These Terms of Service ("Terms") govern your access to and use of FineAlert NYC, including the website at finealertnyc.com, related emails and any related features (the "Service"), operated by NOLKENS & CO. LLC, a New York limited liability company ("Company," "we," "us," or "our").
By accessing the Service, creating an account or purchasing a subscription, you agree to these Terms. If you do not agree, do not use the Service. If you purchase a paid subscription, you also agree to the pricing, billing, automatic-renewal and cancellation terms below.
If you use the Service on behalf of a business, property owner, property management company, co-op or condominium board, or other organization, you represent that you have authority to accept these Terms for that organization, and "you" includes both you and the organization.
You must be at least 18 years old and able to form a binding contract to create an account or purchase a subscription. The Service is intended for use in connection with properties located in New York City.
FineAlert NYC is an informational monitoring platform that compiles publicly available records about buildings and properties in New York City. The Service may use information from government databases and public data sources, including:
Depending on your plan, the Service may allow you to:
We may modify, improve or discontinue features as described in Section 20.
FineAlert NYC does not provide legal, engineering, architectural, expediting, property-management or other professional advice, and using the Service does not create an attorney-client, engineer-client or other professional relationship.
The Service may display government records, identify potential violations, estimate recurring compliance deadlines or indicate that a requirement may apply to a building. This information is produced by processing public records and applying generalized rules. It is not an official determination that a requirement applies to a specific building, and it may not account for:
We do not guarantee that the Service will identify every requirement applicable to a property, correctly determine every deadline or give a complete picture of a building's regulatory status. You are solely responsible for determining and meeting the legal and regulatory obligations for your properties, and you should verify important information with the relevant agency, official records or a qualified professional before relying on it.
FineAlert NYC is independently operated by NOLKENS & CO. LLC. We are not affiliated with, sponsored by, authorized by or endorsed by the City of New York, any City agency or any other government authority. References to agencies, databases, laws and records are for identification and information only. The appearance of a record in the Service does not mean an agency has reviewed or verified what we display. Official government websites and records remain the authoritative source.
The Service relies on public records, government databases, third-party information and automated processing outside our control. We take reasonable steps to retrieve, process and display available information, but we do not guarantee that it is accurate, complete, current or always available. Public records may contain errors, omissions, outdated entries, duplicates or inconsistent property identifiers, and agencies may revise records, change formats or schedules, restrict access or discontinue data feeds without notice. We may correct, update or remove information we display, but we are not obligated to correct errors in underlying government records. Information in the Service may differ from what an agency shows directly; review the official record when accuracy matters.
We are not a "consumer reporting agency," and the Service does not provide "consumer reports," as those terms are defined in the federal Fair Credit Reporting Act (FCRA) and similar state laws. You may not use the Service or any information from it, including owner-of-record names or a building's violation history, as a factor in deciding a person's eligibility for credit, insurance, employment, housing or tenancy, or for any other purpose covered by the FCRA.
The Service checks watched buildings on the schedule for your plan. Unless otherwise stated on our website or in your account:
These schedules describe our intended frequency, not a guarantee that every check will run at a particular time or that every new record will be detected. Alerts may be affected by delays or outages at government data sources, late publication of records, changes in data formats or identifiers, technical failures or maintenance, errors in data processing or record matching, incorrect email addresses, spam filters or email delivery failures, and other circumstances beyond our reasonable control. An alert may arrive after the underlying event or after a deadline has passed.
The Service is not an emergency notification system and must not be your only means of tracking hearings, cure dates, filing deadlines or other time-sensitive obligations. You are responsible for keeping your account email current and adding our sending address to your contacts or safe-sender list.
Some features require an account. You agree to provide accurate information and keep it current. You are responsible for keeping your password confidential, for activity in your account that results from your acts or omissions, and for telling us promptly if you suspect unauthorized access. Each account is for the registered account holder; you may not share credentials to get around plan limits. We may use reasonable security measures, authentication requirements and account restrictions to protect the Service and its users. We are not responsible for losses caused by your failure to keep your account secure, except to the extent we are legally responsible.
