By participating in the Engine beta program and using the Engine SDK (“Engine SDK”) and related Engine services (the Engine SDK and related Engine services collectively, the “Engine Services”), you agree to these Engine Beta Terms on behalf of yourself and any entity (e.g., your employer) on whose behalf you use the Engine Services. Unless/until Factual changes these Engine Beta Terms or notifies you otherwise, these Engine Beta Terms replace the standard Factual Terms of Service for all purposes related to the Engine Services beta program.
Factual may modify these Engine Beta Terms at any time, and you agree to be bound by such modifications if you continue to use the Engine Services. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you have entered into a negotiated agreement that has been signed by Factual that governs your use of the Engine Services that by its terms supersedes these Engine Beta Terms, your use of the Engine Services included in that agreement is governed by such agreement.
You can only use the Engine Services if you are at least 13 of age or older and you get consent from your parent or guardian. Without a parent or guardian’s consent, you must be at least age 18 to use the Engine Services. If you are over 13 but under 18, then your parent or guardian needs to review these Engine Beta Terms and you can only use the Engine Services if both you and your parent or guardian agree to these Engine Beta Terms. Your parent or guardian must accept these Engine Beta Terms on your behalf when your account is created.
If you are the parent or guardian of a child who is over 13 but under 18, then you accept full responsibility for that child’s use of the Engine Services, including any fees and all legal liability incurred by your child.
At this time, the Engine Service provided as part of this beta program is only intended for the United States. If you have country or region-specific builds, please only deploy the Engine SDK in the U.S. build of your application (“App”). Factual requires that you comply with all applicable privacy laws, regulations and self-regulatory principles – including laws, rules and principles applicable outside the U.S. – because the Engine SDK may collect data from devices that are located outside the U.S. (e.g., if the Engine SDK is installed on a device that is registered to a U.S. carrier and the device is then taken outside the U.S.). Please see the Compliance section below for more information.
ACCOUNTS, PASSWORDS, APIS
To use the Engine Services, including the Engine SDK, you will be required to create an account. Any information submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs in your account. You should keep your password and API key confidential and notify us immediately of any unauthorized use of your account. You cannot share your API key with any third party (except for contractors helping you with your own App). You may only use the API provided as part of the Engine Services for the purpose of using the Engine Services as described in these Engine Beta Terms. We reserve the right to close your account at any time for any or no reason, with or without notice, and in such case, you may not reopen an account without our express written permission.
Factual grants you a nonexclusive, non-transferable license to (a) implement the Engine SDK in your Apps solely for the purpose of using the Engine Services via the Apps and (b) use the Engine Services solely for the purpose of providing features, services, customized content or offers to end users through the Apps. You may not use the Engine Services to build end user profiles for any reason, including targeting advertising.
FACTUAL’S DATA COLLECTION AND USE
The Engine SDK may collect precise location data as defined by the Digital Advertising Alliance and other information (e.g., IDFAs, end user check ins, debugging and configuration data, etc.) and return this data to Factual.
You grant Factual an exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable license to collect data via the Engine Services, store such data and copy, modify, distribute, publicly display and/or perform, create derivative works and otherwise use the data for the purposes of providing Factual’s services, which may include giving Factual clients, their customers and their sublicensees the ability to target advertising, personalize content, analyze the effectiveness of ad campaigns and personalization, optimize ad campaigns and other online or digital media, assess industry trends, providing raw data, and supplying any other products or services offered by Factual to Clients, directly or indirectly (e.g., through third parties such as demand side platforms and supply side platforms).
Your Obligations. Without limiting your other obligations in the Engine Beta Terms, you must:
- Comply with all applicable laws and regulations, including but not limited to the Children’s Online Privacy Protection Rule (“COPPA”).
- Comply with all industry self-regulatory principles, including but not limited to:
- The Digital Advertising Alliance (“DAA”) Self-Regulatory Principles (including the “Application of Self-Regulatory Principles to the Mobile Environment” and “Application of the Principles of Transparency and Control to Data Used Across Devices” and other updates to and DAA guidance on the foregoing) (collectively, the “DAA Principles”).
- The Network Advertising Initiative Code of Conduct (“NAI Code”).
- The European Directives on Data Protection (95/46/EC) and 2002/58/EC (as amended by Directive 2009/136/EC), including any legislative and/or regulatory amendments or successors thereto (including the General Data Protection Regulation), and any applicable implementing local legislation within the European Economic Area (“EEA Rules”).
- The Principles of the European Interactive Digital Alliance, currently available at http://www.edaa.eu/european-principles/, as such set of principles may be amended from time to time (“EDAA Principles”).
- Honor user opt-out signals from operating system and in-app opt-outs, and do not otherwise seek to override user choice
- Obtain end user Consent to the collection of such data. “Consent” is defined by the DAA Principles and the EEA Rules, as applicable. In all cases, “Consent” means an affirmative consent that has not been subsequently revoked by the end user.
- Comply with all applicable third party requirements, including but not limited to the terms of service of any distribution sources (e.g., any app store from which a App may be obtained).
- If the EEA Rules require it, inform end users about Factual’s specific identity and the duration for which the information would be kept and whether it would be passed to third parties.
- Promptly upon Factual’s written request, provide Factual with the name of the individual App using the Engine SDK. In addition, within a reasonable timeframe, you will provide Factual with such assistance as Factual may request in order to demonstrate that these obligations have been met, including, but not limited to, providing copies of notices provided to end users or policies posted, and copies or other evidence of the Consent obtained from end users.
We may terminate your ability to use the Engine Services at any time for any reason or no reason, with or without notice. Additionally, your rights to use the Engine Services (including all licenses) will terminate immediately if you breach any of the Engine Beta Terms. Promptly upon termination of your account or the Engine Service beta program, you will remove the Engine SDK from your Apps. As to Apps already installed on end user devices, you will update such Apps as quickly as is technically feasible to remove the Engine SDK, within the bounds set by any applicable third party terms (e.g., an app store).
