Terms of Service

1. FCRA Disclaimer - NOT A Consumer Reporting Agency

CRITICAL NOTICE: Tracerfy is NOT a Consumer Reporting Agency as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.

Data provided by Tracerfy may NOT be used for:

Credit decisions or eligibility determinations
Employment screening or background checks
Insurance underwriting or eligibility
Tenant screening or housing decisions
Any purpose regulated under FCRA

By using this service, you certify that you will NOT use the data for any FCRA-regulated purpose. Violation of this certification may result in immediate account termination and legal action.

2. DNC & TCPA Compliance - Customer Responsibility

IMPORTANT NOTICE: Skip tracing results do NOT automatically include DNC scrubbing. Tracerfy offers DNC scrubbing as a separate, optional service billed independently. Regardless of whether Customer uses our DNC scrubbing service, Customer remains solely responsible for full TCPA compliance.

Customer is SOLELY RESPONSIBLE for all TCPA compliance, including:

Scrubbing numbers against federal and state DNC registries
Obtaining prior express written consent before making calls
Maintaining internal do-not-call lists
Honoring opt-out requests immediately
Complying with calling time restrictions

WARNING: TCPA violations can result in penalties of $500-$1,500 PER VIOLATION. Class action lawsuits for TCPA violations can result in millions of dollars in damages.

Customer agrees to INDEMNIFY and HOLD HARMLESS Tracerfy, its owners, officers, employees, and affiliates from any and all claims, damages, penalties, fines, lawsuits, settlements, or expenses (including attorney fees) arising from Customer's failure to comply with TCPA, DNC regulations, FDCPA, or any telecommunications laws.

3. Acceptable Use Policy

PROHIBITED USES - Customers may NOT use Tracerfy data for:

Robocalling or autodialed calls without proper consent
Telemarketing to numbers on DNC registries without legal exemption
Harassment, threats, or illegal activities
Any purpose that violates TCPA, FDCPA, FCRA, or state consumer protection laws
Reselling, redistributing, or sharing data with third parties
Automated scraping or harvesting of Tracerfy's website or services
Reverse engineering or attempting to access source code
Transmitting malware, viruses, or harmful code

Tracerfy reserves the right to immediately suspend or terminate any account suspected of violating this Acceptable Use Policy, without refund or prior notice.

4. API Rate Limits & Abuse Policy

⚠️ CRITICAL NOTICE: API abuse will result in immediate account suspension.

Rate Limits:

POST Trace Submissions: Maximum 10 trace requests per 5-minute window
General API Calls: 1 request every 30 seconds for read endpoints (e.g., /queues/, /analytics/)
Enforced Throttling: Requests exceeding these limits will be automatically rejected with a 503 error
Rate limits apply per user account across all API endpoints

API Abuse Includes:

Exceeding published rate limits through rapid-fire requests
Implementing retry logic that ignores rate limit errors
Using multiple accounts to circumvent rate limits
Distributed attacks or coordinated abuse from multiple IPs
Automated scripts that make excessive POST calls to /trace/ endpoint
Submitting single-row API calls instead of batching records into bulk uploads; the API is designed for batch processing, not row-by-row POST calls
Batch uploading the same data repeatedly without legitimate business purpose
Submitting multiple concurrent lists or queues to intentionally exceed your available credit balance before prior jobs finish processing (credit balance manipulation)

Consequences of API Abuse:

First Offense: Account placed on hold for 24-48 hours, warning issued
Repeated Abuse: Permanent account suspension without refund
Severe Abuse: Immediate permanent ban, possible legal action for damages
All remaining credits forfeited upon account suspension

Best Practices for API Usage:

Implement exponential backoff when receiving rate limit errors
Batch data intelligently to minimize API calls
Cache results to avoid redundant requests
Monitor your API usage through the /analytics/ endpoint
Contact support if you need higher rate limits for legitimate business needs

Tracerfy monitors all API activity and reserves the right to adjust rate limits, investigate suspicious patterns, and suspend accounts found to be abusing the service. Please use the API responsibly and in accordance with these terms.

5. Data Accuracy & Source Disclaimer

NO WARRANTY OF ACCURACY:

Data is derived from public records and third-party sources
Tracerfy does NOT guarantee accuracy, completeness, or currentness of data
Public records may contain errors, omissions, or outdated information
Data accuracy estimates (70-95%) are approximate and not guaranteed
Customer is responsible for verifying data accuracy before use

Tracerfy aggregates data from publicly available sources and third-party data providers. We do not create, verify, or certify the underlying information.

NOT FOR LEGAL USE: All data provided by Tracerfy is for informational purposes only and shall not be used as evidence, testimony, or legal proof in any court, arbitration, or legal proceeding. Tracerfy does not provide sworn statements, certified records, or any form of legal verification.

6. Limitation of Liability

SERVICE PROVIDED "AS IS":

Tracerfy provides services on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

MAXIMUM LIABILITY CAP:

In no event shall Tracerfy's total liability to Customer for all claims arising from or related to the service exceed the total amount paid by Customer to Tracerfy in the twelve (12) months preceding the claim.

