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Experian Data Quality
Data Validation Limited Trial Agreement

  • These terms and conditions to this Data Validation Limited Trial Agreement (“Agreement”) apply to your (“You” or “Client”) use of the Experian Data Quality (“Experian Data Quality” or “EDQ”) Services and Experian Data (defined below). You acknowledge that You have read, understood and stored a copy of this Agreement and agree to be bound by the terms of this Agreement.

  • 1. Definitions:
    • (i) “Applicable Laws” shall mean any federal, state and local laws, rules, and regulations applicable to a party’s performance under this Agreement; “Client Data” shall mean any non-public data or information provided by or on behalf of Client to EDQ in connection with Client’s request for the Services and which does not constitute Experian Data;
    • (ii) “Effective Date” shall mean the date where Client has agreed to the terms and conditions of this Agreement by selecting the acceptance box for these terms and conditions and selecting the option to start the trail;
    • (iii) “Experian Data” shall mean any consumer, business or other information or data that EDQ discloses or otherwise provides to Client;
    • (iv) “Experian Property” shall mean the Experian Data, Services and any technologies, methods, processes, know-how, techniques and any other intellectual property rights used, originated or developed in connection with the Experian Data or Services;
    • (v) “Services” shall mean Experian’s performance of Validations; and
    • (vi) “Validations” means Client’s input of an address, email or phone number that Experian evaluates to provide Client with the result of whether such input is listed in Experian’s data systems as a valid address, email or phone number.

  • 2. Limited Data Test License.
    • EDQ hereby grants to Client a limited, non-exclusive and non-transferable license to receive the Experian Data and Services solely for Client’s internal use as an evaluation of the Services in accordance with the terms and conditions of this Agreement and Applicable Law, and for no other purpose (“Evaluation”). Client agrees that the Experian Property shall remain the sole property of Experian Data Quality.

  • 3. Client Data License.
    • Client hereby grants to EDQ a limited, non-exclusive, non-transferable, license to use the Client Data solely to perform and provide the Services pursuant to and in accordance with this Agreement and all Applicable Laws, and for no other purpose. EDQ agrees that the Client Data shall remain the sole property of Client. EDQ shall not disclose Client Data to any third party, except as directed by Client or as otherwise necessary for EDQ to provide the Services. Client shall use commercially reasonable efforts to ensure that the Client Data does not: (i) include any consumer data obtained from consumer(s) domiciled outside the United States or Canada; or (ii) contain names of individuals under the age of eighteen (18) years and shall be responsible for Client’s provision of any such Client Data to EDQ and for EDQ use of such Client Data in accordance with this Agreement.

  • 4. Agreement Term and Termination.
    • This Agreement shall commence on the Effective Date and shall expire after ninety (90) days; provided, however, that the Services are subject to the License Term (defined below). EDQ may terminate this Agreement at any time in its sole discretion. Upon termination, (i) EDQ shall destroy the Client Data and all information derived from the Client Data; and (ii) Client shall destroy the Experian Data and all information derived from the Experian Data and, upon EDQ’s request, shall certify such destruction to EDQ in writing.

  • 5. License Term and Trial Restrictions.
    • Client may only request EDQ performance of Services for 14 days (“Initial License Term”) from the Effective Data and may request a renewal for an additional 14 days (“Renewal License Term”, and together with the Initial License Term, the “License Term”). Following the License Term, Client may review the results for the Evaluation for the remainder of the Term. The Services shall be limited to a maximum of five hundred (500) Validations each for (i) United Stated address Validations, (ii) Canada address Validations, (iii) email Validations; and (iv) phone number Validations. This Agreement is limited to business clients and not available to individual consumers. Clients are limited strictly to business entities organized and registered in the United States or Canada.

