Factual, Inc. (“Factual”) is pleased to offer you the opportunity to use our Places Insights product on a limited, free trial basis, and any data or functionality that Factual elects in its sole discretion to make available as part of Places Insights. Your free trial use of Places Insights (“PI Product”) is subject to these Terms of Use (“TOU” or “Terms”). By accessing the PI Product, you agree to these Terms on behalf of yourself or the corporation or other legal entity you represent (“Company” or “you”).

Factual may modify these Terms at any time, and you agree to be bound by such modifications if you continue to use the PI Product. Factual will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. Company’s sole remedy for any such modification with which Company disagrees will be to terminate these Terms and stop using the PI Product immediately. If you have entered into a negotiated agreement that has been signed by Factual that governs your use of the PI Product that by its terms supersedes these Terms, your use of the PI Product included in that agreement is governed by such agreement.

  1. License and Acknowledgements
    1. Subject to Company’s compliance with these Terms, during the period of time in which Factual provides access to the PI Product, Factual grants Company a worldwide, non-exclusive, non-sublicensable, non-transferable and royalty-free license to (a) use the Factual provided credentials to access the PI Product solely for the purpose of obtaining Places Insights, for the internal use of Company and its clients; (b) make copies of and share the insights displayed in the PI Product with clients, provided that Company and its clients do not attempt to associate insights with any individual customer or device. Company’s right to use the PI Product is non-assignable.
    2. Company acknowledges that Factual has no liability for its failure to retain or create backups and that Factual may discontinue, limit or remove access to or functionality of the PI Product, at any time and for any reason.
  2. Company Responsibilities
    1. Company shall (a) be responsible for its and its employees compliance with these Terms, (b) comply with applicable law, including the California Consumer Privacy Act (“CCPA”) and any implementing regulations and guidelines, (c) use commercially reasonable efforts to prevent unauthorized access to or use of PI Product and notify Factual promptly of any such unauthorized access or use, and (d) not disclose to any third party (including clients) the access credentials issued by Factual to enable Company’s access to the PI Product. Company will promptly notify Factual of any unauthorized use of such credentials.
  3. Copyright
    1. Company’s acceptance of these Terms evidences acknowledgement that the PI Products including the information, data, analysis, software and other materials contained therein, is compiled, prepared, revised, selected and arranged by Factual and/or its third-party licensors through the expenditure of substantial time, effort and money. All rights to and in the information contained in the PI Product, including, but not limited to, copyright and trade secret rights, are the property of Factual or its licensors and is protected Canadian, U.S. and international copyright, patent, and other intellectual property laws and international treaty provisions. Company does not acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, or copyright in or relating to the PI Product or any part thereof. The information contained in the PI Product and use of this information is only licensed to Company as expressly set out herein, Furthermore, Company shall not be permitted to download or otherwise store any information or data from the PI Product except as expressly provided within the PI Product.
  4. Additional Terms
    1. When using the PI Product, you are subject to any additional policies, guidelines or rules applicable to specific services and features which may be posted on Factual.com from time to time (collectively, the “Additional Terms”), including the terms found at the following link: https://www.factual.com/terms-of-service/ which are incorporated by reference into these Terms of Use. PI Product shall be considered a Service as defined in the Additional Terms. In the event of any conflict or inconsistency between these Terms and any Additional Terms, these Terms will govern.
  5. Termination
    1. Factual may terminate your ability to use the PI Product at any time for any reason or no reason, with or without notice. Additionally, your rights to use the PI Product (including all licenses) will terminate immediately if you breach any of the Terms. Upon termination for any reason, or at Factual’s earlier request, you will immediately cease use of the PI Product and you will immediately delete any material related to the PI Product and you
  6. Entire Agreement; Modifications. These Terms contain the entire agreement of the parties with respect to the subject matter hereof and may not be amended except by a written agreement signed by authorized representatives of each party.