Subscription Agreement

developer.pitneybowes.com services agreement (05/15)

SUBSCRIBER LOGIN

Subscription Agreement

IMPORTANT: DO NOT USE THIS SERVICE UNTIL YOU HAVE READ AND AGREED TO THIS SERVICES AGREEMENT.  This is an agreement between you (“You” or “Client”) and Pitney Bowes Software Inc. (“PBSI”).  If You are accessing the Service on behalf of a company or organization, You certify that you are authorized to agree to this Agreement on behalf of such organization, and “You” as used in this Agreement will mean all authorized users within your organization.  If You are located in a geography outside the United States, PBSI will mean the affiliate or subsidiary of PBSI operating in Your geography.  By clicking next to “BUY NOW” prior to accessing the Service or by registering in the Client Portal, You are agreeing to the terms of this Services Agreement (the “Agreement”).  IF YOU ARE NOT WILLING TO BE BOUND BY THE AGREEMENT, terminate Your access to the Service.  The terms of this Agreement will only apply to the extent You and PBSI have not executed a separate Services Agreement for the same Service.

 

1.              Definitions.  For the purposes of this Agreement, the following terms will have the corresponding definitions:

 

“Acceptable Use Policy” means the terms under which You may access and use the Service;

 

                  “Allotment” means the number of Credits purchased by You to be used to access Transactions during a given Billing Period;

 

                  “Available Hours of Operation” means twenty-four (24) hours per day, seven (7) days per week exclusive of Scheduled Downtime, described in Section 9(b), (PBSI Responsibilities; Support), and downtime arising from causes beyond the reasonable direct control of PBSI, such as the interruption or failure of telecommunications or digital transmission links, hostile network attacks or a Force Majeure event, as set out in Section 12;

 

                  “Available Hours of Support” means the hours set out in the Documentation during which time You may obtain technical support for the Services;

 

                  “Billing Period” means a calendar month minus one day;

 

                  “Client Data” means any data, such as an address record, geographic data, telephone number, individual or business record or user query, or other material submitted by You to the Service or provided by You to PBSI for the performance of the Service;

 

“Client Portal” means the part of the Service designated as providing You with information regarding the Services purchased by You, recording the number of Transactions performed and Credits used, and other pertinent information regarding Your access and use of the Service;

 

“Credit” means the value associated with a particular Transaction;

 

“Documentation” means the current technical and user documentation for the Service provided on the Client Portal;

 

Plan” means the option selected by You, which includes a Term of service and Allotment of Credits;

 

“Privacy Statement” means the terms under which PBSI will collect, use and store Client Data;

 

                  “Service” means the services offered by PBSI under the terms of this Agreement, further described in the Client Portal;

 

Term” means the period of time within which You may access and use the Service under the terms of this Agreement as set forth in the Plan selected by You; and

 

                  “Transaction” means the submission and processing of each individual Client Data to the Service or the response to each individual Client Data or user query submitted to the Service.

                 

2.              Grant of Rights.  PBSI hereby grants You a non-exclusive, non-transferable license to access and use the Service in accordance with the terms of this Agreement and the Acceptable Use Policy located at http://www.pitneybowes.com/content/pb/us/en/license-terms-of-use/apis-acceptable-use-policy.html during the Term indicated in the applicable Plan selected by You.  PBSI reserves all rights to the Service not expressly granted by this Agreement. 

 

3.              Term; Termination

 

a)              This Agreement is effective on the Effective Date and will remain in effect for an initial Term as set forth in the Plan selected by You.  Upon expiration of the Plan Term, such Plan will automatically renew for successive Terms unless You cancel the Plan in the Client Portal within thirty (30) days of receipt of notification of Term expiration. 

b)              Either party may terminate this Agreement and Your access to the Service by written notice if the other party commits a material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of such notice, or an additional period of time as agreed to by the parties. 

 

c)              Upon termination of this Agreement or expiration or termination of a Plan for any reason, You will immediately cease use of the Service and each party will promptly return all Confidential Information of the other party. 

 

d)              Sections 4 (Fees, Payment Terms), 6 (Privacy Statement), 7 (Proprietary Rights; Suggestions), 8 (Non-infringement; Indemnification), 10 (Warranties; Disclaimers), 11 (Limitation of Liability), 15 (Applicable Law) and 16 (Verification) will survive termination of this Agreement indefinitely or to the extent set out therein.