EXCLUSION OF DAMAGES:

Tracerfy shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Lost profits or revenue
Business interruption or loss of data
TCPA, FDCPA, or other regulatory penalties incurred by Customer
Third-party claims or lawsuits against Customer
Cost of substitute services or data

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Tracerfy has been advised of the possibility of such damages.

7. Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless Tracerfy, its owners, officers, directors, employees, agents, and affiliates from and against any and all:

Claims, lawsuits, demands, or legal proceedings
Damages, losses, liabilities, settlements, and judgments
Costs and expenses (including reasonable attorney fees)

Arising from or related to:

Customer's use or misuse of Tracerfy's services or data
Customer's violation of these Terms of Service
Customer's violation of any laws, including TCPA, FDCPA, FCRA, DNC regulations, or state privacy laws
Customer's infringement of any third-party rights
Any claims by individuals whose data was obtained through Tracerfy

This indemnification obligation survives termination of your account and these Terms of Service.

8. Dispute Resolution & Mandatory Arbitration

PLEASE READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS:

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Tracerfy's services shall be resolved through binding arbitration, NOT in court.

Arbitration Agreement:

All disputes shall be resolved by binding arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules
Arbitration shall be conducted in the state of New York
The arbitrator's decision shall be final and binding
Each party shall bear its own costs and attorney fees unless otherwise awarded by the arbitrator

CLASS ACTION WAIVER:

Customer agrees that any arbitration or legal proceeding shall be conducted on an individual basis only. Customer waives the right to participate in any class action, collective action, or representative proceeding against Tracerfy.

Exceptions:

Either party may seek injunctive relief in court to protect intellectual property rights or enforce confidentiality obligations.

9. No Refund Policy

We believe in the value of our service, and customer satisfaction is our priority.

All purchases, uploads, API usage, credits, and subscriptions are FINAL and NON-REFUNDABLE
We encourage evaluation and testing of data quality before large uploads
Account credits may be issued at our sole discretion for specific circumstances

Chargebacks: Initiating a chargeback or payment dispute constitutes breach of these Terms and will result in immediate account suspension/termination. Tracerfy reserves the right to pursue collection of fees owed plus legal costs.

10. Credit System & Usage Billing

How Credits Work:

Tracerfy operates on a unified credit system for both web uploads and API usage. Credits are consumed based on the service used.

Skip Tracing Credit Deduction (Pay-Per-Hit):

Credits are deducted only for successful matches (hits)
Normal Trace: 1 credit per successful hit
Enhanced Trace: 15 credits per successful hit
No credits deducted for records with zero matches (no data found)

DNC Scrubbing Credit Deduction (Pay-Per-Phone):

1 credit per phone number checked
Credits are deducted for every phone number submitted, regardless of DNC status
DNC scrubbing is a separate service from skip tracing but uses the same credit balance

Applies to All Users:

Web dashboard uploads (CSV files)
API requests (programmatic access)

Billing Options:

Prepaid Credits: Purchase credits in advance via Stripe Checkout
Post-Paid (API users): Use credits on account, invoiced monthly (requires saved payment method)

Negative Credit Balances:

Intentionally submitting multiple concurrent lists to exceed your available credit balance before prior jobs finish processing is considered credit balance manipulation and a violation of these Terms
Any negative credit balance must be repaid immediately upon notification
Accounts with unresolved negative balances will be suspended until the balance is settled
Repeated or intentional credit balance manipulation will result in permanent account termination

11. Customer Data Responsibility

Customer warrants that all uploaded data is:

Accurate & current
Properly formatted
Free of duplicate records
Pre-validated & cleansed

12. No Charges for Non-Matches (Skip Tracing)

For skip tracing, you are NOT charged credits for:

Records with zero matches (no owner data found)
Malformed or incomplete address records that cannot be processed
Duplicate entries already traced in the same batch

Skip tracing credits are only deducted when we successfully retrieve owner contact information for a property.

Note: DNC scrubbing operates on a different billing model — credits are charged per phone number checked, regardless of whether the number appears on a Do Not Call list. See Section 10 for details.

13. Intellectual Property Rights

Tracerfy Ownership:

Tracerfy retains all rights, title, and interest in and to the service, including all software, technology, algorithms, user interface, trademarks, and proprietary data compilation methods. Customer receives only a limited, non-exclusive, non-transferable license to use the service.

Customer License:

Data obtained through Tracerfy is licensed for Customer's internal business use only. Customer may NOT resell, redistribute, sublicense, or share data with third parties without express written permission from Tracerfy.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any legal action not subject to arbitration must be brought exclusively in the state or federal courts located in New York, and Customer consents to personal jurisdiction in such courts.

15. Severability & Entire Agreement

Severability:

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between Customer and Tracerfy regarding the use of our services and supersede all prior agreements and understandings.

16. Modifications to Terms

Tracerfy reserves the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on our website. Continued use of the service after changes constitutes acceptance of the modified Terms.

Terms of Services