Zerilli-Behrens LLC - Terms of Service

Last updated: July 8, 2026

These Terms of Service ("Terms") govern access to and use of the app, website, viewer, and related interactive 3D or visual content made available by Zerilli-Behrens LLC (collectively, the "App"). By accessing or using the App, the user agrees to these Terms.

If the user does not agree to these Terms, the user must not access or use the App.

1. Provider

The App is provided by Zerilli-Behrens LLC, a New York limited liability company ("Zerilli-Behrens," "Provider," "we," "us," or "our").

2. Nature of the App

The App is a browser-accessible or device-accessible interactive visualization experience that may include 3D models, point clouds, renderings, animations, still images, environmental context, design studies, and related visual materials (collectively, the "Content").

The App and its Content are provided solely for conceptual, illustrative, presentation, communication, design-exploration, and marketing purposes.

The App is intended to help viewers understand a creative interpretation of a building, structure, site, or proposed design. The App is not intended to provide certified technical documentation, field-verified conditions, or construction-ready information.

3. Free Public Access

The App may be made available to the public at no charge. Free public access does not transfer any ownership rights in the App or Content and does not grant any right to reuse, extract, download, reproduce, distribute, or commercially exploit any part of the App except as expressly allowed in these Terms.

Provider may change, suspend, restrict, or discontinue all or part of the App at any time, with or without notice.

4. Accuracy Disclaimer

The Content is strictly illustrative and conceptual in nature.

The Content does not constitute and is not a substitute for professional architectural drawings, engineering plans, surveying reports, certified as-built documentation, permit drawings, fabrication documents, structural calculations, zoning submissions, or any document prepared by a licensed professional for construction, permitting, regulatory, procurement, or life-safety purposes.

Provider makes no representation or warranty, express or implied, that any dimensions, measurements, proportions, clearances, areas, elevations, spatial relationships, or physical characteristics shown in the App are accurate, complete, precise, field-verified, code-compliant, buildable, or suitable for reliance.

Any apparent dimensions or spatial relationships shown in the App are approximations derived from source materials, design assumptions, artistic judgment, modeling interpretation, and software limitations.

The App may depict design intent, mood, massing, materiality, scale cues, and experiential qualities rather than exact technical conditions. Visual elements may be simplified, stylized, omitted, inferred, generalized, or creatively interpreted for clarity or presentation value.

5. Not a Construction Document

The App and Content must not be used as the basis for construction, demolition, fabrication, installation, bidding, estimating, quantity takeoff, procurement, permitting, surveying, staking, engineering, code review, or regulatory approval.

The App and Content must not be relied upon in place of:

•Architectural or engineering drawings prepared or sealed by a licensed professional.

•Site, boundary, topographic, or as-built surveys performed by a licensed surveyor.

•Structural, civil, geotechnical, MEP, or other professional engineering analysis.

•Permit sets, shop drawings, fabrication drawings, or construction specifications.

•Field measurements, on-site verification, or contractor coordination documents.

Any person or entity using the App for a project-related purpose is solely responsible for obtaining independent verification from appropriately licensed professionals before acting on any information or impression derived from the App.

6. Creative Interpretation

The App is a creative visualization product. It presents a visual and experiential interpretation of a building design, existing condition, or proposed concept.

Even where the App is based on client-supplied plans, scans, photographs, blueprints, measurements, sketches, BIM exports, CAD files, or other reference materials, the resulting Content remains an interpretive creative work and not a guaranteed literal, complete, or technically exact representation of the built or proposed condition.

Differences may exist between the App and real-world conditions, consultant drawings, permit drawings, construction documents, final built work, product selections, tolerances, code requirements, or subsequent revisions.

7. User Responsibilities

Users must evaluate the App accordingly and use independent judgment. Users may view and share the App for lawful informational or presentation purposes only.

Users must not:

•Use the App or Content for construction or engineering reliance.

•Misrepresent the App as certified, surveyed, field verified, or construction-ready.

•Copy, scrape, reverse engineer, decompile, or attempt to extract underlying 3D assets, source files, code, textures, or data except where expressly permitted by law.

•Remove watermarks, credits, notices, or attribution metadata.

•Use the App in any unlawful, defamatory, infringing, deceptive, or harmful manner.

8. Intellectual Property

Unless expressly stated otherwise in writing, the App and all Content, including visualizations, models, renders, interface elements, branding, text, graphics, and underlying assets, are owned by Zerilli-Behrens LLC and/or its licensors and are protected by copyright, trademark, and other applicable laws.

No ownership or license is granted to the public except the limited right to access and view the App for its intended purpose.

9. Third-Party and Client-Supplied Materials

Some Content may be derived from or incorporate plans, scans, photographs, specifications, reference documents, or third-party assets supplied by a client or licensed from third parties. Provider does not warrant the accuracy, completeness, or non-infringement of client-supplied materials and is not responsible for inaccuracies originating in those materials.

Third-party assets remain subject to their original licenses.

10. Availability and Changes

Provider may update the App or Content over time. This may include revised geometry, materials, camera views, annotations, descriptive text, or removal of content.

Provider does not guarantee uninterrupted availability, error-free operation, compatibility with every device or browser, or permanent hosting of any App instance.

11. No Professional Services

Provider is a creative visualization service and does not provide licensed architectural, engineering, surveying, or construction administration services through the App.

Nothing in the App or these Terms creates a professional-client relationship for licensed design or engineering services between Provider and a public viewer.

12. Disclaimer of Warranties

To the fullest extent permitted by law, the App and Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement, title, availability, performance, or suitability for construction or technical reliance.

13. Limitation of Liability

To the fullest extent permitted by law, Zerilli-Behrens LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, business, goodwill, data, opportunities, project delay, redesign cost, procurement cost, construction cost, or professional fees arising out of or related to use of or reliance on the App or Content.

To the fullest extent permitted by law, Zerilli-Behrens LLC’s total aggregate liability to any user arising out of or relating to the App or these Terms, regardless of the cause or form of action, shall not exceed the total amount actually paid by that user directly to Zerilli-Behrens LLC for access to or use of the App.

14. Indemnity

To the fullest extent permitted by law, any user or entity that uses, republishes, or relies on the App or Content for construction, engineering, permitting, procurement, commercial decision-making, or other unauthorized purposes agrees to defend, indemnify, and hold harmless Zerilli-Behrens LLC from resulting claims, losses, liabilities, damages, judgments, and expenses, including reasonable attorneys' fees, arising out of that misuse.

15. Termination of Access

Provider may suspend or terminate access to the App at any time if a user violates these Terms, attempts unauthorized extraction or misuse, or if Provider elects to discontinue the App.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the App shall first be addressed through good-faith negotiation. If unresolved, the dispute may be submitted to binding arbitration in or near Ithaca, New York, to the extent enforceable under applicable law.

17. Changes to These Terms

Provider may revise these Terms from time to time by posting an updated version at the applicable legal page or within the App. Continued use of the App after updated Terms become effective constitutes acceptance of the revised Terms.

18. Contact

Questions regarding these Terms may be directed to Zerilli-Behrens LLC through the contact information provided on the associated website or legal notice page.