1. Acceptance of Terms

By creating an account or using BenchmarkIQ, you agree to these Terms of Use. If you don't agree, don't use the service. These terms form a binding agreement between you and BenchmarkIQ ("we," "us," or "our").

We may update these terms from time to time. When we do, we'll notify you by email and update the date above. Continued use of the service after changes means you accept the updated terms.


2. What BenchmarkIQ Does

BenchmarkIQ automates energy and water benchmarking compliance for New York City buildings subject to Local Law 84 (LL84). In plain terms: we collect your utility data, enter it into ENERGY STAR Portfolio Manager, and submit the required report to the NYC Department of Buildings via the DOB NOW portal — on your behalf, annually.

This is a filing service. We handle the mechanics of compliance so you don't have to. What we don't do is provide legal, engineering, or energy consulting advice. If your building has unusual circumstances or you need professional guidance, you should consult a qualified expert.


3. Your Responsibilities

The service depends on information you provide. You're responsible for giving us accurate building details, utility account numbers, and DOB NOW credentials. If something changes — a utility account gets updated, credentials change, a new meter gets added — you need to update your account. We file what we have. If the data you give us is wrong or outdated, the filing may be incorrect or rejected.

You're also responsible for maintaining access to your DOB NOW account. BenchmarkIQ uses the credentials you provide to submit on your behalf. If your DOB NOW access is revoked, locked, or otherwise unavailable, we may not be able to complete a filing. That's on you to keep current.

A few specific things you agree to:


4. Subscription and Payment

BenchmarkIQ is billed annually at $299 per building. There's also a one-time onboarding fee of $99 per building when you first enroll. Payments are processed by Stripe. By providing payment information, you authorize us to charge you for the plan you've selected.

Subscriptions auto-renew each year. You'll receive a renewal notice at least 30 days before we charge you again. If you want to cancel, you can do so from your account dashboard or by emailing info@benchmarkiq.app before the renewal date.

We don't offer refunds for partial years. If you cancel mid-year, your subscription remains active until the end of the period you've already paid for.


5. No Guarantee of Compliance Outcome

We file your LL84 report on your behalf. We don't control whether the City of New York accepts, processes, or deems your filing compliant. City systems can have outages, requirements can change, and filings can be rejected for reasons outside our control.

We'll do everything on our end to submit a complete, accurate report before the May 1 deadline. But we can't guarantee that NYC will accept it or that you won't face fines. We're not a law firm, and using BenchmarkIQ doesn't constitute legal advice or guarantee legal compliance.

If a filing is rejected due to an error on our part, we'll work with you to resubmit at no additional charge. If a rejection results from inaccurate information you provided, that's outside our control.


6. Your Data

You own your data. Building information, utility records, and compliance history belong to you. We use that data to provide the service — nothing else. We don't sell it. We don't share it with third parties except as required to deliver the service (utility providers, ENERGY STAR, DOB NOW, and our infrastructure partners).

For more detail on how we handle data, see our Privacy Policy.


7. Limitation of Liability

To the extent permitted by law, BenchmarkIQ's total liability to you for any claim arising from use of the service is limited to the amount you paid us in the 12 months preceding the claim. We're not liable for indirect, incidental, or consequential damages — including fines, penalties, or losses resulting from a missed or rejected filing.

This isn't meant to be adversarial. It's standard for software services, and it reflects that outcomes depend heavily on factors (city systems, your data accuracy, regulatory changes) that are outside our control.


8. Termination

You can cancel your account at any time. We can suspend or terminate accounts that violate these terms, are used fraudulently, or where we're unable to provide the service for a building (for example, if a building isn't subject to LL84).

If we terminate your account for reasons other than a terms violation, we'll refund a prorated portion of any prepaid fees.


9. Governing Law

These terms are governed by the laws of the State of New York. Any disputes will be resolved in courts located in New York, NY. If you're using BenchmarkIQ for a building in New York City, that's probably the jurisdiction where any dispute would sensibly be handled anyway.


10. Contact

Questions about these terms? Email us at info@benchmarkiq.app. We'll respond within a few business days.