Municipal Terms of Use

§ 01 ·Description of Service

TenYear provides a record-keeping and workflow tool for managing System Development Charge (SDC) credits ("the Ledger"). The Ledger allows authorized City staff to:

• Record and track issued SDC credits
• Monitor credit expiration dates
• Record, route, and document City staff review and approval of credit transfers
• Generate reports for internal use and council presentations
• Maintain an audit trail of all ledger activity
• Import and export credit data

The City remains the sole authority for issuing, calculating, and managing SDC credits under applicable law. The Ledger is a tool that supports the City's existing processes. No credit is created, modified, transferred, or extinguished except by authorized City staff.

§ 02 ·Cost

Use of the Ledger is provided at no cost to the City. There are no fees, subscription charges, or future payment obligations under these terms. The City may terminate use at any time without penalty.

This is a permanent commitment. TenYear will not introduce fees, paywalls, or feature gates that condition the City's continued use of the core Ledger described in Section 1. The core Ledger is and will remain free to the City. This commitment binds TenYear and any successor in the event of a change of control, and survives any modification of these terms under Section 12.

For purposes of these terms, "core Ledger functionality" means the features listed in Section 1 as of the effective date of the City's use, and any successor features generally released to municipal Ledger users at no charge. It excludes optional paid integrations, custom development, premium support tiers, or features not generally released to municipal Ledger users.

§ 03 ·Data Ownership

All data entered by the City into the Ledger is and remains the property of the City. TenYear claims no ownership interest in City data.

TenYear uses City data solely to provide the Ledger service. TenYear does not sell City data, use City data for advertising or AI/model training, or disclose City data to third parties except (a) to subprocessors and service providers acting on TenYear's behalf under confidentiality and data-protection obligations no less protective than these terms; (b) as required by law or by valid legal process; or (c) as directed by the City in writing. A current list of subprocessors with access to City data is available at privacy@tenyear.app and at present comprises Turso (managed database), Railway (application hosting), Resend (transactional email), and Sentry (error monitoring).

§ 04 ·Data Export and Portability

The City may export all of its data at any time through the Ledger's built-in export function. Exports are available in CSV format and include credits, transfers, audit logs, and import history.

There are no restrictions on how frequently the City may export data. The export function is available to City administrators at no charge.

§ 05 ·Records Retention

TenYear retains all City data for the duration of this agreement plus seven (7) years, or in accordance with the City's records retention schedule, whichever period is longer.

Records are stored in formats that support compliance with applicable state records retention requirements, including:

• Oregon: OAR 166-200-0215 (City General Records Retention Schedule), which requires 10-year retention for city improvement financial records after substantial completion and 10-year retention for year-end general ledger records.
• Washington: Local Government Common Records Retention Schedule (CORE, v5.0, October 2024), published by the Washington State Archives Division, Secretary of State.

All records are exportable in standard CSV format suitable for archival purposes. The platform's default retention exceeds the minimum requirements under both states' schedules.

§ 06 ·Public Records Cooperation

TenYear will provide reasonable assistance to the City in responding to public records requests at no charge for ordinary-course exports and reasonable support requests. Upon request, TenYear will provide data exports in usable formats within five (5) business days.

The City may also fulfill public records requests independently using the Ledger's export functions without contacting TenYear.

§ 07 ·Termination and Wind-Down

Either party may terminate this agreement at any time with thirty (30) days written notice. The City may also terminate immediately without notice.

Upon termination for any reason:

• The City receives a complete export of all data in CSV format
• TenYear will delete or return City data within thirty (30) days after termination, except to the extent continued retention is required by Section 5, applicable public-records or audit-retention law, litigation hold, ordinary backup retention windows, or written City instruction. Any data retained under those exceptions remains subject to these terms.
• TenYear provides written confirmation of data deletion to the City after deletion is complete

If TenYear discontinues the Ledger service, TenYear will provide at least one hundred eighty (180) days written notice to the City before discontinuation. During the notice period, the City retains full access to the Ledger and all export functions.

§ 08 ·Security

TenYear maintains the following security measures for the Ledger:

• Data isolation: each City's data is stored in a logically separated database. No cross-city access is possible.
• Encryption: data is encrypted in transit (TLS 1.2+) and at rest
• Access control: role-based permissions with administrator and staff roles
• Audit logging: all actions are logged with actor identity, timestamp, and IP address. Audit logs are designed to be append-only and not editable by ordinary users or City administrators, subject to backup rotation, lawful deletion, retention limits, and ordinary system maintenance.
• Hosting: data is stored on servers located in the United States
• Authentication: access requires verified email authentication

§ 09 ·Breach Notification

In the event TenYear discovers unauthorized access to or acquisition of unencrypted City data, or another security incident that TenYear reasonably determines materially compromises City data, TenYear will notify the City within seventy-two (72) hours of discovery. Notification will include the nature of the incident, the data affected, steps taken to remediate, and measures to prevent recurrence.

§ 10 ·Liability

TenYear's liability under this agreement is limited to direct damages caused by TenYear's negligence or willful misconduct. TenYear is not liable for indirect, consequential, or punitive damages.

The City is not required to indemnify, defend, or hold harmless TenYear or any of its officers, directors, employees, or agents.

TenYear is an early-stage company and does not currently maintain general liability, cyber liability, or errors-and-omissions insurance. TenYear will bind appropriate coverage prior to commencing any paid engagement, or earlier if requested by the City as a condition of executing this agreement. Certificates of insurance will be provided to City risk management when coverage is in force.

§ 11 ·Governmental Authority

Nothing in this agreement delegates, transfers, or assigns any governmental authority to TenYear. The City retains sole authority over all SDC credit decisions, including issuance, valuation, transfer approval, and expiration, in accordance with applicable law.

• Oregon: SDC credit authority derives from ORS 223.297 to 223.316. The methodology for credit determination, qualified public improvement designation, and credit expiration (10 years per ORS 223.304(5)) are exclusively municipal decisions.
• Washington: Impact fee credit authority derives from RCW 82.02.050 to 82.02.100. Credit valuation (RCW 82.02.060(5)), separate account management (RCW 82.02.070), and refund determinations (RCW 82.02.080) are exclusively municipal decisions.

TenYear does not make decisions about credits on behalf of the City. The Ledger records decisions made by authorized City staff.

§ 12 ·Modifications to Terms

TenYear will provide at least ninety (90) days written notice before making material changes to these terms. The City may terminate this agreement without penalty if it does not agree to the modified terms.

Non-material changes (such as corrections, clarifications, or formatting) may be made with reasonable notice.

§ 13 ·Governing Law and Dispute Resolution

This agreement is governed by the laws of the state in which the City is located. Any dispute arising under this agreement shall be resolved exclusively in the state or federal courts with jurisdiction over the county in which the City is located, unless the parties agree in writing to use the City's standard dispute-resolution process. There is no mandatory arbitration.

§ 14 ·City's Standard Agreement

TenYear is willing to execute the City's standard vendor agreement or intergovernmental agreement template in lieu of or in addition to these terms. Contact us to discuss using your existing agreement template. If TenYear and the City execute a separate written agreement, that agreement controls over these terms to the extent of any conflict.

§ 15 ·Severability

If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary. The remaining provisions remain in full force and effect.

§ 16 ·Contact

Questions about these terms or requests to use your city's standard agreement template: