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IPQualityScore Terms and Conditions of Use
Last Revised June 25, 2024
1. User's Acknowledgment and Acceptance of Terms
IPQualityScore LLC, a Florida limited liability company (collectively referred to as "IPQualityScore", "IPQS", "Us" or "We") provides the IPQualityScore.com site and various related services (collectively, the "Site" or "Services") to you (collectively referred to as the "User", "Client" or "Customer"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use", "Terms and Conditions", "Agreement", or "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of June 25, 2024. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
IPQS makes various data services available on this site including, but not limited to Fraud Detection, Bot Detection, Data Validation, IP Address Intelligence, Email Validation, Phone Validation, User & Payment Screening, Device Fingerprinting, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to (a) use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and (b) maintain and update your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Upon registration, your account's contact data may be transferred to a CRM, which meets industry standards for adequate security techniques and data processing safeguards. You may be contacted by automatic or manual methods by our support or marketing team. To opt-out, please submit a support ticket or written notice with your opt-out request.
4. Data Processing Agreement
IPQualityScore will process data accordingly with our Data Processing Agreement, providing our mechanisms for abiding by relevant privacy laws including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). All data shared with IPQualityScore is securely safeguarded within industry standards.
5. Conduct on Site
Your use of the site and API/bulk services are subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Additionally, you shall not interfere with anyone else's use and enjoyment of the site or other similar IPQS services. Users who violate systems or network security may incur criminal or civil liability.
Furthermore, you agree to follow all applicable state and federal regulations including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act of 1991. IPQS services may not be used to circumvent these regulations.
IPQS is not a consumer-reporting agency ("Consumer Reporting Agency") as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA") and any data provided by IPQS does not constitute "Consumer Reports", as that term is defined in the FCRA. Customer will not use the IPQS Services for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for knowingly violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. If your account is terminated by IPQS, a pro-rated refund will be provided by IPQS for any unrendered, paid services.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Copyright (c) 2011 - 2024 IPQualityScore LLC All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of IPQualityScore and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of IPQualityScore or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of IPQualityScore or its Affiliates.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized IPQualityScore spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, IPQS' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT TO IPQUALITYSCORE FOR THE 12 MONTHS PRECEDING THE SUBJECT CLAIM IN CONNECTION WITH THE PROVISION OF IPQS PRODUCT UNDER THIS AGREEMENT AND CLIENT AGREES THAT THE FOREGOING SHALL CONSTITUTE ITS SOLE AND EXCLUSIVE REMEDY (ALL OTHER REMEDIES BEING WAIVED THEREBY).
10. Non-Disparagement
Both parties agree not to disparage the other party, and the other party's officers, directors, employees, shareholders and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided that both you and the Company shall respond accurately and fully to any question, inquiry or request for information when required by legal process.
11. Indemnification
You agree to defend, indemnify, and hold IPQS, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to this Site harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. Additionally, you may enable Two-Factor Authentication (2FA) on your account at any time.
You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. To ensure data security, IPQS shall maintain robust administrative, physical, and technical controls and safeguards for protection of your data, incident response policies and procedures, and an architecture designed for high-availability that is tailored to and appropriate for the nature and complexity of the services, and otherwise designed to (i) ensure the security and confidentiality of the services and client data, (ii) protect against any anticipated threats or hazards to the security or integrity of the services and client data, and (iii) protect against unauthorized access that could result in substantial harm or inconvenience to you, your affiliates, or your clients or agents. We shall comply with all applicable privacy laws and regulations to the extent that those laws apply to the services being performed hereunder.
13. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Terminated accounts by IPQS will receive a pro-rated refund for any unrendered paid services.
15. API & Data Usage
Usage of IPQualityScore's APIs and data is granted given that the User (or its affiliates, contractors, employees and/or agents) does not engage in the following activities:
16. Free Account Limitations
Users may not create multiple accounts with the purpose of accessing duplicate monthly free credits. Abusing the site's monthly free credit allowance may result in suspension of accounts and service. Please contact support if your team requires multiple accounts.
17. Premium Plans & Queries
Each lookup of the IPQS Services will consume a query credit from the user's account balance, with the exception of retrieving historical account data. Eligible user accounts have access to free monthly credits to test IPQS Services before making a purchase. IPQS has a right to deny free credits for any reason, including suspected duplicate accounts or abusive users. Query packs and premium plan purchases are final as we allocate server resources based on the current volume of paid plans. Each premium account plan has tiered limits for viewing historic data from past lookups through the user dashboard. While the limits are very generous and most accounts do not exceed these limits, please inform us if you are interested in preserving historic data for a lengthier time period.
