← DashboardCDXZipStream SOFTWARE AND SERVICE LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE AND SERVICE LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND CDX TECHNOLOGIES, A DIVISION OF HUGHES FINANCIAL SERVICES, INC. ("HFS"). READ IT CAREFULLY. IT GOVERNS YOUR USE OF THE CDXZipStream ADD-IN SOFTWARE AND THE HOSTED CDXZipStream SERVICE, AND CONTAINS WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS. BY CREATING AN ACCOUNT, INSTALLING OR USING THE ADD-IN, OR ACCESSING THE SERVICE WITH AN API KEY, YOU CONFIRM YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE OR THE SERVICE.
1. Definitions
"HFS" means Hughes Financial Services, Inc. and its licensors, if any. CDXZipStream is a product developed and operated by HFS.
"Software" means the CDXZipStream add-in clients for Microsoft Excel, Google Sheets, and LibreOffice Calc, and any associated documentation, updates, and upgrades provided to you.
"Service" means the hosted CDXZipStream platform (the CDXZipGeo API at api.cdxzipstream.com and the web application at app.cdxzipstream.com) that the Software and your own applications call to perform ZIP/postal, distance, demographics, geocoding, routing, address-verification, and related operations.
"Account" means your CDXZipStream account, which holds your subscription plan and credit balance.
"API Key" means a credential issued to your Account that authenticates calls to the Service. Multiple API Keys may belong to one Account and all draw on the same credit balance.
"Credits" means the prepaid units consumed when the Service performs an operation. Each operation has a published per-operation credit cost (see the in-product rate card / pricing page).
2. License Grant
Subject to your continued compliance with this Agreement and, where applicable, payment of fees, HFS grants you a personal, non-exclusive, non-transferable, revocable license to (a) install and use the Software, and (b) access and use the Service through your Account and API Key, solely for your own internal business or personal use.
The Software is licensed, not sold. Your rights are limited to those expressly granted here.
You may use the Service from your own software environment (e.g. a spreadsheet add-in, script, or application) provided you authenticate with a valid API Key issued to your Account and otherwise comply with this Agreement.
3. The Service and Credits
The Service is metered in Credits. Each Account has a subscription plan (e.g. Free, Pro, or Enterprise) that provides a monthly Credit grant, and may also hold a balance of prepaid top-up Credits. All plans support top-ups.
Each operation the Service performs consumes Credits at the then-current published rate. Credits are drawn first from the monthly grant and then from the top-up balance.
Monthly grant Credits are provided for the applicable billing period and do not roll over; unused grant Credits expire at the end of the period. Prepaid top-up Credits do not expire while your Account remains active.
When an Account's available Credits (monthly grant remaining plus top-up balance) are insufficient to cover an operation, the Service will decline that operation until the Account is replenished (by the next monthly grant, a plan change, or a Credit top-up). Declined operations are not performed and are not charged.
All API Keys on an Account share that Account's single pooled Credit balance and plan. Adding API Keys does not add Credits.
HFS may change per-operation Credit costs, plan grants, rate limits, and pricing on notice posted in-product or on the CDXZipStream website or otherwise provided to you.
4. Accounts, API Keys, and Security
You are responsible for maintaining the confidentiality of your API Keys and for all activity that occurs under your Account and Keys. Treat API Keys as secrets; do not embed them where third parties can extract them, and do not share them outside your organization.
You agree to notify HFS promptly of any known or suspected unauthorized use of your Account or API Keys. You may revoke and re-issue Keys at any time through your Account.
You agree to provide accurate Account and registration information and to keep it current.
