INITIUM SOFTWARE LLC
Terms of Service
We are Initium Software LLC ("Company," "we," "us," "our"), a company registered in The
Commonwealth of Massachusetts, United States at 319 Littleton Rd Ste 306, Westford, MA 01886.
We operate the website http://www.initiumsoftware.com (the "Site"),
as well as any other related products and services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
Instant Address (“Service”, “Service”) is an address management service delivered on the Microsoft Azure
platform that validates and formats mailing addresses and appends address related data. The service includes
18-month National Change of Address (NCOA).
You can contact us by phone at 800-258-7618, email at legal@initiumsoftware.com, or by mail to 319 Littleton Rd Ste
306, Westford, MA 01886, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an
entity ("you"), and Initium Software LLC, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal
Terms will become effective upon posting or notifying you by legal@initiumsoftware.com, as stated in the email
message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the
modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted
to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
Use of Services
Fair Usage. You agree to a Fair Usage policy that limits the number of address validation/NCOA transactions
during the annual contract term (the “Authorized Use”) per your tier shown below. You shall ensure, through
reasonable mechanisms that it will not exceed the authorized use permitted herein. If you exceed this level at
any point during the annual contract term, we reserve the right to increase the annual license cost at the
annual contract renewal date. Upon renewal of the annual contract term the validation transaction number resets
to zero.
Tier (Constituent Count) |
Fair Usage Transactions Per Year |
Tier 1 (1-50,000) |
2 million |
Tier 2 (50,001 - 150,000) |
5 million |
Tier 3 (150,001 - 275,000) |
10 million |
Tier 4 (275,001 - 500,000) |
15 million |
Tier 5 (500,001 +) |
20 million |
Permitted Uses and Your Responsibilities
You agree that the Service shall be used (i) solely for its own internal business purposes and solely for the
purpose of managing addresses; (ii) solely in conjunction with the operating system specified herein (if any);
and (iii) solely on the equipment and at the location (if any) specified herein.
You further agree that all persons who operate or access the Service are your employees (including temporary
employees or individual independent contractors acting on its behalf) and that it shall make all such persons
aware of, and ensure they shall abide by, all material terms and conditions of this Agreement. You shall be
responsible for the acts of all persons in relation to the access or use of the Service.
User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services
through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the
Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Services (or any portion
thereof).
User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
Confidentiality
Each party acknowledges that it may obtain certain valuable information regarding the proprietary information and
business of the other party during the course of this Agreement, including data, the Product, the terms of this
Agreement, business plans, pricing and marketing and sales strategies, and other materials and information
regarding the other party's business operations (the "Proprietary Information"); provided, however, that
“Proprietary Information” shall not include any information that (i) becomes publicly available other than by a
breach of this Agreement, (ii) is rightfully received by either party from a third party who is not under an
obligation of confidentiality with respect thereto, or (iii) can be demonstrated to have been independently
developed by such party without access to or use of any of the Proprietary Information of the other party.
Each party shall at all times keep and maintain the confidentiality of all Proprietary Information and shall not
use or reproduce the Proprietary Information except as expressly permitted herein and shall not disclose any
Proprietary Information to any third party. Each party shall only disclose Proprietary Information (i) to those
of its employees, agents and subcontractors on a need-to-know basis and only after first obtaining from any such
of its employees, agents and subcontractors that has access to the other party's Confidential Information a
written agreement by such party to abide by the nondisclosure requirements of this Agreement, or (ii) as it may
be duly ordered to disclose to a judicial or administrative agency of competent jurisdiction, provided that the
disclosing shall give other party reasonable notice of such order and a timely opportunity to attempt to
preclude or limit such production.
Limitations Of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct,
indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost
revenue, loss of data, or other 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 cause whatsoever and regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US
state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation
of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not
apply to you, and you may have additional rights.
Indemnification
In no event shall we be liable to you for special, incidental, consequential, exemplary, punitive, multiple or
other indirect damages, or for loss of profits, loss of data or loss of use damages, arising out of this
agreement, whether based upon warranty, contract, tort, statute, strict liability or otherwise, even if we have
been advised of the possibility of such damages or losses. In no event shall our aggregate liability to you
under this agreement or for any matter or cause of action resulting from, arising out of or relating to this
agreement exceed the initial license fee paid to us by you pursuant to this agreement.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of
the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising from any such loss or corruption of
such data.
Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict
of law provisions thereof. Both parties consent to the exclusive jurisdiction of the state and federal courts
located in Middlesex County, Massachusetts in connection with any controversy arising out of or in connection
with this Agreement.
Instant Address
Privacy Policy
Initium Software (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how
your personal information is collected and used by Initium Software. All personal information that we collect
and maintain shall be subject to our Privacy Policy and current laws in effect at the time of collection.
