1. Nature of Services; No Professional Advice
1.1 Customer acknowledges that CodeComply is an artificial intelligence supported software tool designed to assist qualified personnel in reviewing construction plans and identifying potential code compliance issues (the “Service(s)”). The Services do not provide, and is not a substitute for, professional engineering, architectural, legal, or code official services.
1.2 The compliance assessments, readiness reports, and other outputs generated by the Services ("Service Outputs") are informational only and do not constitute: (a) a determination that any plan complies with applicable building codes, fire codes, accessibility standards, or other regulatory requirements; (b) professional engineering or architectural certification; (c) legal advice regarding compliance with the Americans with Disabilities Act, Fair Housing Act, or any other federal, state, or local law; or (d) approval for construction, occupancy, or any permit issuance.
1.3 Customer shall not represent to any third party, including permit applicants, developers, architects, or contractors, that the Service Outputs constitute official code compliance determinations or replace professional plan review.
2. Human Oversight Requirement
2.1 Customer agrees that all Services Outputs shall be reviewed, verified, and approved by qualified personnel before any action is taken in reliance thereon. Customer shall maintain human oversight of all plan review processes and shall not use the Services as the sole basis for any compliance determination, permit approval, permit denial, or other official action.
2.2 Customer is solely responsible for: (a) determining the qualifications of personnel who review the Service Outputs; (b) establishing internal procedures for verification of Service Outputs; and (c) all final compliance determinations made using or in connection with the Services.
3. Life-Safety Disclaimer
3.1 The Services includes features that assess building plans against life-safety standards, including but not limited to egress capacity, occupant load calculations, travel distance, and fire protection requirements. Customer acknowledges that: (a) life-safety compliance involves professional judgment that cannot be fully automated; (b) Service Outputs related to life-safety standards are preliminary assessments only; and (c) errors or omissions in Service Outputs could, if undetected by Customer's verification processes, result in building designs that do not meet applicable life-safety requirements.
3.2 CIVICPLUS EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SERVICE OUTPUTS WILL DETECT ALL LIFE-SAFETY COMPLIANCE ISSUES OR THAT RELIANCE ON THE SERVICE OUTPUTS WILL RESULT IN BUILDINGS THAT ARE SAFE FOR OCCUPANCY. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF THE SERVICES FOR LIFE-SAFETY RELATED ASSESSMENTS.
4. Code Currency and Jurisdictional Variations
4.1 The Services assesses plans against model building codes (including IBC, IRC, IMC, IPC), fire codes (including NFPA 101, 70, 72, 13, and 14), and accessibility standards (including ADA and FHA design requirements), as well as certain state-amended building codes. Customer acknowledges that:
Building codes and standards are periodically updated, and there may be a delay between publication of code amendments and their incorporation into the Services;
The Services may not include all state-specific amendments, local amendments, or jurisdiction-specific requirements applicable to plans reviewed by Customer;
Customer is solely responsible for determining which codes and standards apply to any particular project and for verifying that the Services assessments are based on the applicable code version; and
The Service’s coverage of specific codes and jurisdictions is as described in the applicable Documentation and may change from time to time.
5. Input Data Responsibility
5.1 The accuracy of the Services Outputs depends on the quality, completeness, and legibility of the plans and documents uploaded by Customer or Customer's users ("Plan Inputs"). Customer is solely responsible for ensuring that Plan Inputs are: (a) complete and accurate representations of the plans to be reviewed; (b) in a format supported by the Services; and (c) of sufficient quality and resolution for automated processing.
5.2 CivicPlus shall have no liability for the Services Outputs that are inaccurate, incomplete, or misleading as a result of deficiencies in Plan Inputs.
6. AI Technology Acknowledgment
6.1 Customer acknowledges that the Services utilizes artificial intelligence and machine learning technologies to perform automated assessments. These technologies: (a) are probabilistic in nature and may produce different results when analyzing similar inputs; (b) may fail to detect certain compliance issues or may incorrectly flag compliant elements as potential issues; and (c) are continuously improved, which may result in changes to the Services Outputs over time.
6.2 Actual accuracy may vary based on Plan Input quality, code complexity, and other factors.
7. Limitation of Liability for Code Compliance Claims
7.1 Notwithstanding anything to the contrary in the Master Services Agreement, CivicPlus shall have no liability for any claim arising from or related to: (a) a building's failure to comply with applicable building codes, fire codes, accessibility standards, or other regulatory requirements; (b) the failure of the Services to detect a code violation or compliance issue; (c) personal injury, death, or property damage alleged to result from a code violation that the Services did not detect; or (d) any fine, penalty, or enforcement action imposed on Customer or any third party by a regulatory authority.
7.2 Customer acknowledges that this limitation of liability is a material term of this Agreement, that the fees for the Services reflect this allocation of risk, and that CivicPlus would not provide the Services at the stated fees absent this limitation.
7.3 No Indemnity. The Parties agree that any indemnification covenants agreed to by the Parties in the applicable order, Section 15 of the Master Services Agreement ("MSA") , or other binding engagement document, shall not apply to the usage of the Services Outputs by the Customer. CivicPlus shall not be responsible for the legal sufficiency of the Services Outputs.
8. Permitted Use; Restrictions
Customer may use the Services solely for the purpose of assisting Customer's internal plan review processes. Customer shall not: (a) provide the Services or the Service Outputs to third parties on a commercial basis; (b) use the Services to provide plan review services to jurisdictions other than Customer; or (c) use the Service Outputs as the sole basis for charging permit applicants expedited review fees, unless Customer's verification procedures are applied to all such reviews.
9. Regulatory Changes
9.1 Customer acknowledges that federal, state, and local governments may enact laws, regulations, or guidance affecting the use of artificial intelligence in government decision-making, including plan review and permitting. Customer is solely responsible for determining whether its use of the Services complies with any such requirements, including any requirements for human oversight, disclosure to permit applicants, or algorithmic accountability.
9.2 In the event that a change in applicable law materially restricts Customer's ability to use the Services, Customer may terminate the applicable SOW upon thirty (30) days' written notice to CivicPlus, and CivicPlus shall refund a prorated portion of prepaid fees for the terminated period.