  • 6. Use Restrictions:
    • The limited license in Section 2 sets forth the terms for Client’s use of the Experian Data. Client acknowledges and agrees to the following use restrictions:
    • i) Client shall not share or disclose the Experian Data or the results of the Evaluation with or to any third party other than to Client’s employees who have a need to access the Experian Data to perform the Evaluation;
    • ii) Client shall not use the Experian Property for any form of live testing or in any production system, nor shall Client use the Experian Property for any commercial purposes of any kind, including, but not limited to, direct mail, telemarketing, or developing or applying a model;
    • iii) Client shall not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Experian Property or merge or incorporate the Experian Data with any other file;
    • iv) Client shall issue appropriate instruction to each employee given access to the Experian Property regarding the restrictions set forth in this Agreement, and shall provide physical and technical security to the Experian Data to the same or greater degree that Client uses to protect Client’s own most sensitive data;
    • v) Client is legally responsible for any failure by Client or Client’s employees to comply with the terms of this Agreement;
    • vi) Client agrees that in the event of an actual or threatened breach of this Agreement, EDQ may suffer irreparable harm and EDQ shall be entitled to injunctive relief, among other remedies which at law or in equity; and
    • vii) The Client Data provided to EDQ shall be limited to consumers domiciled within the United States or Canada. Client shall not access, transfer, or use the Experian Property, or conduct the Evaluation, outside of (i) the United States or its territories; or (ii) Canada.

  • 7. Warranties.
    • Client warrants to EDQ that the Client Data was collected with the proper notice and opt-out opportunities provided in accordance with established industry practices and all Applicable Laws. Client acknowledges that Experian Data Quality makes no representation or warranty of any kind with respect to the Experian Data, Services or the Evaluation and that Experian Data Quality shall have no liability to Client resulting from Client’s use of the Experian Data, Services or conduct of the Evaluation. EXPERIAN DATA QUALITY PROVIDES THE EXPERIAN DATA AND SERVICES “AS IS” AND EXPRESSLY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THIS AGREEMENT, THE EXPERIAN DATA, AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY EXPERIAN DATA, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

  • 8. Security Requirements.
    • Each party will maintain reasonable and appropriate security procedures and practices to protect each party’s data and intellectual property (including the Experian Property) provided to the other party under this Agreement from unauthorized access, destruction, use, modification or disclosure.

  • 9. Indemnity.
    • Client shall indemnify, defend and hold harmless EDQ and its officers, directors, and employees and Affiliates from and against any and all third-party claims, damages, losses, liabilities, costs or expenses, including reasonable attorneys’ fees to the extent caused by any violations of this Agreement by Client.

  • 10. Limitation of Liability.
    • EXPERIAN DATA QUALITY SHALL HAVE NO LIABILITY TO CLIENT IN CONNECTION WITH ANY LOSS OR INJURY CLIENT MAY INCUR IN CONNECTION WITH THIS AGREEMENT OR CLIENT’S USE OF THE EXPERIAN DATA, INCLUDING ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE), EVEN IF EXPERIAN DATA QUALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • 11. No Right to Services and Experian Data.
    • Your acceptance of these terms and conditions of this Agreement does not require Experian to perform any Services or provide the Experian Data. EDQ reserves the right to withhold the Services and the Experian Data in its sole discretion at any time.

  • 12. Miscellaneous.
    • This Agreement sets forth the entire agreement between Client and Experian Data Quality with respect to the subject matter hereof and shall be governed and construed in accordance with the internal laws of the State of Delaware without regard to any conflicts of law rules. Any claims or legal proceedings arising in connection with this Agreement will be brought solely in the state of Delaware, and the Parties consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of Client and Experian Data Quality, and the remainder of this Agreement shall continue in full force and effect. Client represents that the person accepting this Agreement on behalf of Client (a) has all right, power and authority to sign this Agreement; (b) has full power and authority and all necessary authorizations to comply with the terms of this Agreement and to perform its obligations hereunder; and (c) hereby acknowledges that its acceptance is effective and will not dispute the legally binding nature, validity or enforceability of this Agreement based on the fact that the terms were accepted in such manner.