These Terms of Service (the “Terms”) are an agreement between Overview Software Inc., a Delaware corporation (“Overview,” “we,” “us”), and the organization on whose behalf you access the Services (“Customer,” “you”). By creating an account, joining an organization, or using the Services, you accept these Terms and represent that you have authority to bind your organization to them. If you do not have that authority or do not agree, do not use the Services.
The Services are for business use only. You represent that you are at least 18 years old and using the Services on behalf of a business, not for personal, family, or household purposes.
1. The Services
Overview provides a platform through its websites, web application, and mobile applications through which Customer can: (a) select geographic areas on a map; (b) receive an estimate of the number of buildings or addresses within a selection; (c) purchase enriched records — validated postal addresses and associated contact records such as names and phone numbers — for that selection (“Data Products”); (d) export Data Products; and (e) have postcards printed and mailed to selected addresses (“Mail Services”).
Overview is a platform and facilitator. Data Products are compiled from third-party licensed data providers and public datasets; Mail Services are fulfilled by third-party print-and-mail vendors. Overview does not originate the underlying data and does not itself print or deliver mail.
2. Accounts and organizations
Accounts are managed through our identity provider. You are responsible for safeguarding your credentials and for all activity under your account. All members of your organization share access to the organization’s data, purchases, exports, mail campaigns, and billing ledger; managing who belongs to your organization is your responsibility. Team features may also make canvassing sessions, logged doors, activity metrics, leaderboard information, and derived route information available to authorized organization members based on their roles. Customer is responsible for configuring access appropriately and notifying us promptly at legal@overview.app of any unauthorized use.
If Customer uses canvassing, team activity, route sharing, or other workforce-monitoring features, Customer is solely responsible for determining whether and how those features may lawfully be used for its workers. Before enabling or requiring such use, Customer must provide all notices, obtain all consents, establish all policies, and comply with all employment, labor, privacy, monitoring, and location-tracking laws that apply to its workers. Customer must not use the Services to track a person outside an active canvassing session or for an unlawful employment or surveillance purpose.
3. Subscriptions
Access to the Services requires a paid subscription tier. Subscriptions are billed in advance on a recurring basis and renew automatically until cancelled. Purchases made directly from Overview are processed by Stripe. Purchases made through a mobile application marketplace, if offered, are processed by the applicable marketplace and are also subject to its payment, renewal, cancellation, and refund terms.
You may cancel a subscription at any time, effective at the end of the current billing period. Direct subscriptions may be cancelled through the account settings in the Services. Store-billed subscriptions must be managed through the applicable marketplace account or the subscription-management link in the mobile application. Deleting the app or requesting account deletion does not by itself cancel a subscription. Subscription fees are non-refundable except where required by law or the applicable marketplace’s rules. We may change subscription pricing with at least 30 days’ notice, effective at your next renewal; marketplace price changes may also require the notice or consent specified by that marketplace.
4. Estimates
Pre-purchase counts and costs shown for a selected area are estimates only, derived from modeled building-footprint data. They are not a guarantee of the number, identity, or quality of records that will actually be collected. Actual charges are based on records actually processed, as described in Section 5.
5. Credits, usage charges, and reconciliation
5.1 Prepaid credits. Usage of Data Products and Mail Services is paid from your organization’s prepaid credit balance. Credits are purchased through Stripe or, if offered in a mobile application, the applicable marketplace at the rates shown in the Services.
5.2 Usage charges. When you purchase enrichment for a selection, your balance is debited at your organization’s per-record rates (e.g., per address, per contact, per mailer). Rates are shown in the Services and may vary by organization and subscription tier.
5.3 Uncollectable records are credited, not refunded. Some addresses in a selection will not yield a collectable record. After processing completes, the portion of your charge attributable to uncollectable records is automatically returned to your organization’s credit balance. Reconciliation is issued as account credit only; credits have no cash value, are non-transferable, and are not redeemable for money except where required by law. Credits do not expire while your account remains open. If your account is terminated for your breach of these Terms, unused credits are forfeited; if you close your account in good standing, contact us and we will review unused-balance requests in good faith.