 

4.              Fees; Payment Terms.

 

a)              You will pay PBSI the fees for the Allotment associated with the selected Plan via the Client Portal.  Unless otherwise identified in the Client Portal, all fees are stated in and will be paid in United States currency.  If You fail to pay any fees due by the due date, PBSI may suspend performance of the Services upon ten (10) days written notice to You.  PBSI may change the monthly fees upon thirty (30) days notice to You.  Any increase in fees will not be effective until the commencement of the subsequent Term for the specific Plan for which the increase applies. 

 

b)              The fees do not include any amount for taxes. You will pay all federal, state and local sales, use, property, excise, privilege, ad valorem, Internet-related, and other taxes imposed on or with respect to this Agreement for the Services provided hereunder.  If any sales, use, excise or other taxes (except for taxes based on PBSI’s net income) are assessed against or required to be collected in connection with this Agreement it will be set forth at the point of purchase in the Client Portal. 

 

c)              Allotments purchased may be used during the Billing Period.  Unused Credits may not be carried over into subsequent Billing Periods.  If You exhaust an Allotment during the Billing Period, a new Allotment will be automatically billed to You pro-rated to the end of the Billing Period.  You may access the Client Portal to view Credit usage and transaction history. 

 

d)              PBSI reserves the right, at PBSI’s discretion, to promptly terminate any free trial or require You to purchase a paid Plan.  

 

5.              Your Responsibilities.  Use of the Service is contingent on Your compliance with the Acceptable Use Policy.  Failure to comply with the Acceptable Use Policy

may result in immediate suspension or termination of Your access to the Service.

 

6.              Privacy Statement.  PBSI will hold Client Data in confidence in accordance with the Privacy Statement located at http://www.pitneybowes.com/us/license-terms-of-use/lbs-api-privacy-statement.html

 

7.              Proprietary Rights; Suggestions.   You will retain all right, title and interest in and to all Client Data.  You grant PBSI a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Service.

 

8.              Non-infringement; Indemnification.

 

a)              PBSI will indemnify, defend and hold You, and Your officers, directors and employees harmless from all losses, damages, and reasonable costs and expenses to the extent they arise out of a claim by a third party that the Service, when used in accordance with the Documentation and in compliance with the terms of this Agreement, infringe or misappropriate any copyright, trademark, trade secret or patent registered or valid within the country the Service is authorized to be accessed.  PBSI will have control of the defense and will defend, at its own expense, any claim or litigation to which this indemnity relates, including the right to settle any such claim. You must notify PBSI promptly of any such claim and will provide reasonable cooperation to PBSI, upon PBSI’s request and at PBSI’s cost, to defend such claim. PBSI will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party’s prior consent.  You may elect to participate in the defense of any claim with counsel of Your choosing at Your own expense.

 

b)              If the Service is subject to a claim of infringement or misappropriation, or if PBSI reasonably believes that the Service may be subject to such a claim, PBSI reserves the right to:  (i) offer a non-infringing replacement Service, at no cost to You, which replacement will be functionally equivalent to such Service; (ii) procure, at no cost to You, the right to continue to use such Service; or (iii) direct You to terminate use of such Service.  If PBSI directs You to terminate use of such Service, Your remedies, in addition to the indemnification set out herein, will be limited to a refund of any prepaid but unused fees for the Service. 

 

c)              PBSI will not indemnify You or be liable for claims arising from the use of the Service with data, hardware or software not provided by PBSI, use of the Service in a manner not authorized by this Agreement or the Acceptable Use Policy, or Your use of the Service other than as permitted in this Agreement and the Documentation.

d)              You will indemnify, defend and hold PBSI harmless against any claim arising from: (i) Your use of the Service in a manner not permitted under this Agreement; (ii) a third party claim that the Client Data or any other data, files or other materials provided by You to PBSI infringes any patent, copyright or trademark or misappropriates any trade secret; (iii) a violation of any law, rule or regulation regarding the protection of personal data or the use or access to the Service; or (iv) acts of gross negligence or willful misconduct.  You will have control of the defense and will defend at Your own expense, any claim or litigation to which this indemnity relates including the right to settle any such claim. PBSI must notify You promptly of any such claim and will provide reasonable cooperation to You, upon Your request and at Your cost, to defend such claim.  You will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party’s prior consent.  PBSI may elect to participate in the defense of any claim with counsel of its choosing at its own expense.

 

9.              PBSI Responsibilities; Support.

 

a)              PBSI will use best efforts to make the Services available during the Available Hours of Operation in accordance with the Service Availability Statement located at http://www.pitneybowes.com/us/license-terms-of-use/service-availability-statement.html.  Support for the Service will be available during the Available Hours of Support.  Support will consist of online chat, forum, and email technical support to assist You with the use of the Service and will be provided in accordance with the Documentation. 

