Terms of Service

1. What we provide

Phase1Check is a desk screen. For an address you give us, software searches public databases, flood maps, historical imagery and other records, and writes a summary of possible environmental and flood concerns. The free flood check shows flood map information for an address.

Reports are produced automatically, and AI models write much of the text. No environmental professional reviews a report before you receive it. There is no site visit, sampling or testing, no interviews with owners, occupants or officials, no user questionnaire, and no search of title, environmental liens or land use limitations.

2. What a report is not

• It is not a Phase I Environmental Site Assessment. It does not follow ASTM E1527-21, ASTM E2247 or EPA's All Appropriate Inquiries rule (40 CFR Part 312), and it does not qualify you for the innocent landowner, bona fide prospective purchaser or contiguous property owner protections under CERCLA or any state law.
• It does not meet the requirements of any lender, the SBA, Fannie Mae, Freddie Mac, HUD, any insurer or any government agency.
• It is not an official flood zone determination, elevation certificate or flood insurance requirement.
• It is not an appraisal, survey, title search, property condition assessment or inspection. It does not cover asbestos, lead paint, radon, mold, wetlands, vapor intrusion, building materials or anything not shown in the records searched.
• It is not professional, legal, engineering, environmental, geological, investment or financial advice. We are not acting as environmental professionals, engineers or geologists, and no professional relationship is created.
• It is not a statement that a property is free of contamination, flood risk or any other condition, or that a listed concern actually exists.

3. How you may use reports

• Business use. You use Phase1Check for business, investment or commercial purposes, not for personal, family or household purposes.
• Your decisions are yours. You will make your own decisions about any property and will get a Phase I Environmental Site Assessment and professional advice before buying, lending on, insuring or pricing a property.
• Check the location. Results apply to the location and parcel we matched, which can differ from the property you meant. Check them in the report.
• Reports are for you. You may share a report with your own advisers, lenders, partners and investors who need it to evaluate the property, but only in full, with its limitations, and they may not rely on it. No one other than you is a beneficiary of a report or of these terms, and you are responsible for anyone you share it with.

You may not resell, republish or sublicense reports; present a report as a Phase I or as reviewed by a professional; remove its notices; scrape, bulk query or automate the site; copy, reverse engineer or build a competing product from it; or use it for anything unlawful, including harassing owners or occupants.

4. Data and sources

Reports rely on records from government agencies and other third parties, such as FEMA, EPA, state environmental agencies, USGS, imagery providers and OpenStreetMap. These records can be incomplete, out of date, wrongly located or wrong, and many contaminated sites are never reported. We do not verify them. Sources can change or be unavailable when a report runs, and a report may leave out a source that was unavailable.

A report reflects its sources as they stood when it ran. We have no duty to update it. Third-party data and imagery stay the property of their providers, may carry their own terms, and are credited in the report.

5. Orders and delivery

Reports are usually ready within the hour. Delivery times are estimates, not promises, and a late report is not a breach of these terms. If a report fails, we retry it, and if it still fails we refund it automatically. That refund is your only remedy for a failed or late report.

Reports stay available in My reports while we offer the service, but we do not promise to store them forever, so keep a copy of anything you need. We may refuse or cancel any order, for example an address outside the United States, a property type we can't screen, or suspected misuse, and we refund any cancelled order.

6. Prices, subscriptions and billing

• Single report: $100, charged at checkout.
• Monthly plan: $100/month for 3 reports in each billing month. Unused reports do not carry over and have no cash value.
• Automatic renewal. The monthly plan renews every month and charges your payment method the current price until you cancel. You can cancel anytime in My reports or by emailing us. Cancelling stops future charges; you keep access and any reports left until the end of the month already paid. We email a confirmation when you subscribe and when you cancel.
• Price changes. We give subscribers at least 30 days' notice by email before a new price applies to them.
• Taxes are not included and are added where required.
• Payments are processed by Stripe. We do not see full card numbers. If a payment fails, the plan pauses until it is fixed.
• The free flood check is free and may change, be limited or end at any time. Building-level results require an email address.