The features, limits and prices of each plan are shown on our website and at checkout. Unless otherwise stated at the time of purchase, the paid plans are:
| Plan | Monthly price | Watched buildings |
|---|---|---|
| Single Building | $19 | 1 |
| Up to 5 Buildings | $69 | 5 |
| Up to 20 Buildings | $199 | 20 |
Checkout price controls. The price, plan and billing terms shown on the checkout page when you subscribe are the ones that apply to your subscription, even if a price shown elsewhere on our website or in an advertisement differs. Applicable taxes may be added.
Pricing errors. If a price is shown or charged in error (for example, because of a typographical or system error), we are not required to honor it. We will tell you, and you may either continue at the correct price or cancel and receive a full refund of anything charged at the incorrect price.
Plan limits and permitted use. Each plan covers the number of watched buildings shown for it. You may change which buildings you watch at any time within your limit. Plans are for monitoring buildings you own, manage, represent, or are evaluating for your own purposes; you may not use one subscription to provide monitoring as a service to unrelated third parties, or share one account among separate businesses, without our written permission. If you need more watched buildings than your plan allows, we may ask you to move to a larger plan or limit additional buildings.
Changing plans. To change plans, cancel your current plan and subscribe to the new one, or ask us to make the change. A new plan is billed at its full monthly price from the date it starts; we do not prorate or credit unused time on the previous plan, which remains available until the end of the month you paid for. When we make a change for you, we will tell you the new price and billing date before any charge.
Promotions. Discounts, coupons and introductory prices apply only as stated when offered, cannot be combined unless we say so, have no cash value and may end at any time for new subscribers. When a promotional period ends, your plan renews at the regular price disclosed at sign-up unless you cancel.
Changes to plan features. We may change the features included in a plan. If a change materially reduces the features of your current paid plan, we will give you notice and you may cancel and receive a prorated refund for the unused part of that billing month. We will never add charges you have not authorized.
Paid subscriptions are billed monthly in U.S. dollars. When you subscribe, you authorize our payment processor (currently Helcim) to charge your payment method for the first month when you subscribe and for each following month until you cancel, plus any taxes disclosed before purchase. We do not receive or store your full card number. Charges appear on your statement under the name provided by our processor (for example, "FineAlert NYC" or our company name), and you can request a receipt for any charge.
Updated card details. If your card is replaced or its expiration date changes, your card network or issuer may provide the updated details to our processor, and you authorize us to continue charging the updated card. You are responsible for keeping your payment information current.
Failed payments. If a payment fails, we or our processor may retry it and we may email you to update your payment method. Paid features may be suspended while payment is outstanding. If payment remains unsuccessful 14 days after the renewal date, we may cancel your paid plan, and your account will continue on the free plan. We are not responsible for fees your bank or card issuer charges, such as overdraft, insufficient-funds or foreign-transaction fees.
Payment processing is also subject to the processor's own terms and privacy practices.
Paid subscriptions renew automatically every month, and your payment method is charged on or about the same day each month, until you cancel. Before you complete a purchase, we show the price, billing frequency, automatic-renewal terms and how to cancel, and we ask you to agree to them. By agreeing, you authorize recurring monthly charges at the disclosed price, plus applicable taxes, until you cancel. If your billing day does not exist in a given month, you may be billed on the last day of that month. We send a confirmation email when your subscription starts that repeats the price, renewal terms and how to cancel. Nothing in these Terms waives your rights under New York General Business Law §§ 527 and 527-a or other automatic-renewal and consumer-protection laws.
You may cancel a paid subscription at any time:
We send a confirmation email when your cancellation is processed. After cancellation, your subscription will not renew, no further recurring charges will be made, and paid features remain available until the end of the month you have already paid for. Online cancellation takes effect immediately; email requests are processed promptly, and if an email request reaches us before your next billing date but is processed after it, we will refund that charge.
General rule. Except as stated in this section or required by law, a monthly payment is not refundable once that billing month has begun, and cancelling stops future charges but does not refund the current month. We do not provide refunds, prorated refunds or credits for partial months, for unused or removed watched buildings, for moving to a smaller plan, or because you did not use the Service, changed your mind, did not receive an alert caused by a government data source or your email provider, or determined that an estimated obligation did not apply to your property.
When we refund. We will refund the affected month if, within 30 days of the charge, you tell us that:
We also refund as described in Section 9 (pricing errors and material feature reductions) and Section 21 (if we end your plan or the Service for reasons other than your breach). We do not refund amounts paid for a plan we terminate because you materially violated these Terms.