5.4 Billing disputes. Contact legal@overview.app within 60 days of a disputed charge; we will review in good faith. Undisputed charges after 60 days are final.
6. Data Products — license and restrictions
6.1 License; no sale of ownership. Data Products are licensed, not sold. Subject to these Terms and payment of applicable fees, Overview grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Data Products during the term of Customer’s account for Customer’s own internal business purposes, including marketing Customer’s products and services to the individuals and addresses in the records. Customer receives no ownership interest in Data Products or in the underlying records.
6.2 Restrictions. Customer must not: (a) resell, relicense, publish, or otherwise redistribute Data Products or make them available to any third party, other than to service providers acting on Customer’s behalf under confidentiality obligations; (b) use Data Products to build, train, or augment any competing database or product; (c) attempt to re-identify, aggregate, or combine Data Products in ways that violate applicable law; or (d) use Data Products for any unlawful purpose.
6.3 California restriction. Data Products are not currently available for California locations or California residents. Customer must not attempt to obtain California records by manipulating geographic selections, submitting false location information, combining Data Products with other information, or otherwise circumventing Overview’s geographic restrictions.
6.4 No FCRA use. Overview is not a consumer reporting agency and Data Products are not “consumer reports” under the Fair Credit Reporting Act (FCRA). Customer must not use Data Products, in whole or in part, to determine any person’s eligibility for credit, insurance, employment, housing, government benefits, or any other purpose regulated by the FCRA.
6.5 Marketing-law compliance is Customer’s responsibility. Customer is solely responsible for its use of Data Products complying with all applicable laws, including the TCPA, federal and state do-not-call rules, telemarketing and text-messaging laws, CAN-SPAM, and state privacy laws. Do-not-call indicators included in Data Products are provided as a convenience, may be incomplete or out of date, and do not substitute for Customer’s own scrubbing and compliance obligations. Choosing an export option that filters flagged numbers does not transfer any compliance obligation to Overview.
6.6 Non-exclusivity. Data Products are licensed on a non-exclusive basis. Overview may retain records obtained in fulfilling Customer’s requests and use them to fulfill requests from other customers.
6.7 Data subject requests. If Overview is required to delete or suppress a record (for example, because the individual opted out under our Privacy Policy), Overview may do so without liability, and Customer must honor any suppression notice Overview passes along with respect to future use.
6.8 Accuracy. Overview takes reasonable measures to maintain a high level of accuracy in Data Products compiled from third-party and publicly available sources. Because the underlying information may contain errors or become outdated, Overview cannot warrant that every record is accurate, current, complete, or associated with the selected address.
7. Mail Services
Customer is responsible for the content of its mailers, including artwork it uploads, and warrants that mailer content: is lawful; does not infringe any third party’s rights; is not deceptive; and complies with USPS regulations and applicable advertising laws. Customer grants Overview and its print-and-mail vendors a license to reproduce and distribute uploaded artwork solely to fulfill Customer’s campaigns. Overview may reject any mailer content in its reasonable discretion. Delivery timelines are estimates; printing and delivery are performed by third parties and the postal service, and Overview’s responsibility for a failed mailing is limited to re-crediting the applicable mailer charge.
8. Acceptable use
You must not: interfere with or disrupt the Services; probe, scan, or test vulnerabilities without written authorization; access the Services by automated means except through interfaces we provide; circumvent usage metering, rate limits, or access controls; or use the Services to harass, stalk, or harm any individual. We may suspend access immediately for conduct we reasonably believe violates this section or threatens the Services or others.
9. Intellectual property
Overview retains all rights in the Services, including software, interfaces, and the compilation and structure of its databases. Customer retains all rights in its uploaded content. Feedback you provide may be used by Overview without restriction or obligation.
10. Third-party services
The Services depend on third-party providers (including identity, payments, data, mapping, and print-and-mail vendors). Overview is not responsible for third-party services’ availability or performance, and your use of features powered by them may be subject to their terms. If a third-party provider fails to fulfill a Customer purchase, Overview’s obligation is limited to re-crediting the applicable charge under Section 5.3.
