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These Terms of Use (“Terms” or “Agreement”) apply when you use our site (www.BreakGround.ai or www.ordinalforgov.com) (each of which is referred to herein as our “Site”) or the services of Break GroundTechnologies, LLC (“BreakGround”), an Arkansas limited liability company, or our affiliates, including our programming interface, software, data, documentation, and websites (“Services”). Please read Section 16 below entitled “Governing Law; Arbitration; Waiver of Jury Trial; Class Action Waiver”. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. It affects your rights about how to resolve any dispute with us.
Each person using the Site or Services will be referred to herein as a “User”. Your use of the Site or Services may also be subject to the terms of a separate software license agreement depending on the level of the Service you desire and such use will be pursuant to theBreakGround Software as a Service Agreement with us. In the event of a conflict between these Terms of Use and your Software Services Terms of Use, the Software Services Terms of Use will govern.
Any information provided through the Site or use of the Services does not constitute professional advice, including, but not limited to legal advice. By accessing our Site and any pages thereof or clicking “Agree”, you agree to be bound by our Terms of Use and Privacy Policy, you acknowledge and agree to the following:
1. Description of Service.
Ordinal is a large language model designed to provide general zoning information regarding your municipality’s (“City”) zoning codes. It is not intended to provide exhaustive, definitive, or legally binding answers. Users should not rely solely on answers from this model and should consult with appropriate legal professionals and City officials before taking any action.
2. Registration and Access.
You must provide accurate and complete information to register for an account. You may not share your account to others outside your organization, and you are responsible for all activities that occur using your account.
3. Use Of Links.
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under BreakGround's control, and you acknowledge that BreakGround is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by BreakGround or any association with its operators. You further acknowledge and agree that BreakGround shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource. You should also be aware that the terms and conditions and privacy policy of such sites may be different from those applicable to your use of the Site and Services.
4. Third Party Content.
Certain portions of the Site may contain third party content such as federal, state and municipal codes and outputs from third party artificial intelligence large language models and may provide links to web pages and content of third parties (collectively “Third Party Content”). BreakGround does not control, endorse, verify, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that BreakGround is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users utilize such Third Party Content at their own risk.
5. Restrictions On Data Use, Collection & Termination.
Without BreakGround's prior consent, you may not:
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). BreakGround may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In the event we terminate your access and you have a paid subscription to use the Services, BreakGround will refund the unused portion of your subscription fees.
We may also terminate, disable or throttle your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.
You agree that you will not share the API, keys, API data or any other site data with any third party, or store or download the data other information more than is necessary to use the Services to perform analysis, or to use the API to compete with us or replicate the API or data or to download the API data in bulk. You will not use the Site or Services in any way to conduct competitive due diligence, reverse engineer, compete directly or indirectly with BreakGround or for any other competing and/or unintended use. You agree that you will not use the Services on behalf of another person for purposes of conducting competitive due diligence or any other type of screening or analysis of BreakGround, the Site or Services. You may not inspect our source code or any other code (e.g., by bypassing standard browser views, or by inspecting the javascript code or server endpoints directly). The Site and Services are intended as an application for City employees and their registered users seeking to utilize the Site and Services solely for their business purposes. You may not download and/or store any data for use at a later time other than with respect to our claim my land feature, and hereby agree to delete all data in your possession if your account is terminated. You acknowledge and agree that you have no rights to access or use any source code or design documentation relating to the Services or our Site.
6. Payment.
You will provide complete and accurate billing information including a valid and authorized payment method. You will pay fees based on the prices and terms on the pricing page or as communicated via written communication. Your authorized payment method will be charged on a monthly basis. You authorize BreakGround, its affiliates, and its third-party payment processor to charge your authorized payment method for fees. In the event your payment is declined, we will provide written notice and may suspend access to the Services until payment is received. We may change our prices by posting notice to your account, effective seven (7) days after posting. The payment fees do not include federal, state, local or foreign taxes, duties or assessments. You are responsible for all taxes associated with your purchase.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability.
a) Indemnity.
You will defend, indemnify, and hold harmless BreakGround, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
b) Disclaimer.
THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
CERTAIN OF THE SERVICES CONTAIN DATA AND OUTPUT THAT IS SOURCED OR PROVIDED BY THIRD PARTIES AND PUBLIC RECORDS. UNLESS OTHERWISE AGREED TO BY BREAKGROUND IN WRITING TO YOU THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT MAKE ANY GUARANTEES THAT OUR SERVICES WILL ALWAYS BE AVAILABLE OR UNINTERRUPTED. WE MAY CHANGE THE CONTENT OR ANY ASPECT OF OUR SERVICE WITHOUT ADVANCE NOTICE TO YOU. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEM WITH THE SERVICES IS TO CEASE USING THEM.
c) Exclusions. Please note that certain jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations set forth above may not apply to you.