5. Acceptable Use and Restrictions
You agree not to, and not to permit others to:
resell, rent, lease, sublicense, or provide the Software or Service to third parties as a standalone service;
copy (except as necessary to use the Software), modify, translate, or create derivative works of the Software, or decompile, reverse engineer, or disassemble it, except to the extent applicable law expressly permits;
use the Service to build or train a competing product or service, or to extract, scrape, or systematically download the underlying datasets other than through normal metered use;
circumvent or attempt to circumvent Credit metering, rate limits, authentication, or other technical controls;
exceed the rate limits or per-call limits applicable to your plan, or otherwise interfere with or place an undue burden on the Service or the networks connected to it;
use the Service in violation of any applicable law, regulation, or third-party rights, or to transmit unlawful, infringing, or harmful content; or
remove or alter any proprietary notices in the Software or Service.
6. Third-Party Data and Providers
The Service relies on data and providers including, without limitation, USPS-derived address data, public reference data, and third-party geocoding/routing providers. Some operations route requests to those providers.
You are responsible for complying with any applicable third-party terms that apply to results you obtain. Reference, geocoding, demographic, and routing results are provided for general use and may be approximate, incomplete, or out of date; you should independently verify results before relying on them for any decision with legal, financial, or safety consequences.
7. Fees, Credits, and Refunds
Paid plans and Credit top-ups are billed in U.S. dollars through the CDXZipStream customer portal and are subject to the pricing then in effect. Currency conversion, wire, and bank fees are your responsibility.
Except where required by applicable law, fees and purchased Credits are non-refundable, and Credits have no cash value. HFS may suspend or limit Service for non-payment or delinquency.
8. Ownership
HFS and its suppliers retain all right, title, and interest, including all copyright and other intellectual property rights, in and to the Software, the Service, and all underlying technology and data compilations, and all copies thereof. All rights not expressly granted in this Agreement are reserved.
You retain ownership of the input data you submit to the Service. You grant HFS the limited right to process that input as needed to provide the Service and to maintain operational and usage logs (e.g. for billing, security, and reliability).
9. Warranty Disclaimer
THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." HFS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. HFS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR COMPLETE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you; in that case such warranties are limited in duration to ninety (90) days.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HFS NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS, DATA, OR GOODWILL, OR SERVICE INTERRUPTION) ARISING OUT OF OR RELATED TO THE SOFTWARE OR SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HFS'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID HFS FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $50.
Some jurisdictions do not allow certain limitations, so portions of the above may not apply to you.
11. Term and Termination
This Agreement applies for as long as you have an Account or use the Software or Service.
You may stop using the Service and close your Account at any time. HFS may suspend or terminate your Account, API Keys, or access if you breach this Agreement, fail to pay, or use the Service in a manner that risks harm to the Service or others.
On termination, your license ends and you must stop using the Software and Service. Provisions that by their nature should survive (including Ownership, Warranty Disclaimer, Limitation of Liability, and General) survive termination. HFS has no obligation to retain your data after termination.
12. Changes to the Service or this Agreement
HFS may modify, add, or discontinue features of the Software or Service, and may update this Agreement, on notice posted in-product or on the CDXZipStream website or otherwise provided to you. Your continued use after changes take effect constitutes acceptance.
13. Export and U.S. Government Use
You may not use or export the Software or Service in violation of U.S. export laws and regulations. The Software and Service are "commercial items" and are provided to U.S. Government end users with only the rights granted to all other users under this Agreement, consistent with FAR 12.212 and DFARS 227.7202.
14. General
This Agreement is governed by the internal laws of the State of New Jersey, without regard to its conflict-of-laws principles, and without regard to the United Nations Convention on the International Sale of Goods. You consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey.
This Agreement is the complete agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous understandings. Any additional or conflicting terms in your purchase or other documents are of no effect. HFS's failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in effect. No reseller, agent, or employee is authorized to modify this Agreement.
CDXZipStream and related marks are trademarks of HFS in the United States and other countries. Third-party marks are the property of their respective owners.
15. Contact
Questions about this Agreement or the Service: https://cdxzipstream.com/account/support
Hughes Financial Services, Inc., 2 West Hanover Ave., Suite 212, Randolph, NJ 07869-4222.