This Terms of Use Agreement (the “Agreement”) is entered into by and between you, whether individually or on behalf of a corporation, partnership, or other legal entity (“Customer,” “you,” or “your”), and Dwellsy, Inc., a California corporation (“Dwellsy,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Dwellsy IQ platform, including all related APIs, data feeds, cloud storage delivery mechanisms (including Amazon S3 or similar environments), documentation, and associated services (collectively, “Dwellsy IQ” or the “Service”).
Dwellsy IQ is a data intelligence product division of Dwellsy, Inc. and is distinct from the Dwellsy rental marketplace platform. Use of the Dwellsy marketplace is governed by separate terms.
BY ACCESSING OR USING DWELLSY IQ, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. Nature of the Service
Dwellsy IQ provides enterprise access to raw residential rental listing data, including single-family and multifamily rental listing information. All data made available through Dwellsy IQ is sourced directly from authorized listing feeds and partners.
Dwellsy IQ does not scrape data, does not survey properties, and does not provide tenant-level data or personally identifiable information. The Service provides listing-level data only and does not include consumer reports, credit data, screening information, or any regulated tenant information.
Dwellsy IQ is a proptech business intelligence and data infrastructure product. It does not function as a marketplace, brokerage, property manager, or advisory service.
2. Enterprise Access and Contractual Supremacy
Access to Dwellsy IQ is provided solely pursuant to a separately executed enterprise agreement, order form, statement of work, partnership agreement, or other written commercial arrangement between Customer and Dwellsy (each, an “Enterprise Agreement”).
I. General Nature of Terms. This Agreement sets forth general baseline terms governing access to and use of Dwellsy IQ. These Terms of Use are intended to apply broadly and do not define the specific commercial or operational rights granted to any individual Customer.
II. Contractual Supremacy. The scope of access, delivery mechanisms, rate limits, data fields, retention rights, usage permissions, service levels, pricing, indemnification terms, and all other commercial conditions applicable to Customer are governed exclusively by the applicable Enterprise Agreement. In the event of any conflict, inconsistency, or ambiguity between this Agreement and an executed Enterprise Agreement, the Enterprise Agreement shall control and supersede this Agreement to the extent of such conflict.
III. No Expansion of Rights. Nothing in this Agreement shall be interpreted to expand, modify, or override the rights, limitations, or obligations expressly set forth in an Enterprise Agreement.
Access to publicly available materials on iq.dwellsy.com, including pricing pages, documentation, marketing materials, or sample data, does not grant any rights to licensed datasets.
3. License Grant
Subject to the terms of the applicable Enterprise Agreement and payment of all fees due thereunder, Dwellsy grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Dwellsy IQ solely within the scope expressly authorized in the Enterprise Agreement.
Customer’s rights to access, store, process, transform, or retain Dwellsy IQ data are strictly limited to those expressly granted in the Enterprise Agreement. No implied rights are granted.
Except for the limited rights expressly granted in writing, all rights, title, and interest in and to Dwellsy IQ, including all datasets, compilations, metadata, delivery systems, and derivative works, are and shall remain the exclusive property of Dwellsy.
4. Restrictions on Data Use
Customer shall not, directly or indirectly:
- Resell, sublicense, distribute, or commercially exploit the data.
- Publish or expose raw datasets to third parties.
- Use the data to build, enhance, or train competing rental listing aggregators or datasets.
- Use the data to train artificial intelligence systems, machine learning models, large language models, embeddings, or other automated systems that replicate, compete with, or derive structured dataset value from Dwellsy IQ.
- Extract, harvest, or systematically reproduce substantial portions of the dataset.
- Reverse engineer or attempt to reconstruct Dwellsy’s database architecture.
- Circumvent rate limits, technical protections, or delivery controls.
- Benchmark the Service for competitive purposes.
Unauthorized scraping, automated extraction, or dataset replication is strictly prohibited.
5. Automation and Programmatic Access
Dwellsy permits automated access to publicly available website materials, including pricing and documentation pages. Programmatic access to licensed data is permitted only via authorized APIs or delivery mechanisms under an active enterprise agreement.
No automated system may extract, replicate, or reproduce licensed datasets outside the scope of an authorized agreement.
Public website access does not confer dataset rights.
6. Attribution and Public Use
Customer may reference Dwellsy IQ as a data source in analytical reports and may hyperlink to iq.dwellsy.com. However, Customer may not publish raw datasets or represent Dwellsy data as proprietary.
7. Fees and Payment
Fees are structured and contract-based unless otherwise agreed in writing. Subscriptions are typically invoiced monthly or annually and are non-refundable unless expressly stated in a written agreement.
Failure to pay may result in suspension or termination of access.
Dwellsy does not provide free trials but may, at its discretion, provide limited data samples.
