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Acceptable Use Policy

TrueData Acceptable Use Policy

  1. Permitted Use

    1. Definitions
      1. “Content” means any content provided through the DATA SERVICES (whether created by TRUEDATA or its third party licensors). 
      2. “Developed Application” means a software application or website that uses the DATA SERVICES to obtain and display Content in conjunction with Developer Content, according to the Agreement.
      3. “End User” means the individual who has purchased access to Your Developed Application under Your end user license agreement.
      4. “Developer Content” means any content that You provide in Your Developed Application, including data, images, video, or software. Your Content does not include the Content.
      5. “DATA SERVICES” includes all current and future offerings from TRUEDATA, including but not limited to data files and APIs. 
    2. Service License. Subject to the terms of the Agreement and the payment of applicable fees, TRUEDATA gives You a non-exclusive, non-transferable, non-assignable, royalty-free, worldwide right and license to use the DATA SERVICES to provide Content to Your End Users solely through the Developed Application.
    3. Content License
      1. Content is not intended to be used in high risk applications such as weapon control or emergency call routing services. The Content is provided “AS IS”. The Content is not guaranteed to be complete, accurate or without errors and You should exercise judgment in Your use of the Content.
      2. TRUEDATA does not provide any legal, tax or other professional advice to You. You should consult with Your legal, tax, accounting or other professional advisers to confirm, interpret, and apply Content to Your individual situation. TRUEDATA has no liability to You or Your End Users for reliance on the Content.
      3. Certain Content is provided under license from third parties as defined below, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. Your use of such third party Content is governed by the additional terms set forth below, and You may be held liable for any unauthorized copying or disclosure of this Content.
      4. Specific DATA SERVICES may have terms in this Policy that apply only to Your use of that API. Terms applicable to indicated DATA SERVICES are located at the end of this Policy.
    4. Use Rights. Your use of the API’s is conditioned on compliance with the terms of this Policy. Failure to abide by the terms of this Policy may result in immediate termination of Your access to the DATA SERVICES at TRUEDATA’s sole discretion. 
    5. Restrictions. You will not: 
      1. Other than providing access to API’s through the Developed Application, You will not provide End Users with direct access to the DATA SERVICES;
      2. Provide End Users with the DATA SERVICES functionality as a “service bureau” or “service provider”, rather You can only provide End Users with Content;
      3. Permit the Developed Application to contain or display adult content, promote illegal activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt other users of the DATA SERVICES, network services or network equipment. Disruptions include, but are not limited to, denial of service attempts, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the DATA SERVICES to make unauthorized entry to any other device accessible via the network or the DATA SERVICES;
      4. Remove, distort, cover or change any attribution, ownership or other proprietary rights statements, policies or notices contained in the DATA SERVICES or the Content, including copyright and trademark notices or terms of use links;
      5. Use or access (or permit End Users to use or access) the DATA SERVICES or any Content through technology or means other than those provided by the DATA SERVICES;
      6. Hide or mask from TRUEDATA the identity of the Developed Application as it uses the DATA SERVICES, including by failing to follow any applicable identification conventions set out in the DATA SERVICES documentation;
      7. Attempt to reverse engineer or decompile the DATA SERVICES or any component of the DATA SERVICES;
      8. Attempt to create a substitute or similar service through use of or access to the DATA SERVICES.
    6. Use Policies. By using the DATA SERVICES, You agree to abide by the following use policies, in which You agree You will not (and will not permit End Users to): 
      1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      2. upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
      3. upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
      4. upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
      5. upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Agreement or any applicable DATA SERVICES policies or guidelines;
      6. download any file posted by another that You know, or reasonably should know, cannot legally be distributed in such manner;
      7. impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of Content, or other material;
      8. restrict or inhibit any other user from using and enjoying the DATA SERVICES or any other TRUEDATA services;
      9. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the DATA SERVICES or Content or collect information about users for any unauthorized purpose;
      10. display content in Your Developed Application that falsely expresses or implies that such content is sponsored or endorsed by TRUEDATA;
      11. create user accounts by automated means or under false or fraudulent pretenses, to obtain multiple keys for the same URL on our Portal unless approved by TRUEDATA;
      12. promote or provide instructional information about illegal activities;
      13. promote physical harm or injury against any group or individual; or
      14. transmit any malicious code (including but not limited to viruses, worms, defects, and Trojan horses), or any other items of a destructive nature.
    7. Determination of Compliance. TRUEDATA reserves the sole right and discretion to determine whether Your use of the DATA SERVICES or Content is in compliance with the Policy. 
    8. U.S. Government Restricted Rights. If the DATA SERVICES or Content is being used or accessed by or on behalf of the United States government, such use is subject to the following additional terms. The DATA SERVICES and any related documentation are deemed “commercial computer software” and “commercial computer software documentation,” respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. For the purpose of any public disclosure provision under any federal, state or local law, it is agreed that the DATA SERVICES and the Content are a trade secret and a proprietary commercial product and not subject to disclosure. If the user of the DATA SERVICES is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the DATA SERVICES or Content, including technical data, manuals or other accompanying documentation, is restricted by the terms, conditions and covenants contained in the Agreement and this Policy. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the DATA SERVICES is further restricted by the Agreement and this Policy.
  2. End User Terms and Privacy Policy. 

