Terms of Use

Draft for test checkout (as-built product). Counsel review required before public launch. Last updated: 2026-07-24.

Who these Terms cover

These Terms of Use (“Terms”) govern your use of the VisitsInPoly website and service, a product of Datience (“we,” “us”), and each purchase you complete on the site (each an Order). This is a website / purchase agreement — not a software or data license agreement. You buy a processed deliverable for an Order and agree to these use rules, including that you hold us harmless as set out below. If you buy on behalf of a company or other organization, you confirm you are allowed to bind that organization, and “you” includes that organization. You must be at least 18 years old to place an Order.

What this service is (and is not)

VisitsInPoly sells online foot-traffic results for a place and dates you choose — similar in form to other self-serve data or report sites (pay → get a file), not a subscription “data license” from a location-data licensor.

We are not a consumer reporting agency under the U.S. Fair Credit Reporting Act (FCRA), and Order results are not consumer reports. Do not use results to judge a person’s eligibility for credit, insurance, employment, housing, education, government benefits, or similar FCRA-covered purposes, or to take an “adverse action” about an individual based on the results. Those limits are repeated under prohibited uses below.

Results are estimates from available opt-in location data. They may be incomplete, delayed, or wrong for a given place and day. You alone decide how to rely on them.

Order scope (what you are buying)

When you complete purchase, you are buying foot-traffic results derived from opt-in mobile devices for:

The geographic area shown at checkout (the area you drew or uploaded), and
The date range shown at checkout (a 2-day or 5-day range), and
The price shown at checkout (including any optional match-key add-on you enabled).

That combination is your Order. After you pay, we process and deliver results for that Order only. Changing the map or dates on the website after payment does not change an Order already paid for.

Before payment, the price and selection may update if you change the area or dates. The amount charged is the amount displayed when you confirm payment.

Geographic coverage

VisitsInPoly covers the 50 U.S. states and the District of Columbia only. U.S. territories (including Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands) are not supported.

Date availability

Available start dates and lengths are as shown in the product at checkout. Data may trail calendar “today” by several days (data lag). An earliest available date may apply. Selecting dates outside the ranges offered in the product is not supported.

Area limits

Maximum area, minimum area, and related drawing limits are as shown in the product at checkout (for example, a maximum of about 10 acres). Invalid or out-of-limit areas cannot be ordered.

What you receive

When processing completes, we email the address you provided with download links (time-limited) for:

traffic.csv — visit rows for the Order’s area and dates (for example: a pseudonymized device identifier, device type, timestamp, engagement, quality, latitude, longitude). We do not deliver raw mobile advertising ids (unmasked MAIDs), names, emails, phone numbers, or other direct personal identifiers.
polygon.geojson — the area used for the Order (so you can keep or re-upload it).

Results may also be available through the product’s order-status tools while links remain valid. Processing can take hours or longer depending on area, dates, and how many Orders are already in the queue. Delivery is by email when the Order completes or fails — please use the status link in your confirmation email rather than emailing support for progress updates.

Download links expire after a limited time. You are responsible for downloading and storing your files while links are valid. We do not promise indefinite online storage of every Order’s files.

How you may use the results

When an Order completes, you receive the files described above for that Order. You may use them for your own internal business, research, or analytics about the place and dates you purchased — for example estimating foot traffic or preparing a report — so long as you follow these Terms (including the privacy and prohibited-use rules).

Any decision you make using the results (investment, leasing, marketing, operations, or otherwise) is your decision alone. We do not advise on those choices and are not responsible for them.

You do not acquire ownership of VisitsInPoly, our systems, methods, or underlying source data. Paying for an Order does not transfer those rights. Insights and summaries you create for yourself from your files are yours to keep; the raw deliverables remain subject to these use restrictions. You may not treat the purchase as a transferable data feed, a right to resell our service, or permission to open the raw file to the public as a consumer-level data product.

Privacy measures and re-identification

VisitsInPoly is designed for place-level foot-traffic analytics, not for identifying people. Like other commercial location-analytics services, we rely on technical measures plus clear limits on how results may be used.

What we do

Results are derived from opt-in mobile location data supplied through our data partners; we do not ask you for end-user personal information to fulfill an Order.
Device identifiers in traffic.csv are pseudonymized before delivery (one-way salted hashing). We do not deliver raw MAIDs or a key that reverses those identifiers back to a raw advertising id.
By default, pseudonyms are scoped to your Order (not joinable across purchases). If you enable the optional match key, the same pseudonym can appear across Orders where you reuse that key — still without exposing raw device ids.
We do not provide names, contact details, household identity, or a people directory tied to rows in traffic.csv.

What you must not do

You agree that you will not, and will not permit others to:

Attempt to re-identify, deanonymize, or otherwise link any individual or household to rows in the results — including by combining results with other datasets, logs, loyalty data, camera footage, or personal knowledge.
Reverse-engineer, decrypt, or try to recover raw device identifiers (including MAIDs) from pseudonymized fields, or reverse-engineer our service, algorithms, or data sources.
Use results to target, track, contact, or take action against a known person, or to build a profile of a specific individual or device.
Use results to make eligibility or similar decisions about a person (for example employment, housing, credit, insurance, or health-care eligibility), or for solely automated decisions that significantly affect an individual — including any purpose covered by the FCRA or similar laws (see “What this service is” above).
Use results for unlawful surveillance, stalking, discrimination, or for advertising or attribution based on visits to sensitive categories of places (for example, health-care, places of worship, schools serving minors, or similar sensitive locations), except where clearly permitted by applicable law.
Market or provide the results (or derived individual-level insights) to law enforcement or government agencies for investigating or tracking specific people, except where required by valid legal process directed to us or to you.
Resell, republish, sublicense, or redistribute the raw traffic.csv (or material extracts) as a consumer-level location, mailing, or identity product, or use VisitsInPoly to build a competing foot-traffic data service.
Circumvent technical limits, scrape the service abusively, or share status links or access tokens so others can pull results they did not purchase.