8. Service Levels
Service levels, uptime guarantees, and availability commitments are governed exclusively by written enterprise agreements. Absent such agreement, the Service is provided on a commercially reasonable effort basis.
9. Disclaimer of Advisory Role
Dwellsy IQ does not provide investment advice, financial advice, legal advice, regulatory guidance, or Fair Housing compliance advice.
All data is provided for informational purposes only. Dwellsy makes no guarantees regarding predictive performance or investment outcomes.
Use of the data is at Customer’s sole risk.
10. Audit Rights
If Dwellsy reasonably suspects misuse of the Service or violation of this Agreement, Dwellsy reserves the right to audit Customer’s usage upon reasonable notice. Failure to cooperate constitutes material breach.
11. Liquidated Damages
In the event of unauthorized scraping, automated extraction, redistribution, or dataset replication, Customer agrees that Dwellsy may seek liquidated damages in the amount of $500 per violation event, or the maximum amount permitted by law, in addition to any actual damages and injunctive relief.
12. Intellectual Property
All data compilations, databases, metadata, indices, APIs, infrastructure, and derivative works are and shall remain the exclusive property of Dwellsy. Nothing herein transfers ownership rights to Customer.
13. Termination
Dwellsy may suspend or terminate access for non-payment, breach of this Agreement, competitive misuse, or security violations. Upon termination, Customer must immediately cease access and delete licensed data unless otherwise agreed in writing.
14. Limitation of Liability
To the maximum extent permitted by law, Dwellsy shall not be liable for indirect, incidental, special, or consequential damages, including lost profits or investment losses. Dwellsy’s total liability shall not exceed the fees paid in the six (6) months preceding the claim.
15. Indemnification
Customer shall indemnify and hold harmless Dwellsy from claims arising from misuse of data, regulatory violations, or breach of this Agreement.
16. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of California. Any dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association in San Jose, California. Class actions are waived.
Either party may seek injunctive relief for intellectual property violations.
17. Modification
Dwellsy may modify this Agreement upon posting an updated version. Continued use constitutes acceptance.
18. Artificial Intelligence and Machine Learning Restrictions
Customer acknowledges that Dwellsy IQ constitutes a structured commercial database and proprietary dataset developed through substantial investment, licensing, and direct feed relationships.
Except as expressly authorized in a separately executed written agreement, Customer shall not, directly or indirectly:
- Use Dwellsy IQ data, in whole or in part, to train, fine-tune, calibrate, validate, benchmark, or otherwise improve any artificial intelligence, machine learning model, neural network, large language model (LLM), retrieval-augmented generation (RAG) system, embeddings model, vector database, predictive model, algorithmic pricing engine, or other automated system.
- Generate embeddings, vector representations, feature matrices, structured training corpora, or derivative datasets derived from Dwellsy IQ data for use in automated systems.
- Use Dwellsy IQ data to create synthetic datasets designed to replicate, approximate, or compete with Dwellsy’s dataset.
- Incorporate Dwellsy IQ data into any automated system whose output is intended to substitute for, replicate, or compete with Dwellsy IQ or any Dwellsy product.
- Use Dwellsy IQ data to train models for resale, redistribution, or commercial licensing to third parties.
- Use Dwellsy IQ data to train or improve any system that aggregates rental listings or competes in the rental listing or rental analytics market.
- Extract structured information from the dataset for the purpose of building machine-readable derivative datasets.
For clarity, even transient, cached, or intermediate use of Dwellsy IQ data for model training, embeddings generation, vectorisation, or dataset transformation constitutes prohibited use unless expressly authorized in writing.
Nothing in this Agreement shall prohibit Customer from using Dwellsy IQ data as an input to internal decision-making models for Customer’s own internal business purposes, provided that such use does not result in dataset replication, model training for redistribution, or creation of a competing product.
19. Automation, Programmatic Access, and Agent Use
Dwellsy permits artificial intelligence systems, automated agents, and bots to access and index publicly available content on iq.dwellsy.com, including product descriptions, pricing information, documentation, and other marketing materials, provided that such access:
- Does not interfere with system performance,
- Does not circumvent technical safeguards,
- Does not extract licensed datasets,
- Does not reconstruct structured proprietary databases.
Such permission applies only to publicly available website content on iq.dwellsy.com.
This permission does not extend to:
- Licensed Dwellsy IQ datasets delivered via API, cloud storage, or other controlled mechanisms;
- Any authenticated or restricted areas of Dwellsy IQ;
- The Dwellsy.com marketplace platform or its underlying listing data.
Scraping, automated extraction, harvesting, or replication of data from Dwellsy.com or from licensed Dwellsy IQ datasets is strictly prohibited unless expressly authorized in a separately executed written agreement.