This Privacy Policy applies to our website, and its associated subdomains (collectively, our “Service”) alongside
our application, Instant Address. By accessing or using our Service, you signify that you have read, understood,
and agree to our collection, storage, and use of your personal information as described in this Privacy Policy
and our Terms of Service.
Definitions and Key Terms
To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are
referenced, are strictly defined as:
-
Cookie: small amount of data generated by a website and saved by your web browser. It is
used to identify your browser, provide analytics, remember information about you such as your language
preference or login information.
-
Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Initium
Software LLC, (319 Littleton Rd Ste 306 Westford, MA 01886-4100) that is responsible for your information
under this Privacy Policy.
-
Country: where Initium Software or the owners/founders of Initium Software are based, in
this case is United States
-
Customer: refers to the company, organization or person that signs up to use the Initium
Software Service to manage the relationships with your consumers or service users.
-
Device: any internet connected device such as a phone, tablet, computer or any other device
that can be used to visit Initium Software and use the services.
-
IP address: Every device connected to the Internet is assigned a number known as an
Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can
often be used to identify the location from which a device is connecting to the Internet.
-
Personnel: refers to those individuals who are employed by Initium Software or are under
contract to perform a service on behalf of one of the parties.
-
Personal Data: any information that directly, indirectly, or in connection with other
information — including a personal identification number — allows for the identification or identifiability
of a natural person.
-
Service: refers to the service provided by Initium Software as described in the relative
terms on this platform.
-
Third-party service: refers to advertisers, contest sponsors, promotional and marketing
partners, and others who provide our content or whose products or services we think may interest you.
-
Website: Initium Software’s site, which can be accessed via this URL:
https://www.initiumsoftware.com
- You: a person or entity that is registered with Initium Software to use the Services.
Data privacy
When you submit a request, data or information in your possession or under your control is sent to Instant
Address to be verified, we will process such request and return the data or information to you.
Your responsibilities
-
By using our services, you authorize us to process your data in accordance with applicable laws and in
accordance with our Terms of Service.
-
You are responsible to have a lawful basis for requesting data or information for processing that you submit
to us.
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You are responsible for maximizing the security of your data or information by not submitting and/or
restricting unnecessary personal information and further agree to indemnify us of privacy violation claims
if you do.
Our responsibilities
-
We will not sell or share your data or information with any third-party entities unless legally mandated by
a court order.
-
We minimize all security risks by encrypting all data or information you submit to us both active or at
rest.
-
We maintain appropriate administrative and physical security measures to protect against unauthorized
access.
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We will manage and protect your data or information in accordance with our Terms of Service and Data
Governance Policy.
Information automatically collected
There is some information like your Internet Protocol (IP) address and/or browser and device characteristics — is
collected automatically when you visit our platform or consume our service. This information may be used to
connect your computer to the Internet. Other information collected automatically could be a login, e-mail
address, password, computer and connection information such as browser plug-in types and versions and time zone
setting, operating systems and platforms, the full Uniform Resource Locator (URL) clickstream to, through and
from our Website that may include date and time; cookie number; parts of the site you viewed or searched for. We
may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects) or similar
data on certain parts of our Website for fraud prevention and other purposes. During your visits, we may use
software tools such as JavaScript to measure and collect session information including page response times,
download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and
mouse-overs), and methods used to browse away from the page. We may also collect technical information to help
us identify your device for fraud prevention and diagnostic purposes.
We automatically collect certain information when you visit, use or navigate the platform. This information does
not reveal your specific identity (like your name or contact information) but may include device and usage
information, such as your IP address, browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location, information about who and when you use our and
other technical information. This information is primarily needed to maintain the security and operation of our
platform, and for our internal analytics and reporting purposes.
Personnel
If you are an Initium Software worker or applicant, we collect information you voluntarily provide to us. We use
the information collected for Human Resources purposes in order to administer benefits to workers and screen
applicants.
You may contact us in order to (1) update or correct your information, (2) change your preferences with respect
to communications and other information you receive from us, or (3) receive a record of the information we have
relating to you. Such updates, corrections, changes and deletions will have no effect on other information that
we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior
to such update, correction, change or deletion.
Sale of Business
We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of
all or substantially all of the assets of Initium Software or any of its Corporate Affiliates (as defined
herein), or that portion of Initium Software or any of its Corporate Affiliates to which the Service relates, or
in the event that we discontinue our business or file a petition or have filed against us a petition in
bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of
this Privacy Policy.
Governing Law
This Privacy Policy is governed by the laws of United States without regard to its conflict of laws provision.
You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between
the parties under or in connection with this Privacy Policy except for those individuals who may have rights to
make claims under Privacy Shield, or the Swiss-US framework.
The laws of United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the
website. Your use of the website may also be subject to other local, state, national, or international laws.
By using Initium Software or contacting us directly, you signify your acceptance of this Privacy Policy. If you
do not agree to this Privacy Policy, you should not engage with our website, or use our services. Continued use
of the website, direct engagement with us, or following the posting of changes to this Privacy Policy that do
not significantly affect the use or disclosure of your personal information will mean that you accept those
changes.