Permitted use is limited to lawful business, research, and analytics about the place and time window in your Order, consistent with these Terms and applicable law. You are responsible for your own compliance (including privacy and consumer-protection laws) when you store or further process the results. You agree to use reasonable care to keep result files and links secure against unauthorized access.

No guarantee of visit volume

Because your inputs vary (area shape and size, location, and dates) and our counts come from opt-in mobile devices — not a complete census of every device that was present — we do not guarantee that any visiting devices will be returned for your Order. Results may be low or zero. A completed Order that returns zero visiting devices is still a fulfilled delivery of the service you purchased for that area and date range. Except where required by law, a zero or low count alone does not entitle you to a refund.

What we do not provide

Raw advertising ids (unmasked MAIDs), personal identities, or continuous “follow this device” traces outside your Order.
A subscription, ongoing monitoring, or unlimited queries (unless a separate plan says otherwise).
Guaranteed accuracy equal to a physical census or point-of-sale system — results are estimates from available location data.
Any right to re-identify individuals or to use results for the prohibited purposes above.
Advice on legal compliance for your particular use case — that remains your responsibility.

Optional match key

If you enable the optional match-key add-on and supply a key, pseudonymized device ids in traffic.csv can be consistent across Orders where you reuse the same key. The add-on is priced from the Order’s area and days and is charged each time you enable it. VisitsInPoly does not create an account for you; you are responsible for saving and reusing your key. A match key does not reveal raw device ids and does not authorize re-identification; it only lets you join your own Orders’ pseudonyms. Treat the key as a secret. See Why use a match key? for a plain-language explanation.

Payment, cancellation, and refunds

Payment is due at checkout via our payment processor.
We accept US-issued credit or debit cards only. Cards issued outside the United States may be declined.
Prices are shown before tax. Applicable sales tax may be added at checkout as a separate line. You are responsible for taxes we are required to collect; we do not collect tax on our own income.
Once your Order is paid (submitted), it cannot be cancelled and is not refundable for change of mind, waiting time, or because results are low or zero — except where required by law, or where we fail to deliver the Order due to a technical failure on our side (in which case we will refund that Order).

Service availability and our rights

We may refuse, delay, or cancel an Order (with a refund of amounts paid for that Order if we cancel before delivery) if we believe the request violates these Terms, applicable law, our capacity limits, or risks harm to privacy or the service. We may suspend access to downloads or status links for the same reasons. We may also refuse or cancel Orders tied to suspected fraud, abuse, or payment disputes/chargebacks. Temporary outages, queue delays, and maintenance can happen; they do not by themselves create a refund beyond the rules above.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, VISITSINPOLY AND THE RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT RESULTS WILL BE ERROR-FREE, COMPLETE, UNINTERRUPTED, OR FIT FOR ANY PARTICULAR DECISION YOU MAKE. YOU USE THE RESULTS AT YOUR OWN RISK; WE ARE NOT RESPONSIBLE FOR BUSINESS DECISIONS YOU MAKE BASED ON THEM.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS, ARISING FROM THESE TERMS OR AN ORDER, EVEN IF WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM AN ORDER OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THAT ORDER. SOME PLACES DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE PLACES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED.

You hold us harmless

You agree to defend, indemnify, and hold harmless Datience and VisitsInPoly (and our officers, employees, and agents) from and against claims, damages, losses, and reasonable attorneys’ fees arising out of or related to: (1) your use of the results; (2) your breach of these Terms (including re-identification and prohibited-use rules); (3) your violation of law or third-party rights in connection with an Order; or (4) any dispute between you and a third party about how you used the results. We may participate in the defense at our own expense. This obligation is a core condition of using VisitsInPoly — not a separate license grant from us to you.

Changes to these Terms

We may update these Terms from time to time by posting a new version on this page and updating the “Last updated” date. Changes apply to Orders placed after the update. For an Order already paid, the Terms in effect when you paid continue to apply to that Order, except where a change is required by law.

Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules. Courts located in Texas will have exclusive jurisdiction over disputes, except that we may seek injunctive relief in any court to stop misuse of results or our service. (Counsel may refine venue before public launch.)

General

These Terms are the whole agreement between you and us for VisitsInPoly Orders and replace prior discussions on that subject. If a provision cannot be enforced, the rest still applies. Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our consent; we may assign them in connection with a corporate transaction. Obligations that by nature should survive (including permitted-use and privacy rules, disclaimers, liability limits, and hold-harmless) continue after an Order is complete.

Contact

For questions about VisitsInPoly orders or this service, email web.support@datienceiq.com. How we handle buyer information (email, Order details, payments via Stripe) is described in our Privacy Notice.

Acceptance

By checking that you agree to the Terms of Use and completing purchase, you agree to these Terms for that Order, including the hold-harmless terms above.