 

b)              The Service may be inaccessible or inoperable during certain periods to permit PBSI to perform maintenance support services (“Scheduled Downtime”).  PBSI will use reasonable commercial efforts to minimize any disruption, inaccessibility or inoperability of the Services in connection with the Scheduled Downtime or other disruption of Service.

 

10.           Warranties; Disclaimers.

 

a)              PBSI represents and warrants that it has the right to grant You the rights granted hereunder

 

b)              PBSI represents and warrants to You that the Service will materially conform to the Documentation.  PBSI does not warrant the operability or accuracy of any Client Data processed by PBSI.

 

c)              PBSI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICE.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. 

 

d)              PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU.  IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE. 

 

11.           Limitation of Liability

 

A)              DISCLAIMER.  NEITHER PARTY NOR PBSI’S THIRD PARTY SUPPLERS WILL BE LIABILE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

 

B)              MAXIMUM LIABILITY.  IN ANY EVENT, EITHER PARTY’S (AND LICENSOR’S THIRD PARTY SUPPLIER’S) MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT, CONTRACT OR OTHERWISE) WILL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO PBSI DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF SUCH CLAIM. 

 

C)              EXCLUSIONS.  THE FOREGOING DISCLAIMER SET FORTH IN SECTION 11(A) DOES NOT APPLY TO YOUR BREACH OF SECTION 5 (YOUR RESPONSIBILITIES), OR EITHER PARTY’S LIABILITY UNDER SECTION 8 (NONINFRINGEMENT, INDEMNIFICATION).  THE FOREGOING MAXIMUM LIABILITY SET FORTH IN SECTION 11(B) DOES NOT APPLY TO YOUR BREACH OF SECTION 5 (YOUR RESPONSIBILITIES), YOUR OBLIGATIONS TO PAY AMOUNTS DUE UNDER A PLAN, OR EITHER PARTY’S LIABILITY UNDER SECTION 8 (NONINFRINGEMENT, INDEMNIFICATION).

 

12.           Force Majeure.  Except for Your payment obligations, neither party is responsible from any delay or failure to perform resulting from causes beyond its reasonable control.

 

13.           Assignment.  You are not permitted to transfer or assign (by operation of law or otherwise) any of Your rights or obligations under this Agreement without the prior written consent of PBSI, which consent will not be unreasonably withheld, delayed or denied. Any such transfer or assignment without PBSI’s written consent will be void and of no force and effect.  

 

14.           Publicity.              Except as otherwise set forth in the Acceptable Use Policy, neither party will use the name of the other party in any publicity, press releases or similar activity without the consent of the other party.

 

15.           Applicable Law.  This Agreement will be governed by, and construed in accordance with, the laws of the State of New York without regard to its principals of conflict of laws.  In the event of any dispute arising out of or relating to this Agreement, a suit will be brought only in a federal or state court of competent jurisdiction located in New York County in the State of New York.

 

16.           Verification.  Upon ten (10) days written notice, PBSI or its designated third party may verify Your compliance with the terms of the Agreement at all locations from which You access the Service.  Such verification will take place no more than one (1) time per twelve (12) month period during normal business hours in a manner which minimizes disruption to Your work environment.   PBSI may use an independent third party under obligations of confidentiality to provide assistance.  PBSI will notify You in writing if any such verification indicates that You have used the Service in excess of the use authorized by this Agreement or the applicable Plan.  You agree to pay all associated fees directly to PBSI for the charges that PBSI specifies for such excess use.

 

17.           General.

 

a)     No waiver of or failure to act regarding any breach of this Agreement by either party or the failure of either party to insist on the exact performance of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing.

b)     Any notice alleging a breach of this Agreement will be in writing and will be sent by overnight courier or delivered in person to the party's address set forth in the Client Portal.  Notices to PBSI will include a copy to:  Pitney Bowes Software Inc., One Global View, Troy, NY 12180 Attn:  Legal Department.  Any other notice required to be provided by PBSI under this Agreement may be sent by postal mail or e-mail to the individual designated by You in the Client Portal, and to PBSI at the e-mail addresses designated in the Client Portal.  

 

c)     If any provision of this Agreement or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement will remain in full force and effect.

 

d)              Each party will act as an independent contractor and employees of each party will not be considered to be employees of the other party.  No agency, partnership, joint venture or other joint relationship is created by this Agreement.  Neither party may make any commitments binding on the other, nor may either party make any representation that they are acting for, or on behalf of, the other.

