Terms of Service

Last Updated: January 11, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Smart Austin LLC, a Texas limited liability company doing business as Moon Sherpa Labs ("Company," "we," "us," or "our"), governing your access to and use of the Zabalist website, mobile applications, APIs, and all related services (collectively, the "Services").

By accessing or using our Services, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

Zabalist is a construction intelligence platform that provides:

• Aggregated public records including building permits, construction project registrations (TDLR), and site plan development cases
• A business directory of contractors, developers, architects, engineers, and other construction industry professionals
• Search, filtering, and alert functionality for monitoring construction activity
• Business profile claiming and enhancement services
• Data export and analytics tools
• Lead generation and contact services

2.1 Data Sources

Our database aggregates information from multiple sources, including but not limited to:

• Government Public Records: Texas Department of Licensing and Regulation (TDLR), City of Austin, Travis County, and other municipal and state agencies
• Federal Databases: SAM.gov, Small Business Administration registries, and other federal sources
• Publicly Accessible Sources: Trade association directories, industry listings, professional registries, and other publicly accessible business information
• User-Submitted Content: Information provided by businesses claiming and managing their profiles
• Third-Party Data Providers: Licensed or publicly available business databases and information aggregators

We aggregate, organize, normalize, and present this information for informational and research purposes. While we make reasonable efforts to maintain accuracy, we do not independently verify all information from third-party sources.

2.2 No Endorsement

Inclusion in our directory does not constitute an endorsement, recommendation, certification, or warranty of any business. Users are solely responsible for verifying information and conducting appropriate due diligence before engaging any service provider.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our sole discretion.

5. Subscription Services and Payment

5.1 Free and Paid Tiers

We offer both free and paid subscription tiers. Free accounts provide limited access to features. Paid subscriptions unlock additional capabilities including saved searches, email alerts, and data exports.

5.2 Business Profile Claims

Claiming a business profile requires a separate paid subscription. Profile claims are subject to verification and approval at our discretion.

5.3 Billing and Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annually). Subscriptions automatically renew unless cancelled. You authorize us to charge your payment method for all applicable fees.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. All fees are non-refundable except as required by law or at our sole discretion.

5.5 Price Changes

We may change subscription prices with 30 days' notice. Continued use after price changes constitutes acceptance of the new pricing.

6. Acceptable Use

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any laws
• Scrape, crawl, or use automated means to access the Services without our written permission
• Attempt to bypass rate limits, authentication, or security measures
• Resell, redistribute, or sublicense access to our data or Services
• Use the Services to send spam, harass others, or engage in fraudulent activities
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers
• Reverse engineer, decompile, or attempt to extract source code
• Use data obtained from the Services to discriminate against individuals in violation of applicable laws
• Create competing products or services using our data

7. Intellectual Property

7.1 Our Rights

The Services, including all content, features, functionality, software, and design (excluding underlying public records data), are owned by Smart Austin LLC and protected by copyright, trademark, and other intellectual property laws. Our name, logo, and all related names, logos, and slogans are our trademarks.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works of the Services
• Systematically download or store substantial portions of our database
• Use the Services for competitive intelligence against us

7.3 Public Records

We aggregate publicly available government records. While we do not claim ownership of underlying public records, our compilation, organization, presentation, and any value-added analysis constitute our proprietary work product protected by copyright.

8. User Content

If you submit content to the Services (such as business profile information, reviews, or communications), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content in connection with the Services. You represent that you have all rights necessary to grant this license and that your content does not violate any third-party rights or applicable laws.

9. Third-Party Links and Services

The Services may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third parties. Your interactions with third parties are solely between you and them.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Data will be accurate, complete, current, or reliable
• Results obtained from using the Services will meet your requirements
• Any errors will be corrected

Data Accuracy: Our data is sourced from public government records and may contain errors, omissions, or outdated information. We make reasonable efforts to maintain accuracy but cannot guarantee the completeness or timeliness of any information. You are solely responsible for verifying any information before relying on it for business decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMART AUSTIN LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

12. Indemnification

You agree to indemnify, defend, and hold harmless Smart Austin LLC and its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Services
• Your violation of any applicable laws

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you hereby consent to the personal jurisdiction of such courts.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal legal action, you agree to contact us at legal@zabalist.com to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days.

14.2 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Travis County, Texas. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Services. Continued use after changes constitutes acceptance of the modified Terms. If you disagree with any changes, you must discontinue use of the Services.

16. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services immediately ceases. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Smart Austin LLC.
• Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms. We may assign our rights and obligations without restriction.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

18. Contact Information

For questions about these Terms, please contact: