Terms of Service

Please read these Terms carefully. By using RecordMatch or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

RecordMatch (the “Service”, “RecordMatchio” or “RecordMatch.io”) is a service offered through the URL recordmatch.io, api.recordmatch.io, and through a services model (referred to it as the “Website”) that allows you to match and deduplicate records from single or multiple source files. RecordMatch, LLC is a Pennsylvania limited liability company. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our API Guidelines) define the terms and conditions under which you’re allowed to use RecordMatch and how we’ll treat your account while you’re a User. If you have any questions about our terms, please contact us.

1. ACCOUNT

1.1 Eligibility

In order to use RecordMatch, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to the Terms;
  4. provide true, complete, and up to date contact information.

By using RecordMatch, you represent and warrant that you meet all the requirements listed above, and that you won’t use RecordMatch in a way that violates any laws or regulations. RecordMatch may refuse service, close accounts of any users, and change eligibility requirements at any time.

1.2. Term

The Term begins when you sign up for RecordMatch and continues as long as you use the Service. Clicking the button and entering your email address means that you’ve officially “signed” the Terms. If you sign up for RecordMatch on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

1.3. Closing Your Account

You or RecordMatch may terminate this Agreement at any time and for any reason. You can permanantly delete your account at any time. We may suspend our Service to you at any time, with or without cause. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our API Guidelines. Once terminated, we may permanently delete your account and all the data associated with it. If you don’t log in to your account for 12 or more months, or we receive a bounceback that your email is no longer in service, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

1.4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of RecordMatch. We may change the Website, the Service, or any features of the Service at any time.

1.5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

1.6. Account Disputes

We don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.

2. PAYMENT

2.1. Credit Cards

As long as you have an outstanding balance with us, you’ll provide us with valid credit card information that you have permission to use and authorize us to deduct the monthly charges against that credit card. If you use a credit card that is not in your name, you warrant that you have permission to use that credit card. We will not be held liable for disputes regarding credit card usage where said cards have passed AVS. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

2.2. Changes

We may change our fees at any time with 30 days’ notice by posting a new pricing structure to our Website and/or sending you a notification by email.

3. RIGHTS

3.1. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide RecordMatch (proprietary rights include patents, trademarks, service marks, and copyrights).

3.2. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material you send to RecordMatch through our API. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms.

3.3. Privacy Policy

We retain the right to access, use, and disclose your information as it relates to your use of RecordMatch in an anonymized manner and for quality control reasons. We retain the right to use your company’s name and mark in customer lists unless you explicitly opt-out. We will never sell, share, or otherwise disclose your information or information about your usage to a third party unless we are required to by law enforcement. You may opt-out of anonymized sharing of information and quality control by emailing us.

4. RULES AND ABUSE

4.1. General Rules

If you use our API, you’ll comply with our API Guidelines. If you violate any of these rules, then we may suspend or terminate your account. Use of our API means that you understand both these Terms and the API Guidelines and agree to comply.

4.2. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately.

4.3. Bandwidth Abuse/Throttling

We may throttle your sending or connection through our API at our discretion.

4.4. Compliance with Laws

You represent and warrant that your use of RecordMatch, including the data you upload and how you acquired that data, will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like GLB or EU Data Privacy Laws, or other laws. If you are required to comply with HIPAA, you understand that the RecordMatch service outlined here is not compliant with HIPAA. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including but not limited to acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. If you’re located in the European Economic Area (EEA) or transmit data regarding anyone in the EEA, you represent and warrant that you:

  1. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries and user’s countries of origin or residence where you’re using RecordMatch.
  2. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow RecordMatch to process data relating to any individual that you transmit to RecordMatch.
  3. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
  4. Have signed our Data Processing Agreement.

4.5. Permitted Usage; Usage Restrictions

  1. Provided your usage of RecordMatch and the way you acquired, uploaded, and use the data is in compliance with all applicable laws (including but not limited to those listed in section 4.4), there are no additional restrictions on how data from RecordMatch is used or stored, provided the license for the underlying data permits it. We use best efforts to determine that our underlying data sources permit replication, but you take responsibility for ensuring your usage complies with your sources’ licenses. You understand that we make no guarantees about fitness for a particular purpose, and that you take on full responsibility for your usage of RecordMatch and data derived from RecordMatch (section 5.2).
  2. Data from RecordMatch may be stored in your database, reproduced, or otherwise manipulated.