 

18.           Entire Agreement.   This Agreement, the Acceptable Use Policy, the Privacy Statement, and all appendices, exhibits, schedules and attachments thereto, including those incorporated by reference, constitutes the entire agreement between the parties with regard to Your access to and use of the Service, may not be modified or amended except by a writing signed by both parties except as otherwise indicated herein, and supersedes all proposals, purchase orders, understandings, representations, prior agreements or communications relating to Your use of the Service.  This Agreement also supersedes any preprinted terms contained on a purchase order or similar document issued by You and any such terms will have no force or effect.  You certify that You have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.  This Agreement will not be construed against the party that prepared such document, but instead will be construed as if both parties prepared the Agreement.

The Developer.PitneyBowes.com APIs and other APIs made available to you (the “APIs”) are a collection of services that allow you to include location based information and communications services, shipping functionality and other content from Pitney Bowes Inc. and its affiliates and subsidiaries (“PBI”) in your websites, applications, business processes, and/or business workflows.

The following is the Acceptable Use Policy (the “Policy”) that, together with the Services Agreement and the Privacy Statement located at http://www.pitneybowes.com/us/license-terms-of-use/lbs-api-privacy-statement.html (which combined, make up the legal agreement between you and PBI), govern your use of the APIs (the “Agreement”). You should read each of these documents and print a copy for your records. If you do not agree to this Policy or the Agreement, do not access or use the APIs. PBI reserves the right to make changes to the Agreement from time to time. When these changes are made, PBI will make a new copy of the Agreement available. You understand and agree that if you use the APIs after the date on which the Agreement has changed, PBI will treat your use as acceptance of the updated Agreement. If a modification is unacceptable to you, you may terminate the Agreement by ceasing use of the APIs.

Last Updated: January 31, 2016


1.              Permitted Use.

1.1           Definitions.

a)              "Content" means any content provided through the APIs (whether created by PBI or its third party licensors), including map and terrain data, photographic imagery, traffic data, places and location data (including business listings), geocode (Latitude/Longitude) coordinates, tax rates, shipping information or any other content.
b)              "Developed Application" means a software application or website that uses the APIs to obtain and display Content in conjunction with Your Content, according to the Agreement.

c)              “End User” means the individual who has purchased access to your Developed Application under your end user license agreement.
d)              "Your Content" means any content that you provide in your Developed Application, including data, images, video, or software. Your Content does not include the Content.


1.2           Service License.  Subject to the terms of the Agreement and the payment of applicable fees, PBI gives you a non-exclusive, non-transferable, non-assignable, royalty-free, worldwide right and license to use the APIs to provide Content to your End Users solely through the Developed Application.

 
1.3           Content License.  Subject to the terms of the Agreement and the payment of applicable fees, PBI gives you a non-exclusive, non-transferable, non-assignable, royalty-free, worldwide right and license to access, use, publicly perform and publicly display the Content in your Developed Application, as the Content is provided in the APIS and in the manner permitted by this Policy and the Agreement.

Specifically, you understand the following:

                  a)              Content is not intended to be used in high risk applications such as weapon control or emergency call routing services. The Content is provided “AS IS”. The Content is not guaranteed to be complete, accurate, or without errors and you should exercise judgment in your use of the Content.   

b)              PBI does not provide any legal, tax or other professional advice to you. You should consult with your legal, tax, accounting or other professional advisers to confirm, interpret, and apply Content to your individual situation. PBI has no liability to you or your End Users for reliance on the Content.

c)              Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. Your use of such third party Content is governed by the additional terms set forth below, and you may be held liable for any unauthorized copying or disclosure of this Content.

1.4           Use Rights.   Your use of the APIs is conditioned on compliance with the terms of this Policy. Failure to abide by the terms of this Policy may result in immediate termination of your access to the APIs, in PBI’s sole discretion.


1.5           Restrictions.  In using the APIs, you will not:

a)              a) Provide End Users with direct access to the APIs through the Developed Application;

b)              b) Provide End Users with the APIs functionality as a “service bureau” or “service provider”, rather you can only provide End Users with Content;

c)              c) Permit the Developed Application to contain or display adult content, promote illegal activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt other users of the APIs, network services or network equipment. Disruptions include, but are not limited to, denial of service attempts, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the APIs to make unauthorized entry to any other device accessible via the network or the APIs;

d)              d) Remove, distort, cover or change any attribution, ownership or other proprietary rights statements, policies or notices contained in the APIs or the Content, including copyright and trademark notices or terms of use links;

e)              e) Use or access (or permit End Users to use or access) the APIs or any Content through technology or means other than those provided by the APIs;

f)               f) Hide or mask from PBI the identity of the Developed Application as it uses the APIs, including by failing to follow any applicable identification conventions set out in the APIs documentation;

g)              g) Attempt to reverse engineer or decompile the APIs or any component of the APIs;

h)              h) Attempt to create a substitute or similar service through use of or access to the APIs; or

i)               i) Modify, reorder, augment or manipulate search results or Content delivered to End Users in any way unless you explicitly notify the End User of your actions.