7. Refund policy

• Failed reports. If a report fails and can't be finished after a retry, we refund it automatically. These refunds never count toward your limit.
• One refund per customer, ever. If you're unhappy with a report for any reason, ask within 30 days of the charge and we'll refund it, no questions asked. Each customer gets one refund like this for as long as Phase1Check exists. It covers one report, or for the monthly plan the most recent monthly charge only, never earlier months.
• Who counts as one customer. The same person or business is one customer, including under a different email address, payment card or account.
• Later requests. After your one refund, any further request is reviewed by hand and granted only at our discretion. We have no obligation to grant it.
• What a refund ends. We may remove access to a refunded report, and refunding a month of the monthly plan may end the plan.
• How to ask. Use My reports or email us. Refunds go back to the original payment method; banks usually take 5 to 10 business days.
• Chargebacks. Please ask us first. We may close the account of anyone who disputes a charge we would have refunded, or a report that was delivered.

Except as described here or required by law, payments are not refundable and we do not give credit for partial months.

8. Ownership

We own the site, the software, the report format and the report text. When you pay for a report, we give you a non-exclusive, non-transferable license to use it to evaluate the property, within section 3.

We may use the addresses searched and report results, without your name or contact details, to run, test and improve the service and to publish aggregated statistics. We may use any feedback you give us without obligation.

9. No warranties

Phase1Check, the flood check and every report are provided "as is" and "as available", with all faults. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement and any warranty arising from course of dealing or usage. We do not warrant that a report will find every concern, that any finding is correct, or that the service will be available or error-free.

10. Limit of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost deals, loss in property value, cleanup, remediation or response costs, fines, financing costs or loss of data, even if we were told they were possible.

Our total liability for all claims of any kind relating to the service or any report is limited to the amount you paid us for the report the claim is about, or, for the monthly plan, the fee for the one billing month in which the claim arose. If you paid nothing, such as for the free flood check, our liability is zero.

These limits apply under any legal theory, including contract, tort (including negligence), strict liability and statute, and they also protect our members, managers, employees, contractors, affiliates and data providers. Our prices depend on them; without them we could not offer the service at these prices.

11. Your indemnity

You will defend us and pay for any claims, losses and costs (including reasonable legal fees) brought by anyone that arise from your use of the service or a report, your decisions about any property, anyone you shared a report with, or your breach of these terms or the law.

12. Time limit for claims

Any claim relating to the service or a report must be filed within one year after it arose, or it is permanently barred.

13. Disputes and arbitration

Talk to us first. Before filing any claim, each side will try to resolve it informally for 30 days after written notice to the other (for us, at hello@generalshipyard.com).

Binding individual arbitration. Any dispute that isn't resolved will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, in Los Angeles County, California, or by video. The Federal Arbitration Act governs this section. You and we each give up the right to a jury trial and to bring or join a class, collective or representative action. The arbitrator may award relief only to the individual party bringing the claim.

Either side may bring an individual claim in small claims court instead, and either side may go to court to stop misuse of its intellectual property. If the class action waiver is found unenforceable for a claim, that claim goes to court and the rest of this section still applies.

These terms are governed by the laws of California, without regard to its conflict of law rules. Any matter not subject to arbitration will be brought only in the state or federal courts in Los Angeles County, California.

14. Suspension and ending

You can stop using the service at any time. We may suspend, limit or end the service, or your access to it, at any time, for example if you break these terms. If we end your monthly plan when you did nothing wrong, we refund the unused part of the current month. Sections 2, 3, 4 and 7 to 16 continue after the service or your access ends.

15. Changes

We may change the service and these terms. The current terms are always on this page with their date. We email subscribers about material changes at least 30 days before they take effect. Changes don't apply to a dispute that arose before them. Using the service after a change takes effect means you accept it.

16. General

• You agree to receive agreements, notices and receipts electronically.
• You may not transfer these terms without our consent. We may transfer them, including as part of a merger, acquisition or sale of assets.
• These terms, the Privacy Policy and the price and plan shown at checkout are the whole agreement between us about the service.
• If part of these terms is unenforceable, it is limited as little as needed and the rest still applies. Not enforcing a part is not a waiver.
• Neither side is responsible for delays caused by events outside its reasonable control, including outages at data sources, cloud providers or payment processors.
• There are no third-party beneficiaries, except the people and providers protected by section 10.

Contact

General Shipyard LLC, doing business as Phase1Check · 30 N Gould St, Ste N, Sheridan, WY 82801, USA · hello@generalshipyard.com