By way of example, and not as limitation, you may not do any of the following:
- Reverse engineer, decompile, modify, adapt or create derivative works of the Engine SDK (in whole or in part).
- Attempt to access or receive the data stored by Factual on end user devices in connection with the Engine Services or collected by the Engine SDK, or attempt to scrape, modify or copy the data.
- Alter the Engine SDK to change the data the Engine SDK collects and sends to Factual or prevent the collection and provision of any data to Factual.
- Sell, resell, redistribute, or sublicense the Engine Services or otherwise charge third parties for access to the Engine Services.
- Install the Engine SDK in any App directed at children or used by a large proportion of children, or where you have knowledge of someone’s age under 13, unless you have prior written parental consent.
- Use the Engine SDK in connection with any API key other than the API key provided by Factual for the Engine Services.
- Use the Engine Services in connection with anything that:
- is illegal, defamatory, discriminatory, libelous, deceptive, fraudulent, obscene, or offensive;
- defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
- contains software viruses or other malicious code; or
- violates any third-party rights or agreement.
- Take any action that interferes or may interfere with the Engine Service, including but not limited to:
- deleting any copyright or proprietary notices;
- creating user accounts or location data by automated or fraudulent means;
- impersonating any person or entity; or
- using the Engine Services for any illegal purpose.
- Use the Engine Services in a manner that would violate laws prohibiting discrimination or to determine adverse terms and conditions of or ineligibility for employment, credit, health care treatment or insurance.
SERVICE MODIFICATIONS AND AVAILABILITY
Factual reserves the right to modify or discontinue any or all of the Engine Services at any time, for any or no reason, with or without notice. We may also schedule system downtime and unplanned system outages may occur. We do not guarantee that applications developed on a prior Engine SDK will be compatible with future versions of the Engine SDK.
Factual may provide you with updates to the Engine SDK that requires you to obtain App Store approval. In addition, Factual reserves the right to release unscheduled binary updates in order to address and fix unforeseen issues or improve the function of the Engine SDK.
All of the information and data made available via the website www.factual.com and any other site Factual provides in connection with the Engine Services (“Site Data”) is provided solely to enable you to learn about Factual and the Engine Services. You are not licensed to store, copy, or use any Site Data for any other purpose.
PROPRIETARY RIGHTS AND TRADEMARK
All Factual trademarks, service marks, logos, and trade names (“Factual Marks”) are owned solely by Factual. All third-party trademarks, service marks, logos, and trade names are the property of their respective owners and their use within the Engine Services is not meant to convey any relationship with or endorsement by such third parties. Except as expressly authorized by Factual, you may not use or display any mark, name, trade name, or logo appearing within the Engine Services without the owner’s prior consent or other legal authorization.
DISCLAIMERS, NO WARRANTIES
The Engine Services are provided as a beta version of a product in development. Your use of the Engine Services is at your own risk. Factual provides the Engine SDK, Engine Data and Beta Services “as is” and “as available.” To the fullest extent permitted by applicable law, Factual and its shareholders, subsidiaries, affiliates, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors (“Factual Entities”) disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular use or purpose, performance, accuracy, reliability and non-infringement. Among other things, the Factual Entities make no warranty that: (a) the Engine Services will meet your requirements; (b) the Engine Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the information that may be obtained from the Engine Services will be accurate or reliable. Without limiting the foregoing, (i) the Factual Entities shall have no liability whatsoever for the unavailability of the Engine Services or for any loss of data or outages and (ii) under no circumstances shall the Factual Entities be responsible for any loss or damage, including property damage, personal injury or death, arising from or related to the Engine Services.
LIMITATION OF LIABILITY
In no event shall the Factual Entities be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to the Engine Services or your use of the Engine Services, even if the Factual Entities have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Factual Entities’ liability to you for any damages arising from or related to the Engine Services or your use of the Engine Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of $5 or the amounts you have paid to Factual for the Engine Services, if any. This limitation of liability inures to the benefit of any successor to the Factual Entities and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You will indemnify, defend, and hold harmless the Factual Entities from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) arising from or related to your use of the Engine Services, your application and everything associated with your application (including services, content and other digital properties), your violation of any applicable laws or regulations, and your breach of any of these Engine Beta Terms.
Factual’s failure to exercise or enforce any right or provision of these Engine Beta Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Engine Beta Terms will be effective only if made explicitly, in writing and signed by Factual.
RELATIONSHIP OF PARTIES
These Engine Beta Terms do not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. These Engine Beta Terms are solely between you and Factual and are not for the benefit of any third party.
GOVERNING LAW AND JURISDICTION, ARBITRATION
These Engine Beta Terms are governed by the laws of the State of California. You are responsible for complying with all applicable local laws, both within and outside the United States, including laws that would require you not to use the Engine Services. Any action arising under or related to these Engine Beta Terms will be resolved by arbitration (and the parties hereby consent to personal jurisdiction) in Los Angeles County, California, in accord with the Commercial Dispute Resolution Procedures of the American Arbitration Association and, in the case of injunctive or provisional relief, the Rules for Emergency Measures of Protection. The arbitration will be decided by a single arbitrator whose decision will be final and binding and may be enforced in any court of competent jurisdiction. The prevailing party is entitled to reasonable attorneys’ fees and costs. The arbitration will be kept confidential except as required by law. Any claims arising under or related to these Engine Beta Terms must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
The Engine Beta Terms (including all relevant Additional Terms) are the entire agreement between you and Factual relating to the subject matter herein and cannot be modified except in a writing signed by both parties, or by a change made by Factual as set forth above.