 

1.6           Use Policies.  By using the APIs, you agree to abide by the following use policies, in which you agree you will not:

a)              defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

b)              upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;

c)              upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;

d)              upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;

e)              upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Agreement or any applicable APIs policies or guidelines;

f)               download any file posted by another that you know, or reasonably should know, cannot legally be distributed in such manner;

g)              impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of Content, or other material;

h)              restrict or inhibit any other user from using and enjoying the APIs or any other PBI services;

i)               use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the APIs or Content or collect information about users for any unauthorized purpose;

j)               display content in your Developed Application that falsely expresses or implies that such content is sponsored or endorsed by PBI;

k)              create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the same URL;

l)               promote or provide instructional information about illegal activities;

m)            promote physical harm or injury against any group or individual; or

n)              transmit any malicious code (including but not limited to viruses, worms, defects, and Trojan horses), or any other items of a destructive nature.

1.7           Determination of Compliance.  PBI reserves the sole right and discretion to determine whether your use of the APIs or Content is in compliance with the Policy.


1.8            U.S. Government Restricted Rights. If the APIs or Content is being used or accessed by or on behalf of the United States government, such use is subject to the following additional terms. The APIs and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the APIs and the Content are a trade secret and a proprietary commercial product and not subject to disclosure. If the user of the APIs is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the APIs or Content, including technical data, manuals or other accompanying documentation, is restricted by the terms, conditions and covenants contained in the Agreement and this Policy. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the APIs is further restricted by the Agreement and this Policy.

2.              End User Terms and Privacy Policy.

2.0            End User Terms. If you develop a Developed Application for use by other users, the following terms apply:

2.1           End User License Agreement.  You must have a license agreement that End Users must agree to prior to accessing the Developed Application, that at a minimum:

a)                is at least as restrictive on use and protective of the ownership rights of PBI and its third party licensors regarding the APIs and the Content as those set forth in the Agreement;

b)                include any disclaimer of warranty and limitation of liability on the part of PBI and its third party suppliers as those contained in this Policy and the Agreement;

c)                displays to the users of your Developed Application the link to this Policy and the Privacy Statement;

d)                explicitly states in your Developed Application's terms of use that, by using your Developed Application, End Users are agreeing to be bound by these Policies; and

e)                protects the privacy and legal rights of those users.

2.2            Your Privacy Policy.  You must make publicly available, and must abide by, an appropriate privacy policy in your Developed Application. In particular, if your Developed Application enables you or any party to gain access to information about users of the APIs or the Content, including but not limited to personally identifiable information (such as user names) or non-personally identifiable usage information (such as location), your privacy policy must describe your use and retention of this information.

2.3            Cookies.   Per the Privacy Statement, the APIs may store and access cookies and other information on end users’ devices. If you use any part of the APIs that uses cookies, then to the extent required by applicable law, you must provide End Users with clear and comprehensive information about, and obtain the End Users’ consent to, the use of such cookies.


2.4           Attribution.   You agree to include and display the "powered by Pitney Bowes" attribution (and/or any other attribution(s) required by PBI as described in the APIs documentation) conspicuously on the page, in close proximity and adjacent to the APIs search box and search results. The appropriate attribution is available in the APIs documentation.


2.5           Preventing Unauthorized Use.  You must use all reasonable efforts to prevent unauthorized use of the APIs and the Content and terminate any such unauthorized use.


2.6           Responsibility for Breaches.  You are solely responsible for (and PBI has no responsibility to you or to any third party for) any breach of your obligations under the Policy and for the consequences of any such breach (including any loss or damage that PBI may suffer).

2.7            Geolocation Privacy.

a)              Your Developed Application must notify the End User in advance of the type(s) of data that you intend to collect from the user or the user's device. Your Developed Application must not obtain or cache any user's location in any manner except with the user's prior consent. Your Developed Application must let the user revoke the user's consent at any time.

b)              If your Developed Application provides PBI with geolocation data, that geolocation data must not enable PBI to identify an individual user. For example, if your Developed Application sends PBI Your Content, and Your Content includes geolocation data, Your Content must not also include unique device identifiers associated with individual users.

c)              If you intend to obtain the End User's location and use it with any other data provider's data, you must disclose this fact to the user.