11. Disclaimers
THE SERVICES AND DATA PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, INCLUDING ANY WARRANTY THAT ESTIMATES WILL MATCH ACTUAL RESULTS, THAT DATA PRODUCTS ARE ACCURATE OR CURRENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of liability; indemnification
12.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERVIEW’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO OVERVIEW IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. OVERVIEW WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
12.2 Indemnification. Customer will defend and indemnify Overview and its officers, directors, and employees against claims, damages, and costs (including reasonable attorneys’ fees) arising from: (a) Customer’s use of Data Products, including any telemarketing, texting, or mailing conducted by or for Customer; (b) Customer’s mailer content; (c) Customer’s violation of these Terms or applicable law; or (d) Customer’s violation of any third party’s rights.
13. Governing law; dispute resolution
13.1 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.
13.2 Informal resolution first. Before filing any claim, the party asserting a dispute must email legal@overview.app (or, for Overview, the Customer’s account email) describing the dispute, and the parties will attempt in good faith to resolve it within 30 days.
13.3 Arbitration. Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or Data Products.
13.4 Class action waiver. All disputes will be arbitrated on an individual basis only. Neither party may participate in a class, collective, or representative action against the other.
13.5 Opt-out. Customer may opt out of Sections 13.3–13.4 by emailing legal@overview.app within 30 days of first accepting these Terms, stating its organization name and intent to opt out. If arbitration is opted out of or held unenforceable, disputes will be resolved exclusively in the state and federal courts located in Delaware, and both parties consent to their jurisdiction.
14. Suspension and termination
Customer may stop using the Services at any time and cancel its subscription under Section 3. Overview may suspend or terminate access: (a) for material breach of these Terms, including Sections 6 and 8, effective immediately; (b) for non-payment; or (c) upon 30 days’ notice for any reason, in which case Overview will refund the prorated unused portion of any prepaid subscription and, notwithstanding Section 5.3, work with Customer in good faith regarding unused credits.
When Customer’s account is closed or terminated, the Data Product license granted in Section 6.1 ends immediately. Customer must stop using Data Products and delete all copies in its possession or control, including copies held by its service providers, except that Customer may retain a minimal suppression record or a copy required by law solely for compliance or legal-recordkeeping purposes and not for marketing or other commercial use. Sections 5.3, 6.2–6.8, 9, 11, 12, 13, and this paragraph survive termination.
15. Changes to these Terms
We may update these Terms. Material changes will be announced through the Services or by email at least 14 days before taking effect; continued use after the effective date constitutes acceptance. Changes to Section 13 do not apply to disputes that arose before the change.
16. General
These Terms, together with the Privacy Policy and any order or rate terms shown in the Services, are the entire agreement between the parties regarding the Services. If Customer and Overview have executed a separate written agreement covering the Services, that agreement controls to the extent of any conflict. If any provision is held unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. Customer may not assign these Terms without Overview’s consent; Overview may assign them in connection with a merger, acquisition, or sale of assets. Notices to Overview go to legal@overview.app; notices to Customer go to the account email on file. Neither party is liable for delay or failure caused by events beyond its reasonable control (other than payment obligations).
17. Mobile applications and app marketplaces
If you download a mobile application from Apple App Store or Google Play (each, an “App Marketplace”), your use of the application is also subject to the applicable App Marketplace’s terms. If these Terms conflict with mandatory App Marketplace terms, the mandatory App Marketplace terms control solely with respect to your use of that application.
Overview, not the App Marketplace, is responsible for the Services, support, maintenance, and addressing claims relating to the mobile application, except to the extent otherwise required by law. The App Marketplace has no obligation to provide maintenance or support for the Services. You represent that you are not located in a country subject to a US government embargo and are not listed on a US government list of prohibited or restricted parties.
For an application downloaded from Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Section 17 and may enforce it against you upon your acceptance of these Terms. Apple is not otherwise a party to these Terms.