4.6. Attribution

Some of our data providers have licenses that may require attribution. You understand that while RecordMatch does not impose our own attribution requirements, some of our underlying data providers may. You’ll use the Source information we return with all results to determine for yourself whether attribution is required for a particular result and will comply where required.

4.7. U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

5. LIABILITY

5.1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

5.2. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

5.3. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

5.4. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

5.5. Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages, and are as follows: if you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed.

5.6. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

5.7. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, travel expenses, and participating in a deposition.

5.8. Disclaimers

We and our Team aren’t responsible for the behavior of any linked websites or other users.

6. FINE PRINT

6.1. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is RecordMatch, LLC; Pittsburgh, PA.

6.2. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

6.3. Choice of Law

The Commonwealth of Pennsylvania’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Allegheny County, Pennsylvania, and each party will be subject to the jurisdiction of those courts.

6.4. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, pandemics, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

6.5. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

6.6. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

6.7. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

6.8. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

6.9. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

6.10. Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.

6.11. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us via email.

6.12. Entire Agreement

These Terms, our Privacy Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings unless you have signed an alternate agreement with RecordMatch, LLC.

RecordMatch (the “Service”) will have an API. The API address will be published when available. Your use of the API must comply with both this Policy and our Terms of Use.

6.13. Feedback

Customer hereby grants RecordMatch, LLC a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) Customer communicates to Company during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Company’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Notwithstanding the provisions of Section 8 (Confidential Information) below, Feedback will not be considered Customer’s Confidential Information. (“Feedback” refers to any suggestion or idea for modifying any of the Company’s products or services, including without limitation all intellectual property rights in any such suggestion or idea.)

7. API Guidelines

7.1. Login

You will only be able to access the RecordMatch API using a valid API key.

7.2. Spam and Abuse

You’ll follow all documentation we provide for the APIs. You won’t attempt to hack or change the way the Services function. We may throttle your use of the APIs at any time. We may monitor your use of the APIs for compliance with these rules, and we may deny you access to the API or shut down your Integration if you try to go around or exceed the limitations we set.

7.3. Privacy

You’ll respect the privacy of our users. Your Integration must display a privacy policy for users, detailing the information you’ll collect from them when they use the Integration.

7.4. Ownership

We own all worldwide rights, titles, and interest in the Service and the API, including all intellectual property rights, marks, code, and features. You won’t infringe or copy our code, design, or content. Any rights not expressly granted by this policy are withheld, so if you don’t see it here, then it’s not a right we’re giving you. You own all worldwide rights, titles, and interests in the Integration, except for the API, our marks, and the Service, including all intellectual property rights. If you give us comments about the API or the Service, we may copy, modify, create derivative works, display, disclose, distribute, and use that feedback without any obligation to compensate you.

7.5. Use of Marks

You may not alter or remove any proprietary notices in our marks. You won’t use our name or marks in your Integration name or logo, or in any way that implies an endorsement by us. If you use our marks to create your logo or name, you’ll immediately assign those rights to us at no expense.

7.6. Representations and Warranties

You represent and warrant that you’ll maintain all the licenses required for your Integration and that your Integration won’t violate any law or regulations in any way.

7.7. Disclaimer

To the maximum extent permitted by law, we provide the API and web application as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.

7.8. Updates

We may update or modify the API and this Policy from time to time by posting the changes on this site or notifying you via email. These changes may affect your use of the API or the way your Integration interacts with the API. If we make a change that’s unacceptable to you, you should stop using the API. Continued use of the API means you accept the change.

7.9. Confidentiality

You may have access to confidential, proprietary, and non-public information specific to the API (“Confidential Information”). You may use this information only to use and build with the API. You won’t disclose the Confidential Information to anyone without our written consent, and you’ll protect the Confidential Information from unauthorized use and disclosure in the same way you’d protect your own confidential information.

7.10. Indemnification

You’ll indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from third-party claims that relate to your use of the API.

7.11. Note

This policy is part of our Terms of Use. This policy doesn’t create or imply any partnership, agency, or joint venture.