3.0           Restrictions against Copying or Data Export.

3.1           No Unauthorized Copying, Modification, Creation of Derivative Works, or Display of the Content.  You must not copy, translate, modify, or create a derivative work (including creating or contributing to a database) of, or publicly display any Content or any part thereof except as explicitly permitted under these Terms. For example, the following are prohibited: (i) creating server-side modification of map tiles; (ii) stitching multiple static map images together to display a map that is larger than permitted in the documentation; (iii) creating mailing lists or telemarketing lists based on the Content; or (iv) exporting, writing, or saving the Content to a third party's location-based platform or service.

3.2           No Pre-Fetching, Caching, or Storage of Content.  You must not pre-fetch, cache, or store any Content or reuse the Content for multiple End Users, except that you may store: (i) limited amounts of Content for the purpose of improving the performance of your Developed Application if you do so temporarily (and in no event for more than 30 calendar days), securely, and in a manner that does not permit use of the Content outside of the APIs; and (ii) any content identifier or key that the APIs documentation specifically permits you to store. For example, you must not use the Content to create an independent database of "places" or other local listings information or geocode an entire database and deliver such geocodes to End Users outside of the APIs.

3.3           No Mass Downloads or Bulk Feeds of Content.  You must not use the APIs in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, visible map data, or places data (including business listings). For example, you are not permitted to offer a batch geocoding service that uses Content contained in the APIs.

4.0           Applications Not Permitted. 

4.1           Restrictions on the Types of Applications that You are Permitted to Build with APIs.  You must not (nor may you permit anyone else to) do any of the following:

a)              No "Wrapping."  YYou must not create or offer a "wrapper" for the APIs. For example, you are not permitted to: (i) use or provide any part of the APIs or Content (such as map imagery, geocoding, directions, places, or terrain data) in an API that you offer to others; or (ii) create a Developed Application that reimplements or duplicates the APIs. For clarity, you are not "re-implementing or duplicating" the APIs if your Developed Application provides substantial additional features or content beyond the APIs, and those additional features or content constitute the primary defining characteristic of your Developed Application.

b)              No Business, Residential, or Telephone Listings Services. You must not display any of the business listings Content in any Developed Application that has the primary purpose of making available business, residential address, or telephone directory listings.

c)              No Creation or Augmentation of an Advertising Product. You must not use any business listings Content to create or augment an advertising product.

d)              No Navigation, Autonomous Vehicle Control, or Enterprise Applications.  You must not use the APIs or Content with any products, systems, or applications for or in connection with any of the following:

(i)              real-time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device.

(ii)            any systems or functions for automatic or autonomous control of vehicle behavior; or

(iii)           in-flight navigation.

e)              No Digital Map Database.  You must not (and must not permit your End Users to) use the Content to create a digital map database. A “digital map database” means a database of geospatial data containing the following information and attributes: (i) road geometry and street names; or (ii) routing attributes that enable turn-by-turn navigation on such road geometry; or (iii) latitude and longitude of individual addresses and house number ranges.

5. Licenses from You to PBI.

5.1           Content License.  PBI claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content in the APIs, you give PBI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Your Content through the APIs solely for the purposes of: (i) enabling PBI to provide you with the APIs; and (ii) use data derived from you or your End User’s use of the APIs for the limited purposes of performing analytics on the APIs performance, or for the purpose of improving or enhancing the APIs or other products or services offered by PBI to its customers; all in accordance with the Privacy Statement.

5.2           Marketing License.   You grant to PBI a worldwide, royalty-free, non-transferable, and non-exclusive license during the Term to use your name and trademark and Your Content to publicize or advertise that you are using the APIs (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the APIs in which Your Content is featured).

5.3           Authority to Grant Licenses. You represent and warrant to PBI that you have all the rights, power and authority necessary to grant the above licenses.

6.0           Additional Third Party Terms.

6.1           TomTom Use Terms.  The APIs contains data owned and license by TomTom. The following additional terms apply to any Content containing TomTom data.

a)              Additional provisions with respect to the data of Norway.  End User is prohibited from using the data of Norway to create commercial general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority.

b)              Additional Provisions with respect to the data for China:  End User agrees that any Licensed Product which contains data of China may be subject to additional terms and conditions which shall be provided to End User when available to TomTom. China data may not be exported from China.

c)              Additional Provisions with respect to the data for Korea:  End User agrees that any Licensed Product which contains data of Korea may be subject to additional terms and conditions which shall be provided to Licensee when available to TomTom. Korea data may not be exported from Korea.