18. Affiliate Program & Referrals
IPQS makes an affiliate program available for all active users of IPQS. New users that sign up through an existing user's unique referral URL, known as "Referrals", will be tracked against the referring user's account. Both the referral and referring users' account must be in good standing to qualify for earnings through the IPQS affiliate program. Referral earnings shall be defined in the referral program section of the IPQS dashboard. Duplicate or related accounts are not eligible to receive referral earnings. Referral earnings will be paid on a NET 60 payment schedule. IPQS has the right to deny any affiliate earnings for any reason.
19. Data Sharing & Data Processing
Clients using our service may provide IPQualityScore with transactional or user information, which may include IP addresses, names, email addresses, billing details, phone numbers, and similar user data. This information is processed through our services to detect behavioral intent and analyze the risk profile of transactions and users. This data is used to identify patterns of fraud within our system and improve your IPQS account's personal machine learning algorithms.
With the exception of the IPQS opt-in fraudulent data sharing program (Fraud Fusion™), IPQualityScore does NOT sell your personal data or the personal data of your end users. Any data shared with IPQualityScore will be confidential, securely processed, and maintained with industry security standards.
20. Fraud Fusion™ — Opt-In Fraudulent Data Sharing
Client agrees that IPQS may use fraudulent data, voluntarily shared through the "Fraud Fusion™" opt-in reporting program, with other clients that consume IPQS data. This data may also be used to improve machine learning algorithms for other IPQS clients. All reported data and its origins shared with IPQS shall be kept anonymous to prevent identification by third parties (including other IPQS clients). Sharing data through the Fraud Fusion™ program is not required and is not enabled by default for new accounts. Submitting data through this program requires using a special reporting API endpoint. Client may request deletion of data stored by IPQS at any time. Sharing data through this program is not required.
21. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Florida with respect to such matters.
22. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
23. Class Action Waiver
IPQS and Client each agree that both parties waive the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
24. Severability
Should any provision of this Agreement be held void, invalid or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid or inoperative provision had not been contained herein.
25. Survival
The following Sections shall survive the expiration or termination of this Agreement: 7 (Intellectual Property Information), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Non-Disparagement), 11 (Indemnification), 14 (Termination of Use), 15 (API & Data Usage), 21 (Governing Law), 22 (Entire Agreement), 23 (Class Action Waiver).
26. Failure To Enforce
The failure of IPQualityScore to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
27. Anti-Bribery
(1) Each Party hereby warrants that it shall neither, directly or indirectly, pay any commission, remuneration or kickbacks secretively outside the books to the other party or any third party’s employees or officers, or provide any gifts or hospitality, nor reach any arrangement for any the above issues with the other party or any third party’s employees or officers, except for the inexpensive advertising gifts given according to commercial practices.
(2) Either party breaching the provision of this Article shall be regarded as material breach. The non-breaching Party has the right to terminate this Agreement by written notice to the breaching party, and reserves the right to take further legal measures. The breaching party shall be responsible for all the losses encountered by the non-breaching party therefrom.
28. Reseller Governance
If Customer purchases any IPQS Services through a Reseller, this Agreement will govern Customer’s use of such Services, but not the payment obligations. In such case, Customer’s payment obligations for such services will be as agreed directly with the Reseller and not IPQS. Customer warrants that it will timely pay to Reseller all amounts related to this Agreement. Customer expressly waives and agrees not to exercise any right it may have to downgrade a subscription or terminate a purchase of the IPQS Services for its convenience, or otherwise cancel an order under any applicable Reseller, except as expressly permitted by this Agreement. Any disputes related to the payment obligations shall be handled directly between Customer and the Reseller.
29. Signature
Your electronic signature shall be deemed to be an original and shall be evidence of your agreement to accept all terms of this Agreement.
30. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, pandemics, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
31. Notices & Contact Information
Except as explicitly noted on this site, the services available through this site are offered by IPQualityScore LLC. You may email us directly at Support@IPQualityScore.com, send a message through our contact form, call us at (800) 713-2618, or speak to a specialist through our live chat.
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