These terms include a binding arbitration clause and a class action waiver in Section 14. They affect how disputes between you and us are resolved. Read that section carefully.
1. Accepting these terms
These Terms of Service form a binding agreement between you and [Legal Entity Name, Inc.] ("DetectiveCheck", "we", "us"). By creating an account, running a lookup, or otherwise using the service, you accept them. If you do not accept them, do not use the service.
2. Who may use it
You must be at least 18 years old and legally able to enter a contract. You must not be barred from using the service under the laws of your jurisdiction, and you must not be on any applicable sanctions list. If you use the service on behalf of an organisation, you confirm you are authorised to bind it.
3. What the service is
DetectiveCheck queries publicly available and lawfully licensed sources for information associated with an identifier you supply, and returns a report. That is the whole of it. We are a search and presentation layer over sources we do not own and do not control.
4. FCRA: what this is not
DetectiveCheck is not a consumer reporting agency under the Fair Credit Reporting Act, 15 U.S.C. ยง 1681 et seq. The reports we produce are not consumer reports. You may not use the service, or anything obtained from it, for any purpose covered by the FCRA.
Specifically, you may not use the service in whole or in part as a factor in establishing a person's eligibility for:
- employment, promotion, reassignment or retention, including screening volunteers or contractors
- credit or insurance underwritten for personal, family or household purposes
- housing, tenancy or any residential rental decision
- a government licence or benefit where eligibility depends on financial standing
- any other purpose listed in Section 604 of the FCRA
We do not collect the certifications an FCRA-regulated purpose would require, and we have not built the dispute and accuracy procedures the FCRA mandates. Using our data for those decisions exposes you, not us, to liability under federal law. Accounts found doing it are terminated without refund.
5. Permitted and prohibited use
You may
- look up an identifier that has contacted you, or that you are considering transacting with
- look yourself up, to see your own public exposure
- verify the identity of someone you are about to meet, pay, or let into your home
- investigate a suspected scam, impersonation or fraud attempt against you
You may not
- stalk, harass, threaten, intimidate, dox or surveil any person
- use results to make a decision covered by the FCRA (Section 4)
- discriminate against anyone on the basis of a protected characteristic
- resell, republish, syndicate or build a competing database from our output
- scrape, spider, or access the service other than through the interfaces we provide
- circumvent rate limits, share credentials, or run automated queries at scale without written permission
- use the service in violation of any law that applies to you
The Responsible Use Policy is incorporated into these terms by reference and carries the same force.
6. Your account
You are responsible for keeping your credentials secure and for everything done under your account. Tell us promptly at [email protected] if you suspect unauthorised access. Accounts are for one person. Plans that permit additional users say so explicitly.
7. Billing and renewal
- Subscriptions are billed in advance, at the price shown at checkout, in US dollars unless stated otherwise.
- Subscriptions renew automatically at the end of each period at the then-current price, until cancelled.
- Lookup credits reset each billing period and do not roll over.
- One lookup consumes one credit, including a lookup that returns little or nothing, because the sources were still queried.
- We will give at least [30] days' notice by email before any price increase applies to you.
- Taxes are added where required.
- Failed payments may lead to suspension after [3] retry attempts.
8. Cancellation and refunds
You can cancel at any time in your account settings, in one click. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then. Refund terms are set out in full in the Refund Policy.
9. Accuracy of results
We do not create the underlying data and we do not warrant that it is accurate, complete or current. Public records contain errors. People share names. Records go stale. A report reflects what the sources returned at the moment of the query and nothing more.
Verify independently before acting on anything you read in a report, particularly before making an accusation, ending a relationship, refusing a transaction, or contacting law enforcement.
10. Intellectual property
The service, its interface, its software and its branding belong to us and are protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the service for its intended purpose while your account is in good standing. Reports you generate are yours to use for your own lawful purposes, subject to Sections 4 and 5.
11. Disclaimer of warranties
The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, error-free, or that any particular lookup will return a result.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
12. Limitation of liability
To the maximum extent permitted by law, neither we nor our officers, employees or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption, arising out of or relating to the service, whether in contract, tort, negligence, strict liability or otherwise, and whether or not we were advised of the possibility.
Our total aggregate liability for all claims relating to the service is limited to the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars.
Nothing in these terms excludes liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by negligence.
13. Indemnification
You agree to indemnify and hold us harmless from any claim, demand, loss or expense, including reasonable legal fees, arising from your use of the service, your breach of these terms, your violation of any law, or your infringement of anyone's rights. This includes claims brought by a person you looked up.
14. Arbitration and class action waiver
Read this section. It changes how disputes are resolved and limits your right to go to court or take part in a class action.
Informal resolution first
Before starting formal proceedings, you agree to contact us at [email protected] with a written description of the dispute and the relief sought, and to give us 60 days to resolve it. Most problems end here.
Binding arbitration
If it is not resolved, any dispute arising out of or relating to these terms or the service will be settled by binding individual arbitration administered by [arbitration forum] under its consumer rules, before one arbitrator, seated in [venue], conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorised access.
Class action waiver
Disputes will be arbitrated on an individual basis only. You and we waive any right to bring or participate in a class, collective, consolidated or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable, the entire arbitration provision is void.
Opting out
You may reject this arbitration agreement by emailing [email protected] within 30 days of first accepting these terms, stating your name, the email on the account, and that you opt out of arbitration. Opting out costs you nothing and does not affect your use of the service.
15. Governing law
These terms are governed by the laws of the State of [State], without regard to its conflict of law rules. Where arbitration does not apply, the courts of [State] have exclusive jurisdiction. If you are a consumer resident in the EEA or UK, nothing here deprives you of the protection of mandatory local law or your right to bring proceedings where you live.
16. Suspension and termination
You may close your account at any time. We may suspend or terminate an account immediately, without refund, for breach of Section 4 or Section 5, for non-payment, for conduct that endangers the service or another person, or where the law requires it. Sections 9 through 15 survive termination.
17. Changes
We may update these terms. Material changes take effect [30] days after we post them and notify you by email, and continued use after that constitutes acceptance. If you do not accept a change, close the account before it takes effect and we will refund the unused remainder of the current period.
18. Contact
[Legal Entity Name, Inc.]
[Street address], [City], [State] [ZIP], United States
Legal: [email protected]
Support: [email protected]