Electronic Communication Privacy Act Notice (18 U.S.C. §§2701 - 2711): BreakGround makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. BreakGround will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Break Ground's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
d) Limitations of Liability.
NEITHER BREAKGROUND NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.
8. Privacy Policy.
We will collect information directly from you upon the creation of your account or any subsequent communication with us. We may also use tracking technologies like cookies to collect data about your usage and device (“User Data”). Such User Data will be used to provide and maintain our Services, notify you about changes to our Services, and for marketing and promotional purposes, where applicable. We retain User Data only for as long as necessary for the purposes set out in these Terms, unless otherwise required by law. We use commercially reasonable security measures to protect User Data against unauthorized access, alteration, disclosure, or destruction. We may share aggregated demographic information not linked to any personal identification with our business partners, affiliates, and advertisers. Our Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. We have no control over and assume no responsibility for the content or privacy practices of any third-party sites or services. For more information, please review our Privacy Policy.
9. Termination.
We reserve the right to terminate or suspend access to our Site or Services without prior notice for conduct violating these Terms. We further reserve the right to terminate these Terms for any reason by providing at least thirty (30) days’ advance notice. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and canceling your account.
10. Use of Brand.
You may not use Break Ground’s names, logos, or trademarks without Break Ground’s prior written consent.
11. Copyright Policy
This Policy is intended to implement the procedure contained in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DCMA”) for the reporting of alleged copyright infringement. If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify BreakGround as soon as possible by contacting us here with the following information in accordance with Section 512(c) of the DCMA: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, BreakGround will also terminate a User’s account if the User is determined to be a repeat infringer.
12. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to BreakGround are non-confidential and shall become the sole property of BreakGround. You hereby grant to BreakGround a fully paid, royalty free, perpetual, irrevocable, non-exclusive license, with the right to sublicense, to use, modify, create derivative works of, publicly display, reproduce and distribute your Submission. BreakGround shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby represent and warrant that any Submission you make to us does not infringe upon or contain the intellectual property of any third parties.
13. Artificial Intelligence
Our Services incorporate output from artificial intelligence large language models to enable certain features (“AI”). Outputs generated by AI are referred to as “AI Outputs”. These AI-driven features and AI Outputs may not be error-free and may contain outdated information. AI Outputs are provided AS-IS without any warranties or guarantees of any kind, including as to accuracy, quality, security, legality and reliability of any AI Outputs. You should conduct your own assessments before making critical business decisions based on AI Outputs. Client acknowledges that AI Outputs may contain errors and misstatements and may be incomplete or inaccurate. AI integrations may collect and/or share certain data about you and/or your use of the Site. You should not submit any sensitive information. By using our Services, you agree to the Privacy Policy and Terms of Use for OpenAI and other large language model providers we may use in the provision of our Services from time to time (each, an “AI Provider”). BreakGround will not be held liable for an AI Provider’s use and/or sharing of any information that you share with the AI Provider. Visit our Privacy Policy for more information about how BreakGround collects, manages, shares and deletes your data.
14. Consent To Electronic Transactions And Disclosures
Because BreakGround's business is conducted via the Internet, we need for you to consent to transact business with us online and electronically. We also need you to consent to BreakGround sending you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to this Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service and your use of the Services (each, a "Disclosure"), whether we are acting in the capacity as broker, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to you electronically from BreakGround either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at our cost. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and BreakGround. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
15. Modifications.
BreakGround reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, tools, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. BreakGround reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Services at any time. Such modifications shall become part of this Agreement and are automatically effective once posted on the Site or by sending you an email. This Agreement may not be orally amended. BreakGround may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the terms of this Agreement periodically for changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.
16. Governing Law; Arbitration; Waiver of Jury Trial; Class Action Waiver
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to any principles of conflicts of law.
While we hope never to have a dispute with a User, if we do, User and BreakGroundeach agree to try for sixty (60) days to resolve it informally. If we collectively fail to resolve such dispute (and unless otherwise agreed in writing by User and BreakGround), any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator, then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. If for any reason a claim proceeds in court rather than in arbitration, USER AND BREAK GROUND EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.
Where permitted under applicable law, User and BreakGround each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless User and BreakGround both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. THIS MEANS THAT YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION SUITS AGAINST THE COMPANY.
17. Governing Law.
Any disputes arising from these Terms shall be governed by the laws of the State of Arkansas without regard to the conflict of laws provisions contained therein.
18. Contact Information.
For any queries regarding these terms, contact Support.
19. Waiver and Severability.
Failure or delay of BreakGround, at any time, to enforce any of the provisions of these Terms, shall not in any manner be construed to be a waiver of BreakGround’s rights to enforce the Terms. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
20. Entire Agreement.
These Terms represent the full agreement concerning the use and access of our Services, superseding any and all prior agreements.
21. Other Agreements
In the event you enter into another agreement with BreakGround that contains terms and conditions different from, or in addition to, these Terms, the terms of the other agreement(s) shall control your use of the Services.
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