    1. If You develop a Developed Application for use by other users, the following terms apply:
    2. End User License Agreement. You must have a license agreement that End Users must agree to prior to accessing the Developed Application, that at a minimum:
      1. is at least as restrictive on use and protective of the ownership rights of TRUEDATA and its third party licensors regarding the DATA SERVICES and the Content as those set forth in the Agreement;
      2. includes disclaimers of warranty and limitation of liability on the part of TRUEDATA and its third party suppliers as those contained in this Policy and the Agreement;
      3. displays to the users of Your Developed Application Your privacy policy (as set forth in Section 2.2 below) and the Use Policies set forth in Section 1.6 above;
      4. explicitly states in Your Developed Application’s terms of use that, by using Your Developed Application, End Users are agreeing to be bound by the Use Policies; and
      5. protects the privacy and legal rights of those users.
    3. Your Privacy Policy. You must make publicly available, and must abide by, an appropriate privacy policy in Your Developed Application. In particular, if Your Developed Application enables You or any party to gain access to information about users of the DATA SERVICES or the Content, including but not limited to personally identifiable information (such as user names) or non-personally identifiable usage information. Your privacy policy must describe Your use and retention of this information.
    4. Cookies. Per the Privacy Statement, the TRUEDATA Portal may store and access cookies and other information on end users’ devices. If You use any part of the DATA SERVICES in the Developed Application that uses cookies, then to the extent required by applicable law, You must provide End Users with clear and comprehensive information about, and obtain the End Users’ consent to, the use of such cookies.
    5. Preventing Unauthorized Use. You must use all reasonable efforts to prevent unauthorized use of the DATA SERVICES and the Content and terminate any such unauthorized use.
    6. Responsibility for Breaches. You are solely responsible for (and TRUEDATA has no responsibility to You or to any third party for) any breach of Your obligations under the Policy and for the consequences of any such breach (including any loss or damage that TRUEDATA may suffer).
  3. Licenses from You to TRUEDATA 

    1. Content License. TRUEDATA claims no ownership over Developer Content, and You retain copyright and any other rights You already hold in Developer Content. By submitting, posting or displaying Developer Content in the DATA SERVICES, You give TRUEDATA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Developer Content through the DATA SERVICES solely for the purposes of: (i) enabling TRUEDATA to provide You with the DATA SERVICES; and (ii) use data derived from You or Your End User’s use of the DATA SERVICES for the limited purposes of performing analytics on the DATA SERVICES performance, or for the purpose of improving or enhancing the DATA SERVICES or other products or services offered by TRUEDATA to its customers; all in accordance with the Privacy Statement.
    2. Marketing License. You grant to TRUEDATA a worldwide, royalty-free, non-transferable, and non-exclusive license during the Term to use Your name and trademark and Developer Content to publicize or advertise that You are using the DATA SERVICES (for example, by using Your marks in presentations, marketing materials, customer lists, financial reports and website listings (including links to Your website), or by creating marketing or advertising materials that show screenshots of the DATA SERVICES in which Developer Content is featured).
    3. Authority to Grant Licenses. You represent and warrant to TRUEDATA that You have all the rights, power and authority necessary to grant the above licenses.
  4. Terms Applicable to TRUEDATA DATA SERVICES

    1. No Unauthorized Copying, Modification, Creation of Derivative Works, or Display of the Content. You must not copy, translate, modify, or create a derivative work (including creating or contributing to a database) of, or publicly display any Content or any part thereof except as explicitly permitted under these Terms. 
    2. No Pre-Fetching, Caching, or Storage of Content. You must not pre-fetch, cache, or store any Content or reuse the Content for multiple End Users, except that You may store: (i) limited amounts of Content for the purpose of improving the performance of Your Developed Application if You do so temporarily (and in no event for more than 30 calendar days), securely, and in a manner that does not permit use of the Content outside of the DATA SERVICES; and (ii) any content identifier or key that the DATA SERVICES documentation specifically permits You to store. 
    3. No Mass Downloads or Bulk Feeds of Content. You must not use the DATA SERVICES in a manner that gives You or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, visible map data, or places data (including business listings). 
    4. Restrictions on the Types of Applications that You are Permitted to Build with DATA SERVICES. You must not (nor may You permit anyone else to) do any of the following:
      1. No “Wrapping.” You must not create or offer a “wrapper” for the DATA SERVICES. For example, You are not permitted to: (i) use or provide any part of the DATA SERVICES or Content in an API that You offer to others; or (ii) create a Developed Application that reimplements or duplicates the DATA SERVICES. For clarity, You are not “re-implementing or duplicating” the DATA SERVICES if Your Developed Application provides substantial additional features or content beyond the DATA SERVICES, and those additional features or content constitute the primary defining characteristic of Your Developed Application.
      2. No Business, Residential, or Telephone Listings Services. You must not display any of the business listings Content in any Developed Application that has the primary purpose of making available business, residential address, or telephone directory listings.
      3. No Creation or Augmentation of an Advertising Product. You must not use any business listings Content to create or augment an advertising product.
      4. No Navigation, Autonomous Vehicle Control, or Enterprise Applications. You must not use the DATA SERVICES or Content with any products, systems, or applications for or in connection with any of the following:
        1. real-time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user’s sensor-enabled device.
        2. any systems or functions for automatic or autonomous control of vehicle behavior; or
        3. in-flight navigation.

 

CONTACT TRUEDATA

If you have any questions regarding our Acceptable Use Policy or our privacy practices, or about TrueData generally, you can contact us by any of the following methods:

Via email at privacy@truedata.co

Via regular mail at the following address:

 

TrueData Solutions, Inc.

c/o TrueData Privacy Office

1325 Palmetto St, Suite 108

Los Angeles, CA 90013