How refunds work. Email support@finealertnyc.com with your account email and the charge date. Refunds are limited to the amount you paid for the affected period and go back to the original payment method only, usually within 5 to 10 business days; we do not issue cash or credit to a different card. Any refund or credit we give beyond what these Terms require is a one-time courtesy and does not entitle you to similar treatment in the future.
Billing errors and disputes. Please tell us about a suspected billing error within 60 days of the charge, or any longer period the law gives you, so we can investigate and correct it. We review billing disputes in good faith and correct confirmed errors promptly.
Card disputes (chargebacks). Please contact us before disputing a charge with your card issuer; most issues can be fixed faster directly. Disputing a charge does not cancel your subscription, so cancel separately if you want to stop future charges. If you dispute a charge that you authorized and that is not refundable under these Terms, we may provide your subscription records, account activity and these Terms to our processor and your card issuer, and we may suspend paid features while the dispute is open. If the dispute is resolved in our favor, you remain responsible for the charge, and we may require payment of it before restoring a paid plan. Nothing in this section limits your rights under the Fair Credit Billing Act or other law to dispute a billing error.
We may change our prices for new subscribers at any time. For existing subscribers, we will email you at least 30 days before a price increase takes effect, stating the new price and the date it applies. Where the law requires your affirmative consent to a higher recurring price, we will obtain it before charging the new amount; otherwise, if you do not cancel before that date, the new price applies from your next renewal on or after it. Price changes never apply to a billing month you have already paid for. If we lower a price, the lower price applies to your next renewal.
Prices may be subject to sales tax or other taxes. Where we are required to collect tax, it will be shown at checkout or on your receipt and we will remit it. You are responsible for any other taxes legally imposed on your purchase.
You agree that we may provide notices, disclosures, receipts and other communications about the Service and your subscription electronically, by email to the address on your account or by posting them in the Service, and that these satisfy any legal requirement that such communications be in writing. Alert and reminder emails are part of the Service; you can stop them by removing your watched buildings or closing your account. We will not send marketing emails without the consent the law requires, and every marketing email will include a way to unsubscribe.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
We may investigate suspected violations and take reasonable action to protect the Service and its users.
The Service, including its software, design, interface, branding, logos and original text, is owned by or licensed to NOLKENS & CO. LLC and protected by intellectual-property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Service for its intended informational purposes. You may not reproduce or redistribute proprietary parts of the Service, resell access, copy protected elements to build a competing service, remove proprietary notices, or use our name or branding in a way that suggests sponsorship or endorsement. We do not claim ownership of public records; your reuse of underlying government data is governed by the terms that apply to that data.
If you send us suggestions or feedback, you allow us to use them to improve, develop or market the Service without compensation to you. You are not required to send feedback, and doing so does not transfer ownership of your preexisting intellectual property.
Our collection, use and sharing of personal information, including account details, watched buildings and technical usage data, is described in our Privacy Policy at finealertnyc.com/privacy, which is part of these Terms. We use third-party providers for hosting, payment processing, email delivery and other functions needed to run the Service. If these Terms and the Privacy Policy conflict on how personal information is handled, the Privacy Policy controls.
We aim to keep the Service available and useful, but we do not guarantee uninterrupted availability or any particular uptime, response time, detection rate or email delivery time unless we agree to it in a separate signed writing. The Service may be unavailable because of maintenance, updates, technical problems, security incidents or third-party outages. We may modify, update or discontinue features when reasonably necessary, and we will give paid subscribers reasonable advance notice of changes that materially reduce what they are paying for. The Service may rely on or link to third-party websites and services, including government databases, payment processors and email providers; we do not control them and a link is not an endorsement.
We may suspend, restrict or terminate your access if we reasonably believe you have materially violated these Terms; engaged in fraud, abuse or unlawful activity; compromised or attempted to compromise the Service's security; created a material risk to us, other users or third parties; or if suspension is necessary to comply with law. Where reasonably practicable, we will give notice and an opportunity to fix the issue first, but we may act immediately to address security threats or fraud or to comply with law. You may close your account at any time by contacting us.