Your Consent
We've updated our Privacy Policy to provide you with complete transparency into what is being set when you visit
our site and how it's being used. By using our website, registering an account, or making a purchase, you hereby
consent to our Privacy Policy and agree to its terms.
Links to Other Websites
This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated
or controlled by Initium Software. We are not responsible for the content, accuracy or opinions expressed in
such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.
Please remember that when you use a link to go from the Services to another website, our Privacy Policy is no
longer in effect. Your browsing and interaction on any other website, including those that have a link on our
platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or
other methods to collect information about you.
Cookies
Initium Software uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small
piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the
performance and functionality of our website but are non-essential to their use. However, without these cookies,
certain functionality like videos may become unavailable or you would be required to enter your login details
every time you visit the website as we would not be able to remember that you had logged in previously. Most web
browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to
access functionality on our website correctly or at all. We never place Personally Identifiable Information in
Cookies.
Blocking and disabling cookies and similar technologies
Wherever you're located you may also set your browser to block cookies and similar technologies, but this action
may block our essential cookies and prevent our website from functioning properly, and you may not be able to
fully utilize all of its features and services. You should also be aware that you may also lose some saved
information (e.g. saved login details, site preferences) if you block cookies on your browser. Different
browsers make different controls available to you. Disabling a cookie or category of cookie does not delete the
cookie from your browser, you will need to do this yourself from within your browser, you should visit your
browser's help menu for more information.
Changes To Our Privacy Policy
We may change our Service and policies, and we may need to make changes to this Privacy Policy so that they
accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example,
through our Service) before we make changes to this Privacy Policy and give you an opportunity to review them
before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Privacy
Policy. If you do not want to agree to this or any updated Privacy Policy, you can delete your account.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and
other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Initium Software shall not be responsible for any Third-Party Services, including
their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any
other aspect thereof. Initium Software does not assume and shall not have any liability or responsibility to you
or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them
entirely at your own risk and subject to such third parties' terms and conditions.
Information about General Data Protection Regulation (GDPR)
We may be collecting and using information from you if you are from the European Economic Area (EEA), and in this
section of our Privacy Policy we are going to explain exactly how and why is this data collected, and how we
maintain this data under protection from being replicated or used in the wrong way.
What is GDPR?
GDPR is an EU-wide privacy and data protection law that regulates how EU residents' data is protected by
companies and enhances the control the EU residents have, over their personal data.
The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU residents. Our
customers’ data is important irrespective of where they are located, which is why we have implemented GDPR
controls as our baseline standard for all our operations worldwide.
The Data Protection Principles include requirements such as:
-
Personal data collected must be processed in a fair, legal, and transparent way and should only be used in a
way that a person would reasonably expect.
-
Personal data should only be collected to fulfil a specific purpose and it should only be used for that
purpose. Organizations must specify why they need the personal data when they collect it.
- Personal data should be held no longer than necessary to fulfil its purpose.
-
People covered by the GDPR have the right to access their own personal data. They can also request a copy of
their data, and that their data be updated, deleted, restricted, or moved to another organization.
Why is GDPR important?
GDPR adds some new requirements regarding how companies should protect individuals' personal data that they
collect and process. It also raises the stakes for compliance by increasing enforcement and imposing greater
fines for breach. Beyond these facts it's simply the right thing to do. At Initium Software we strongly believe
that your data privacy is very important and we already have solid security and privacy practices in place that
go beyond the requirements of this new regulation.
Individual Data Subject's Rights - Data Access, Portability and Deletion
We are committed to helping our customers meet the data subject rights requirements of GDPR. Initium Software
processes or stores all personal data in fully vetted, DPA compliant vendors. We do store all conversation and
personal data for up to 6 years unless your account is deleted. In which case, we dispose of all data in
accordance with our Terms of Service and Privacy Policy, but we will not hold it longer than 60 days.
We are aware that if you are working with EU customers, you need to be able to provide them with the ability to
access, update, retrieve and remove personal data. We got you! We've been set up as self service from the start
and have always given you access to your data and your customers data. Our customer support team is here for you
to answer any questions you might have about working with the API.
California Residents
The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect
and how we use it, the categories of sources from whom we collect Personal Information, and the third parties
with whom we share it, which we have explained above.
We are also required to communicate information about rights California residents have under California law. You
may exercise the following rights:
-
Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories
of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information
are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4)
specific pieces of Personal Information we have collected about you.
- Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
-
Right to Delete. You may submit a verifiable request to close your account and we will delete Personal
Information about you that we have collected.
- Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights,
please contact us.
We do not sell the Personal Information of our users.
For more information about these rights, please contact us.
Contact Us
Don't hesitate to contact us if you have any questions.
Via Email: support@initiumsoftware.com