d)              Canadian Postal Codes:  The 6-digit alpha/numeric Canadian Postal Codes contained in any Content cannot be used for bulk mailing of items through the Canadian postal system. Furthermore, the 6-digit alpha/numeric Canadian Postal Codes must be wholly contained in the Developed Application and shall not be extractable. Canadian Postal Codes cannot be displayed or used for postal code look-up on the Internet, nor can they be extracted or exported from any application to be utilized in the creation of any other data set or application. Notwithstanding the above, an End User may optionally correct or derive Canadian Postal Codes using the APIs, but only as part of the address information for locations (e.g.: of delivery points and depots) that have been set up in the APIs, and optionally extract data for fleet management purposes.

e)              Additional provisions with respect to HD Traffic.  End User specifically agrees that it shall not: (i) store the data for more than twenty-four (24) hours on End User’s servers; (ii) broadcast or make HD Traffic available except to authorized End Users; and (iii) use the feed or information received via the feed for historical data purposes (including but not limited to collection or analysis).

f)               Additional provisions with respect to the Premium Points of Interest North America Licensed Product:  It is expressly prohibited to use the Premium Points of Interest North America for: (i) telephone call routing related applications; (ii) screen pop applications, (iii) CD-ROM director of other derivative directory product; (iv) verification services; (v) caller name services; and (vi) online marketing lead verification services.

g)              Brand Icon Component.  End User agrees that the use of the Brand Icon component is subject to the terms and conditions set forth in this Agreement and that there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon component will be subject and which will be provided to the End User from time to time in the product release notes

h)              Additional provisions with respect to the Speed Profiles, HD Traffic, and any other traffic related Content:  the Content such as Speed Profiles or HD Traffic or any derivatives thereof shall not be used for the purpose of enforcement of traffic laws including but not limited to the selection of potential locations for the installation of speed cameras, speed traps or other speed tracking devices.

6.2           Other Third Party Terms.  The APIs contain Content owned and licensed by various third parties. Therefore, in addition to the Agreement, your use of the Content is subject to these additional terms, as applicable.

a)              Bing:  If You or your End User accesses the Microsoft Bing® Service with the APIs, all use of Bing® is governed by the terms located at: http://www.pitneybowes.com/us/license-terms-of-use/bing-terms-of-use.html

b)              Business Points Data:  If the Content includes Business Point Data, the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/business-points-terms.html

c)              Canadian Postal Codes:  If you access any Content that contain Canadian Postal Codes, the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/tomtom-6-digit-canadian-postal-codes.html 

d)              Demographic Data:  If you access any Content that contains demographic data, the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/demographic-data-terms.html .

e)              Point of Call Data:  If you access any Content that includes the Canadian Point of Call Data, the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/canada-post-terms.html 

f)               Universal Address Module Loqate:  If you access the Universal Address Module portion of the APIs, the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/uam-loqate-terms.html

g)              USPS Data:  If the Content contains data provided by the United States Postal Service (“USPS”), the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/usps-terms-_-dpv-lacs-and-suitelink-product.html

h)              VeriMove/VeriMove Express:  If you access the Verimove portion of the APIs, the following additional terms apply: http://www.pb.com/license-terms-of-use/verimove-and-verimove-express-terms.shtml

i)               Royal Mail:  If the Content contains data provided by the Royal Mail, the following additional terms apply: http://www.pitneybowes.com/us/license-terms-of-use/royal-mail-data-terms.html..

This Privacy Statement is effective as of May 1st, 2015

We are committed to respecting the privacy of our users.  We have created this Privacy Statement to describe how our products & services operate, and how we collect, use, and share information. 

This Privacy Statement applies to developer.pitneybowes.com (“Web Site”) and information received about and from you during visits and when utilizing the services on the Web Site.

 

The following topics are presented in this Privacy Statement:

1.     Collecting Personal Information from You

2.     Collecting Other Information

3.     Using Personal Information

4.     Sharing Personal Information

5.     Protecting Personal Information

6.     Your Choices

7.     Applicable Law

8.     Our Right to Change this Privacy Statement

9.     Contact Us

 

1.     Collection of Personal Information from You

In order to provide you with access and services through the Web Site, we ask that you provide certain personal information. For account registration and creation, this will include your name and email address.  For billing purposes, we will also collect your postal address, telephone number, and payment information.   

As you interact with the Web Site and its services, we will also collect geographic data in order to deliver information back to you as part of our service offering.

2.     Collecting Other Information

The Web Site may use several automatic data collection tools and techniques including cookies and clickstream.