We may discontinue the Service entirely. If we terminate a paid subscription or discontinue the Service for reasons other than your breach of these Terms, we will refund the unused portion of your current billing month on a prorated basis. Termination does not erase payment obligations that accrued before it. Sections that by their nature should survive termination, including Sections 3 to 6, 13 and 18 to 30, survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Without limiting the above, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that all public records will be available through it; that information will be accurate, complete or current; that every violation, filing requirement, inspection, deadline or regulatory change will be identified; that every estimated obligation will apply to the building in question; that every alert will be generated or delivered; or that the Service will meet your particular compliance, business or operational needs. Your use of the Service and reliance on its outputs are at your own risk. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE TYPES AND AMOUNT OF DAMAGES YOU MAY RECOVER FROM US.
To the maximum extent permitted by law, NOLKENS & CO. LLC and its owners, officers, employees, contractors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages arising out of or relating to the Service, including lost profits or revenue, lost rental income, lost business opportunities, loss of goodwill, loss of data, business interruption, cost of substitute services, or fines, penalties, interest, late fees or other charges imposed by any government agency, even if those charges relate to a missed, late or inaccurate alert, record or deadline estimate.
To the maximum extent permitted by law, we are not liable for losses arising from inaccurate, incomplete, outdated or unavailable public records; incorrect compliance estimates or deadline calculations; failure to identify a violation, filing obligation, inspection requirement or regulatory change; missed, delayed, inaccurate or undelivered alerts; email-provider failures, spam filtering or third-party outages; your failure to verify information or comply with applicable requirements; or temporary service interruptions or modifications.
Our total liability for all claims arising out of or relating to the Service will not exceed the greater of (a) $100 or (b) the subscription fees you paid us for the Service in the 12 months before the event giving rise to the claim. These limits apply to all claims together, under any legal theory, including contract, tort and negligence, and even if we were advised of the possibility of the damages. Nothing in this section limits liability for fraud, intentional misconduct, gross negligence or any other liability that cannot lawfully be limited.
To the extent permitted by law, you agree to indemnify and hold harmless NOLKENS & CO. LLC from third-party claims, losses, liabilities and reasonable legal fees arising from your unlawful use of the Service, your material violation of these Terms, your infringement of a third party's rights, or your fraudulent or intentionally wrongful conduct in connection with the Service. This does not apply to the extent a claim results from our own negligence, misconduct or breach of these Terms. We will give you reasonable notice of a claim, and you may not settle a claim in a way that imposes obligations on us without our written consent.
We may update these Terms to reflect changes in the Service, our practices or the law. We will post the updated Terms with a new "Last Updated" date and, for material changes, notify account holders by email or in the Service at least 14 days before they take effect, unless a change is required sooner by law. Where the law requires your affirmative consent to a change, we will obtain it. If you do not agree to a material change, you may stop using the Service and cancel before it takes effect; continuing to use the Service after that date means you accept the updated Terms. Changes do not apply retroactively to disputes that arose before they took effect.
Most concerns can be resolved quickly. Before filing a claim, you agree to email support@finealertnyc.com with a description of the issue and the relief you want, and we will try in good faith to resolve it within 30 days. This does not prevent either party from seeking urgent injunctive relief or from bringing an individual claim in small claims court.
These Terms and any dispute relating to them or the Service are governed by the laws of the State of New York, without regard to conflict-of-law rules. Except for small claims matters, any lawsuit must be brought in the state or federal courts located in the City of New York, and both parties consent to their jurisdiction. Nothing in this section removes a nonwaivable right to bring a claim in another forum.
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, severe weather, acts of government, war, terrorism, civil unrest, labor disputes, widespread internet, telecommunications or power failures, cybersecurity incidents, and interruptions affecting government databases or essential third-party services.
If any provision of these Terms is found unenforceable, it will be limited or severed to the minimum extent necessary and the rest will remain in effect. Our failure or delay in enforcing a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, and we will notify you if that happens.
These Terms, together with the Privacy Policy and any additional terms expressly incorporated into your subscription, are the entire agreement between you and NOLKENS & CO. LLC about the Service and supersede prior understandings on the same subject. A separate signed written agreement controls to the extent it expressly addresses a conflict with these Terms.
NOLKENS & CO. LLC
FineAlert NYC
Email: support@finealertnyc.com