Terms of Service

1. Acceptance of Terms

By accessing or using the Building Signal Check tool ("Tool") and any related guidance reports ("Reports") provided by Zion Fire Protection, LLC ("Zion," "we," "us," or "our") through zion.us/bda, bda.zion.us, zionbda.com, ercesauthority.com, or any related domain (collectively, the "Services"), you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services.

2. Nature of the Service

The Tool is a free educational screening service designed to help Texas building owners, property managers, design professionals, general contractors, and AHJ representatives understand whether a building may be subject to Emergency Responder Communication Enhancement System (ERCES) requirements under the International Fire Code (IFC) §510, NFPA 1225, and related codes as adopted by the local Authority Having Jurisdiction (AHJ).

The Services are NOT:

• An official code determination by any Authority Having Jurisdiction
• A legal opinion or legal advice
• Engineering certification or design recommendation
• A guarantee of code compliance, AHJ acceptance, or insurance coverage
• A substitute for direct consultation with your local Fire Marshal's office

All Tool output and Reports are courtesy guidance documents only. Final determination of code applicability is made solely by your local AHJ.

3. User Eligibility and Identity Attestation

To request a Report, you must affirm that you are one of the following with respect to the subject building:

• The building owner
• An authorized representative of the owner (property manager, facility manager, agent under a written authority)
• A design professional or general contractor with a current contract or scope of work involving the building
• An Authority Having Jurisdiction (AHJ) representative acting in an official capacity

By submitting a request, you affirm under penalty of misrepresentation that one of the above relationships applies. Zion reserves the right, in its sole discretion, to refuse service, withhold a Report, or terminate User access at any time, without explanation. Providing false identity attestation may constitute misrepresentation under applicable law and may result in legal action.

4. Acceptable Use

You agree to use the Services only for lawful purposes related to bona fide compliance inquiries. You agree NOT to:

• Submit information about buildings for which you do not have authority or legitimate professional interest
• Use the Tool to "shop" or "phish" for sales leads, contact information, or competitive intelligence about other Texas building owners or operators
• Resell, redistribute, sublicense, or commercially exploit the Tool output or any Report content without prior written permission from Zion
• Submit automated, bulk, or scripted queries (no scraping, no bots, no API mining, no harvesting)
• Reverse-engineer, decompile, or attempt to extract the underlying AHJ database, ruleset, or proprietary methodology
• Misrepresent your identity, affiliation, or relationship to the subject building
• Use the Services for any purpose that would violate any law, regulation, or third-party right

5. Intellectual Property

The Tool, the AHJ jurisdiction database, the rules engine, all Report content, the Zion Fire Protection brand and logos, and all educational content published on ercesauthority.com or related domains are the proprietary intellectual property of Zion Fire Protection, LLC. All rights are reserved. No license, express or implied, is granted to copy, reproduce, redistribute, or create derivative works from any portion of the Services, except for personal, non-commercial reference by a verified User in connection with that User's own building or project.

6. No Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ZION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR CODE COMPLIANCE. ZION DOES NOT WARRANT THAT THE TOOL OUTPUT OR ANY REPORT WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERROR. CODE ADOPTION STATUS AND AHJ ENFORCEMENT POLICIES CHANGE; INFORMATION CURRENT AT TIME OF REPORT GENERATION MAY NO LONGER BE CURRENT BY THE TIME YOU USE IT.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZION FIRE PROTECTION, LLC, ITS OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION:

• Reliance on Tool output or Report content for any compliance, design, construction, leasing, financing, insurance, or transactional decision
• Any AHJ rejection, citation, fine, delay, re-inspection cost, certificate-of-occupancy issue, or insurance claim
• Third-party use, redistribution, or commercial exploitation of Report content (whether authorized or unauthorized)
• Loss of business, profits, data, or goodwill
• Any cause arising out of misuse, misrepresentation, or unauthorized access

ZION'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, ZION'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. No Agency or Professional Relationship

Use of the Services does not create any contractor-client, designer-client, attorney-client, or fiduciary relationship between you and Zion. Reports do not constitute engineering, architectural, or legal services. If you require professional services, please contact Zion at BDA@zion.us to engage us under a written agreement.

9. Third-Party Use of Report Content

Reports are prepared exclusively for the verified User who requested them. Any third party who receives, views, or relies on a Report does so at their own risk and without any express or implied warranty from Zion. Zion is not responsible for any third party's use, redistribution, or commercial exploitation of Report content, including but not limited to use by competing contractors to solicit business from the building owner.

10. Privacy

Your use of the Services is also governed by our Privacy Notice, which is incorporated into these Terms by reference.

11. Indemnification

You agree to indemnify, defend, and hold harmless Zion Fire Protection, LLC and its officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Services, (c) any false attestation regarding your identity or relationship to a building, or (d) any third party's reliance on Reports you obtain and redistribute.

12. Termination

Zion may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Sections 4 through 11 and 13 through 16 of these Terms survive termination.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflicts-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Collin County, Texas, and you consent to personal jurisdiction and venue in such courts.

14. Changes to These Terms

Zion may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Services after a change constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms, together with the Privacy Notice, constitute the entire agreement between you and Zion concerning the Services and supersede any prior or contemporaneous communications, representations, or agreements.

16. Contact

Questions about these Terms: joel@zion.us
Service inquiries: BDA@zion.us
Mailing address: Zion Fire Protection, LLC · 3275 N McDonald St · McKinney, TX 75071