Cookies

The Web Site (or third party service providers on our behalf) may set and access cookies on your computer.  A cookie is a small amount of data (often including a unique identifier), which is sent to your browser from a website’s computers and stored on your computer’s hard drive.  We, or our service providers, may use cookies to understand site usage and to improve the content and offerings on our website.  Except for our service providers, we do not knowingly allow third parties to set cookies via this website.

The Web Site, or our service providers, may also use cookies to collect aggregate information about website users on an anonymous basis.  We, or our service providers, may share aggregate demographic and usage information with our prospective and actual business partners, advertisers, and other third parties for any business purpose.

If you don’t want cookies, most web browsers include an option that allows you to not accept them.  However, if you set your browser to refuse cookies, some portions of our website may not function efficiently.  We do not use cookies to collect information about your online activities across third party websites.

Clickstream

 

We may collect information about the "clickstream" of our customers during their visit to our Web Site. This clickstream data contains the pages the visitors came from, the navigational paths they took, and the areas of the Web Site they visited.

From time to time we track such information inside and outside of our Web Site. Additionally, we may from time to time track and match clickstream data with personal information you provide to us in order to deliver content and other offerings - i.e., products and services that might improve your customer experience.

IP Address

Your Internet Protocol (“IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.  We may use your IP address to help diagnose problems with our servers, gather broad demographic information, gather location data, and administer our website.

Tracking Requests

The Web Site does not act on, alter, or change our website behavior upon receiving Do No Track requests from your browser.

3.     Using Personal Information

Personal information we collect through the Web Site will be used to, among other things, for account registration and creation, for the communication of billing essentials and payment processing, and for fulfillment of services as described in our Terms of Service. We also may use the personal information you provide for internal purposes, such as administration and operation of our application, improvement of our services, data analytics, to address technical problems, and compliance with our legal obligations, policies and procedures.

4.     Sharing Personal Information

We may share account activity data with our trusted third party data suppliers for royalty reporting purposes only.  This information will be limited to identification of your account, the number of transactions used and where the third party supplier’s data was accessed.

We may also make information available to third parties in the following circumstances:

1.     When we have a good faith belief it is required by law or to otherwise cooperate with law enforcement activity;

2.     When we have a good faith belief it is necessary to protect our rights or property from fraudulent, abusive, or unlawful activity; or

3.     In the event of a merger, acquisition, liquidation, dissolution or sale of assets.

In these circumstances, your consent will not be required, but we will attempt to notify you, to the extent the law permits and/or requires.

Please note that the Web Site may contain features or links to other websites and services provided by third parties that may differ from our own. We are not responsible for the privacy practices or the content of such third party.  We strongly encourage you to review the privacy policies of each and every link or website before providing them with personal information. 

4.     Protecting Personal Information

We maintain reasonable administrative, physical, and technical safeguards to secure your personal information against unauthorized access or disclosure.

5.     Your Choices

You may decline to share certain personally identifiable information with us; however, by electing to do so, we will be unable to provide you with all the features and functionality of the Web Site.

 

You may deactivate your Web Site account and stop using the Web Site at any time. If you deactivate your account, we will no longer use your personal information with the exception that we may contact you to resolve any remaining billing issues or to make a reasonable attempt to ask you why you stopped using the Web Site and/or invite you back.

 

Once you’ve deactivated, we will no longer share your personal information with any third parties except as part of aggregated (not personally identifiable) statistic and analysis.  Although we will not share personal information of deactivated accounts, we may retain your personal information indefinitely. 

California residents are legally entitled (at no charge and no more than once per year) to request information about how we may have shared your information with others for direct marketing purposes. Contact us at the address below for this information.

6.     Applicable Law

The Web Site is owned and operated Pitney Bowes Inc. in the United States.  This Privacy Statement will be governed by the laws of the State of Delaware, without regard to its conflict of law principles. By using the Web Site, you fully understand and consent to the collection, processing and transfer of your personal information within the United States. You agree that any cause of action that may arise under this Privacy Statement will be commenced and be heard in the appropriate court in the State of Delaware.

7.     Our Right to Change this Privacy Statement

This Privacy Statement may be updated periodically. We will attempt to notify you of any updates, such as indication at the top of the statement when it was most recently updated. We recommend that you visit our Privacy Statement page for the latest version. If you disagree with changes to the Privacy Statement, you may deactivate your account and stop using the Web Site. Your continued usage of the Web Site will be considered your acceptance of any revised Privacy Statement and/or Terms of Service.

8.     Contact Us

If you have questions or comments about our Privacy Statement, our usage and disclosure practices, or your consent options, please contact us at:


Global Ethics & Business Practices
Pitney Bowes Inc. 
3001 Summer Street 
Stamford CT 06926

or

Email us