Terms of Service

Last updated: May, 2024

These Terms of Service, which we’ll refer to simply as the “Terms,” set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list of the “dos and don’ts” when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept them. Please read through this document carefully and make sure these Terms are acceptable to you. If you don’t agree to any of these Terms, do not accept the Terms and do not continue using the Services. If you have any questions, please don’t hesitate to contact us at support@quantivedata.com

Table of Contents

  • The Basics
  • Our Services
  • Fees and Payment
  • Use Restrictions
  • Representations
  • Intellectual Property
  • Confidential Information
  • Indemnification
  • Disclaimers
  • Limitation of Liability
  • Term and Termination
  • Publicity
  • Force Majeure
  • Notices
  • General

Key Terms

  • We are Quantive Data Inc. d/b/a Quantive Data and we’ll refer to ourselves as “Quantive Data,” “us,” “our,” or “we.” Our offices are located at 128 Sunset Blvd New Castle, DE 19720 United States.
  • When we use the term “you,” we mean anyone using our Services. If you are registering for the services on behalf of a company or organization, the term “you” is also meant to refer to that company, where it makes sense from the context. When we mean to refer only to your company, we’ll use the term “Customer.”
  • If the Customer with which you are associated has signed a separate agreement with us to use our Services, we’ll refer to that agreement as the “Customer Agreement.” If there is a conflict between these Terms and the Customer Agreement, the terms of the Customer Agreement will override these Terms.
  • When we refer to our “Site,” we mean our website where we promote our business and when we refer to our “Services,” we mean the services promoted on the Site, such as our data provision services, helping you gain insight into your market. Any data we provide to you in connection with the Services shall be referred to as “Data“. We may provide certain materials, such as images, articles, posts, videos, and Data through the Site and Services, which we’ll refer to as “Content“.
  • Privacy. When you use our Site, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at [add hyperlink to PN] for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
  • Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. We will notify you if we make any material changes before the updated Terms take effect. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
  • Our Services. Subject to these Terms and the Customer Agreement, Quantive Data allows you to use the Services on a non-exclusive, nontransferable, non-sublicensable, revocable basis for the Customer’s internal business purposes.
  • Fees and Payment. In exchange for using our Services, the Customer agrees to pay Quantive Data the fees specified in the Customer Agreement. Payments shall be made on a monthly basis, within 15 days of the date specified on the invoice. Late payments bear interest at the rate of 1% per month. Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.

Use Restrictions

You may not do or attempt to do or allow a third party to do any of the following: (1) sell, lease, license, distribute, sublicense, or otherwise commercially exploit the Data, or any part thereof; (2) copy, modify, translate, adapt, merge, distribute, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Data; (3) use the Data for any purpose that is unlawful or prohibited by this Agreement; (4) use the Data in any manner that competes with us; (5) remove any proprietary notices or labels on or in the Data; (6) de-anonymize the Data and/or in any way attempt to identify the source of the Data; (7) circumvent or disable any security or technological features or measures of the Data; and (8) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity and/or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

Representations

  • Our Representations. We represent that Quantive Data is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation.
  • Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party. If you are registering on behalf of the Customer, you further represent that you are authorized to bind the Customer to these Terms. You also represent that the Customer is duly organized under applicable law, it has the authority to enter into these Terms, and that by doing so and using the Service, it will not be in conflict with any obligations it has to any third party or any legal requirement.
  • Intellectual Property. We retain all worldwide intellectual property rights, title, and interest in our Site, our Services, and any Data, including the Site’s overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Site, the Services, any Content or Data we provide, and our name, trademarks, and logos. In some cases we have obtained the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or that we’re allowing you to use our name, any trademarks, logos, or similar property as your own.
  • Confidential Information. Each of us or you (each, a “Recipient“) may have access to certain non-public or proprietary information of the other (each, a “Disclosing Party“) including any technical or non-technical information related to the other’s business and current, future and proposed products, services, and (prospective) customers in each case whether or not specifically designated as “confidential” or “proprietary” (“Confidential Information“). For the avoidance of doubt, any Data we provide you shall be considered our Confidential Information. Except as permitted herein, Recipient may not use, disseminate, or in any way disclose the Confidential Information. Recipient shall treat all Confidential Information with the same degree of care as it accords to its own Confidential Information but in any event with a reasonable degree of care. Recipient’s obligations hereunder do not apply to any Confidential Information that Recipient can demonstrate by written records: (a) was in the public domain at or subsequent to the time the Confidential Information and was received by Recipient through no act or omission of Recipient; or (b) was rightfully in Recipient’s possession free of any obligation of confidentiality at or subsequent to the time the Confidential Information was communicated to Recipient by Disclosing Party. A disclosure of any Confidential Information by Recipient mandatory by law (“Order”) will not be considered to be a breach of these Terms; provided however, that Recipient, to the extent permitted by such Order, it (i) provides prompt prior written notice thereof to Disclosing Party; (ii) reasonably cooperates with Disclosing Party in opposing such disclosure; (iii) only discloses to the extent required by such Order.
  • Indemnification. You agree to indemnify, defend, and hold harmless Quantive Data, its affiliates, and their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that may be incurred, that arise directly or indirectly from your: (i) use or misuse of the Data, (ii) breach of the terms herein, and/or (iii) negligence or willful misconduct. You may not enter into any settlement without our prior written consent, and may not unreasonably withhold, condition or delay your consent to any proposed settlement which includes our full and unconditional release.
  • Disclaimers
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SITE, THE SERVICES, AND THE DATA “AS IS” AND HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE ANY WARRANTY.
  • In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties. 
  • Limitation of Liability 
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUANTIVE DATA (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT QUANTIVE DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  • Term and Termination
  • Term. These Terms will take effect when you first use the Services and shall continue in full force and effect for the duration of the term stated in the Customer Agreement. 
  • Termination. Either we or you may terminate these Terms at any time by a prior written notice of 90 days, or as otherwise stated in the Customer Agreement. We also have the right to terminate these Terms with a prior written notice of 7 days where you breach these Terms and where such breach is not cured within the notice period. We have the right to terminate these Terms immediately upon written notice if: (a) the Customer makes a general assignment for the benefit of its creditors; (b) applies for, consents to, or acquiesces to the appointment of a receiver, trustee, custodian, or liquidator for its business or assets; (c) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws.. If the Customer Agreement has terms about term and termination, those will govern.
  • Effects of Termination. Upon termination or expiration of these Terms for any reason: (i) the license granted hereunder in Section 2 shall immediately terminate and you shall immediately cease all use of the Data; and (ii) you shall expunge such Data and any portion or copies thereof from all of your storage systems, provided you may retain portions of the Data only to the extent necessary for compliance with statutory audit requirements and applicable law or regulations only if such retained portions of the Data are: (a) maintained in a restricted, secure, non-testing, non-production, back-up, archival-type environment; (b) used by you solely to the extent necessary to respond to investigations and/or audit requests from relevant regulatory agencies; and (c) not used in any other manner or repurposed (e.g., incorporated into new materials or reports) following termination of the Agreement.
  • Even if these Terms are terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
  • Publicity. During the Term, we may refer to the Customer as our customer and may display the Customer’s name and logo on our website and in other marketing materials.
  • Force Majeure. Neither party will be liable for any default or delay in its performance of its obligations under this Agreement to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
  • Notices. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
  • General. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Delaware shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Delaware shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.

Please see our Terms & Conditions, compliant with GDPR & CCPA.