Not Legal or Professional Advice
The Service provides informational alerts about construction activity. It does not constitute legal, professional, or regulatory advice. You should consult qualified professionals regarding any legal, zoning, or regulatory matters affecting your business.
11.3 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHEDWATCH, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless ShedWatch, LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any third-party rights.
- Any content you submit to the Service.
14. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.
15. Modifications to the Service
We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
16. Modifications to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and, where appropriate, by email. Your continued use of the Service after the updated Terms take effect constitutes acceptance of the changes.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
17.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in New York County, New York.
17.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
17.4 Arbitration Opt-Out
You may opt out of the arbitration and class action waiver provisions (Sections 17.2 and 17.3) by sending written notice to support@shedwatch.app within 30 days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out. If you opt out, all disputes will be resolved in the courts of New York County, New York. Opting out will not affect any other provisions of these Terms.
17.5 Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
18. Termination
18.1 Termination by You
You may terminate your account at any time by canceling your subscription and requesting account deletion.
18.2 Termination by Us
We may suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, or extended periods of inactivity.
18.3 Effect of Termination
Upon termination, your right to use the Service immediately ceases. We may delete your data in accordance with our Privacy Policy. Sections that by their nature should survive termination (including Sections 10, 11, 12, 13, and 17) will survive.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ShedWatch regarding the Service and supersede all prior agreements.
19.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
19.3 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
19.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
19.5 Force Majeure
We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service and data provider failures.
20. Contact Us
If you have questions about these Terms, contact us at:
ShedWatch, LLC
Email: support@shedwatch.app