Terms of Service

The Services are intended for commercial, business, governmental, and other institutional users. You represent and warrant that: (a) you are at least 18 years of age and authorized to bind the entity on whose behalf you accept these Terms; (b) you are not located in, and will not access the Services from, a jurisdiction subject to U.S. embargo or on any U.S. government restricted-party list; and (c) all information you provide to 365 is true, accurate, and complete.

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity occurring under your account.

Data provided by 365 may include consumer information governed by U.S. federal and state law. You acknowledge and agree that you will access and use the Services and any data obtained from 365 ("365 Data") solely for a Permissible Purpose and in strict compliance with all applicable laws, including without limitation:

• Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. — 365 Data is not a "consumer report" as defined by the FCRA and may not be used, in whole or in part, to determine a consumer's eligibility for credit, insurance, employment, housing, or any other purpose enumerated in 15 U.S.C. § 1681b. You agree not to use 365 Data for any FCRA- regulated purpose.
• Gramm-Leach-Bliley Act (GLBA), 15 U.S.C. § 6801 et seq., and the Driver's Privacy Protection Act (DPPA), 18 U.S.C. § 2721 et seq. — where 365 Data is sourced under a GLBA or DPPA permissible purpose, you certify the specific permissible purpose for which you are requesting and using the data and will not re-use it for any other purpose.
• State privacy and data broker laws, including but not limited to the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Virginia CDPA, Colorado CPA, Connecticut CTDPA, Utah UCPA, Texas TDPSA, and Vermont and California data broker registration statutes.
• Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing, autodialer, and "do-not-call" laws. 365 Data may not be used to initiate unsolicited telemarketing, automated calls, prerecorded messages, SMS/MMS campaigns, or commercial email except where you have independently obtained all legally required consents.
• Anti-discrimination laws, including the Equal Credit Opportunity Act (ECOA), Fair Housing Act, Title VII, and ADA. 365 Data may not be used to discriminate on any characteristic protected by federal, state, or local law.
• U.S. economic sanctions administered by OFAC, the Export Administration Regulations, anti-money laundering laws, and the USA PATRIOT Act.

You certify the permissible purpose for each request, and you agree that 365 may rely on that certification. 365 may audit your use of the Services and require additional certifications, attestations, or documentation at any time.

You will not, and will not permit any third party to:

• Use the Services or 365 Data to make any decision regarding consumer credit, insurance, employment, housing, government benefits, professional licensing, or any other purpose subject to the FCRA;
• Use 365 Data to harass, stalk, intimidate, dox, threaten, defame, or harm any individual, or to facilitate identity theft or fraud;
• Resell, sublicense, redistribute, publish, or make 365 Data available to any third party except as expressly permitted in a Customer Agreement;
• Append, enrich, or commingle 365 Data with consumer marketing or advertising databases, or use 365 Data for targeted advertising, behavioral profiling, or audience segmentation;
• Reverse engineer, scrape, crawl, decompile, or attempt to derive the source code, models, or underlying data structures of the Services;
• Circumvent rate limits, authentication, security controls, or usage measurement; introduce malware; or interfere with the integrity or performance of the Services;
• Use the Services to train, fine-tune, evaluate, benchmark, or improve any machine-learning model, large language model, or generative AI system without 365's prior written consent;
• Use the Services in violation of any applicable law, regulation, court order, or third-party right.

Violation of this section is a material breach and may result in immediate suspension or termination of access, forfeiture of fees paid, and referral to law enforcement or regulatory authorities.

Subject to your continuous compliance with these Terms and payment of all applicable fees, 365 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and 365 Data solely for your internal business purposes and the Permissible Purpose certified.

All right, title, and interest in and to the Services, 365 Data, documentation, software, APIs, models, trademarks, and any derivatives or improvements thereto are and remain the exclusive property of 365 and its licensors. No license is granted by implication, estoppel, or otherwise.

You agree to pay all fees as set forth in your Customer Agreement or order form. Fees are exclusive of taxes, duties, and similar governmental assessments, which are your responsibility (other than taxes on 365's net income). Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. 365 may suspend the Services for nonpayment after notice.

365 Data is compiled from public records and authorized third-party sources. Records may be incomplete, outdated, or contain errors. 365 does not independently verify, and makes no representation regarding, the accuracy, completeness, currency, or reliability of any individual record.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND 365 DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 365 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 365, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

365'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO 365 FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

The foregoing limitations apply notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, 365's liability is limited to the maximum extent permitted by law.

You will defend, indemnify, and hold harmless 365, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all third-party claims, losses, damages, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services or 365 Data; (b) your breach of these Terms or any Customer Agreement; (c) your violation of any applicable law or third-party right, including the FCRA, GLBA, DPPA, TCPA, or any consumer privacy law; or (d) any decision, communication, or action you take based on 365 Data.

Each party agrees to protect the other's Confidential Information using the same degree of care it uses for its own confidential information, but in no event less than reasonable care, and to use Confidential Information solely to perform under or exercise rights granted by these Terms. 365 Data is the Confidential Information of 365.

You agree to implement and maintain administrative, technical, and physical safeguards reasonably designed to protect 365 Data against unauthorized access, use, modification, or disclosure, consistent with industry standards and applicable law. You will promptly notify 365 in writing (and in no event later than 48 hours) upon discovery of any suspected or actual unauthorized access to or disclosure of 365 Data, and will cooperate with 365's investigation and remediation efforts.

365 may suspend or terminate your access to the Services immediately and without prior notice if 365 reasonably believes that: (a) you have violated these Terms or any Customer Agreement; (b) your use poses a security, legal, or reputational risk to 365 or any third party; or (c) suspension or termination is required by law, regulation, or competent authority.

Upon termination, all licenses granted to you immediately cease and you must permanently delete all 365 Data in your possession or control and certify deletion in writing upon request. Sections 2 (Permissible Use), 3 (Prohibited Uses), 4 (IP), 6–10, and 12–14 survive termination.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Lee County, Florida, for any action not subject to arbitration.

Binding Arbitration. Except for claims for injunctive relief or intellectual property infringement, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, before a single arbitrator, in Lee County, Florida. The arbitrator's award is final and may be entered in any court of competent jurisdiction.

Class Action Waiver. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

You will comply with all U.S. and foreign export control, re-export, and sanctions laws and regulations. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not on any restricted-party list maintained by the U.S. government or any other competent authority.

Entire Agreement. These Terms, together with any applicable Customer Agreement and our Privacy Rights and Disclaimer, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements and understandings.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without 365's prior written consent. 365 may assign these Terms without restriction.

Severability; Waiver. If any provision is held unenforceable, the remaining provisions remain in full force. No failure or delay in exercising any right is a waiver of that right.

Force Majeure. Neither party is liable for any delay or failure to perform resulting from causes beyond its reasonable control.

Notices. Legal notices to 365 must be in writing and delivered to the address below.

support@365datasolutions.com