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.
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 |
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.
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).
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.
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.
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.
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.
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.
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.
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.
To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are referenced, are strictly defined as:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
Don't hesitate to contact us if you have any questions.
Via Email: support@initiumsoftware.com