Factual Terms of Service

By using the website at www.factual.com or any portion of the site (the "Site"), any Factual APIs (“APIs”), any data obtained from Factual (“Data”) or any other services provided by Factual Inc. (the Site, the APIs, the Data and all other Factual services, collectively, the "Services"), you are agreeing to these Terms of Service. If you are under 18 years of age, you may not use the Services. Factual may modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions if you continue to use the 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 Services that by its terms supersedes these Terms of Service, your use of the Services is governed by such agreement.

When you use Data or other Services to provide your services to end users, you will pass on the restrictions in these Terms of Services to such end users in a legally-binding manner. You are responsible for ensuring that all such third parties comply with these Terms of Service. You agree not to grant rights that are broader than those granted in these Terms of Service in connection with such third-party uses.

  1. Accounts and Passwords

    To use some of the Services, including the APIs, you may be required to create an account. Any required fields that are 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/or API key confidential and notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, and in such case, you may not reopen your account without our express written permission.

  2. Additional Terms

    When using the Services, you are subject to any additional policies, guidelines or rules applicable to specific services and features which may be posted from time to time (collectively, the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms. If you use the Geotag service, you will comply with the requirements at https://www.openstreetmap.org/, including any applicable requirements that you credit OpenStreetMaps or its contributors. In addition, you will display the Factual ID in machine-readable format anywhere Data is used or displayed.

  3. Termination

    We may terminate your ability to use the Services without liability at any time for any reason, with or without notice. Additionally, your rights to use the Services will terminate immediately if you violate any of the terms and conditions herein. In either such event or at Factual’s request, you will immediately delete any Data or other materials you have obtained by using the Services.

  4. API Usage

    Factual may restrict access to the APIs, such as by imposing daily usage limits or suspending or throttling Services. You will not attempt to circumvent such restrictions (such as by using multiple IP addresses or multiple user accounts). Factual may at any time change the specifications of or impose new restrictions on access to the APIs. Factual does allow for caching of Data provided through the APIs provided you delete Data in compliance with all expiry headers, but encourages use of the APIs and other Services that provide more accurate and up-to-date values.

  5. User Content

    If you contribute data or other content (“User Content”) to Factual, you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use your User Content for any purpose, including displaying your User Content on the Site and elsewhere and creating derivative works, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your User Content. We have no obligation to monitor User Content but we reserve the right to delete or modify User Content at any time, for any or no reason.

    You represent and warrant that your User Content does not contain material or links to material that infringes upon any third party rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights and authority to provide the license described above.

  6. Prohibited Uses

    You may not do any of the following with the Services (for clarity, including any Data obtained through the Services):

    • sell, resell, redistribute, or sublicense the Services or otherwise charge third parties for access to the Services;
    • use the Services for customer or lead generation, marketing or sales research, store location planning, enriching or cleaning your own data, or inclusion in paid services (contact Factual if you are interested in any of these use cases);
    • use the Services in connection with any advertising, including but not limited to online ad targeting, building user profiles or other audience data, attribution or other analytics, or any advertising or data platform (e.g. any DMP, DSP, ad exchange or supply-side platform);
    • systematically query the Services in a manner to obtain and cache all or a substantial portion of the Data for a given locality, region, country, or other data set or subset (e.g. consumer products);
    • reverse engineer, decompile, disassemble, modify or adapt the Services, merge any Factual software into another program, or create derivative works of the Services;
    • use any portion of the Services to (a) offer any product or service that competes with Factual, (b) provide third parties with any of the Data except in conjunction with a product or service of your own, or (c) provide any of the Data to third parties in bulk;
    • upload any User Content that:
      • is illegal, defamatory, libelous, deceptive, fraudulent, obscene or offensive;
      • is not relevant, accurate, or representative of your knowledge of a place;
      • contains software viruses or other code designed to disrupt our systems or the systems of any third parties;
      • violates any third-party rights or agreement;
    • take any action that interferes or may interfere with the Services, including but not limited to:
      • placing an unreasonable load on Factual infrastructure;
      • circumventing security features, including those used to prevent or restrict access to or use of the Services;
      • deleting any copyright or proprietary notices;
      • creating user accounts by automated means;
      • impersonating any person or entity;
      • using the Services for any illegal purpose;
      • using any embeddable or syndicatable features of the Services in a way that alters or circumvents how Factual designed such features to be used; or
      • using any embeddable or syndicatable features of the Services for the primary purpose of gaining advertising or subscription revenue.
  7. Privacy Policy

    When you use the Services, you and we are subject to the Factual Privacy Policy.

  8. Service Modifications and Availability, Fees

    Factual reserves the right to modify or discontinue the Services at any time, for any or no reason, and without notice or liability. We may also schedule system downtime and unplanned system outages may occur.

    Factual reserves the right to charge fees for all or part of the Services. If Factual decides to charge fees for Services, such fees and additional terms and conditions will be disclosed to you prior to the effective date when such fees or requirements would be imposed. If you do not agree to such charges at the time of the fee disclosure, simply discontinue your use of the Services.

  9. Proprietary Rights and Trademark

    All Factual trademarks, service marks, logos and trade names 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 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 Services without the owner's prior consent or other legal authorization. 

    Factual hereby grants you a limited license to use its marks in association with embeddable or syndicatable features of the Services, or with uses of the APIs, provided that your use of such features (a) does not alter or modify any brand features Factual makes available for use with such features and APIs, (b) complies with Factual's then-current brand usage policies located at https://www.factual.com/trademarks which Factual reserves the right to revise, in its sole discretion, from time to time, and (c) complies with all other terms and conditions herein. You shall provide the following attribution to Factual in-app and on a corresponding website, as applicable to the type of Data you use: 

    Places data powered by Factual Inc. (http://www.factual.com)
    Geography data powered by Factual Inc. (http://www.factual.com)
    CPG data powered by Factual Inc. (http://www.factual.com)

    Factual reserves all rights not expressly granted in these Terms of Service.

  10. Disclaimers, No Warranties

    The Services are provided as-is and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. For example, Factual is not responsible for any inaccuracies in any materials or Data accessed via the Services regardless of the cause. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users. We shall have no liability whatsoever for the unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Under no circumstances shall we be responsible for any loss or damage, including property damage, personal injury or death, resulting from use of the Services or anything downloaded or received from the Services.

  11. Limitations of Liability

    In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amounts you have paid to Factual for the Services, if any. You understand and agree that the download and upload of any material through this Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. The limitations of liability provided in these Terms of Service inure to the benefit of Factual inc., shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents 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.

  12. Indemnity

    You will indemnify, defend and hold harmless Factual, its shareholders, subsidiaries, affiliates, officers, directors, employees, agents, business partners, vendors, clients and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Services, including APIs, provided hereunder by Factual, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.

  13. Waiver

    The failure of Factual to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Factual.

  14. Relationship of Parties

    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and Factual and are not intended to be for the benefit of any third party.

  15. Governing Law and Jurisdiction, Arbitration

    Factual is run out of the United States. These Terms of Service shall be governed by the laws of the State of California. If you use the Services outside the United States, you are responsible for following applicable local laws. Any action arising under or related to these Terms of Service 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 Optional 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 Terms of Service 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.

  16. Entire Agreement

    This is the entire agreement between you and Factual relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Service or Guidelines made by Factual as set forth in Section 8 above.

Revised: December 11, 2015