CAP Index Legal
Browse the sections below to review CAP Index’s legal documents including our Privacy Policy and the Terms and Conditions for Use of the CAP Index websites, products, and services.
TERMS AND CONDITIONS OF USE AGREEMENT BETWEEN CUSTOMER AND CAP INDEX, INC.
IMPORTANT – READ CAREFULLY: THIS TERMS AND CONDITIONS OF USE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN “CUSTOMER” AND CAP INDEX, INC. (“CAP INDEX”). “CUSTOMER” MEANS THE LEGAL ENTITY EXECUTING THE APPLICABLE ORDER FORM AND ANY AUTHORIZED AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OR ENTITIES UNDER COMMON CONTROL THAT ACCESS OR USE THE PRODUCTS AND SERVICES PURSUANT TO THIS AGREEMENT.
THIS AGREEMENT APPLIES TO ALL CAP INDEX PRODUCTS, SERVICES, REPORTS, MAPS, ANALYTICS, SYSTEMS, WEBSITES, AND RELATED OFFERINGS, INCLUDING BUT NOT LIMITED TO THE CRIMECAST® SYSTEM AND ANY RELATED SERVICES PROVIDED BY CAP INDEX (COLLECTIVELY, THE “PRODUCTS AND SERVICES”).
BY EXECUTING AN ORDER FORM WITH CAP INDEX, MAKING PAYMENT TO CAP INDEX, ACCESSING OR USING ANY CAP INDEX PRODUCTS AND SERVICES, OR CLICKING ANY ACCEPTANCE BUTTON PRESENTED ELECTRONICALLY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.
FOR PURPOSES OF THIS AGREEMENT, “CUSTOMER” INCLUDES THE ENTITY EXECUTING THE APPLICABLE ORDER FORM, TOGETHER WITH ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS, AND ENTITIES UNDER COMMON CONTROL THAT ACCESS, USE, RECEIVE, OR OTHERWISE BENEFIT FROM THE PRODUCTS AND SERVICES. THE ENTITY EXECUTING THE APPLICABLE ORDER FORM REPRESENTS THAT IT HAS AUTHORITY TO PERMIT SUCH ENTITIES TO USE THE PRODUCTS AND SERVICES PURSUANT TO THIS AGREEMENT AND SHALL REMAIN RESPONSIBLE FOR COMPLIANCE WITH THIS AGREEMENT AND PAYMENT OBLIGATIONS ARISING FROM SUCH USE.
The CAP Index websites include, without limitation, the websites located at https://www.capindex.com and the CRIMECAST® system located at https://crimecast.capindex.com.
LICENSE AND PERMITTED USE
Subject to Customer’s compliance with this Agreement and payment of all applicable fees, CAP Index grants Customer a limited, non-exclusive, non-transferable right to access and use the Products and Services for Customer’s internal business purposes only.
Customer may download, store, reproduce, and internally distribute reports and related materials generated through the Products and Services solely for Customer’s own internal business purposes and internal decision-making activities.
Except as expressly authorized by CAP Index in writing, Customer shall not commercially resell, sublicense, publicly distribute, publicly display, reverse engineer, decompile, extract, modify, create derivative works from, or otherwise commercially exploit the Products and Services, underlying methodologies, scoring models, datasets, or related materials.
The Products and Services, including all reports, maps, scoring methodologies, analytics, software, content, and related materials, are proprietary to CAP Index and are protected by applicable intellectual property laws.
The Products and Services are not intended to be used for employment-related purposes or decisions, including hiring, promotion, retention, termination, insurance eligibility, or credit eligibility determinations.
CUSTOMER RESPONSIBILITIES
Customer is responsible for all activity occurring under its accounts and for maintaining the confidentiality of user credentials and access permissions. Customer is solely responsible for the accuracy of any addresses, locations, coordinates, or other information submitted to CAP Index in connection with the Products and Services.
Customer acknowledges that any reports, maps, forecasts, scores, or analytics generated through the Products and Services are intended to support Customer’s own internal analysis and decision-making processes. Customer remains solely responsible for any business, operational, staffing, security, site selection, or related decisions made based upon the Products and Services.
SYSTEM ARCHITECTURE, DATA USE, AND SECURITY
CAP Index’s Products and Services are designed and operated as standalone, web-based crime risk assessment, analytics, and reporting tools. The Products and Services do not require installation of software within Customer environments and do not require access to Customer networks, systems, databases, endpoints, cloud infrastructure, or internal technology environments unless expressly agreed to in writing by the parties.
Customer use of the Products and Services generally requires only limited account registration information, user credentials, location addresses, and optional Customer-defined report naming conventions necessary to generate reports and analytics. CAP Index does not intentionally require or collect sensitive Customer operational data such as employee records, customer records, protected health information (PHI), government-issued identifiers, Customer system credentials, or Customer network architecture information in connection with the standard operation of the Products and Services. Certain payment information may be collected and processed through approved third-party payment processing providers in connection with purchases made through the Products and Services.
The Products and Services operate independently from Customer infrastructure and do not require VPN connectivity, endpoint agents, local software deployment, database integration, or administrative access to Customer systems.
CAP Index maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of its hosted Products and Services and supporting systems. CAP Index may update or modify operational procedures, infrastructure, hosting providers, security practices, methodologies, or features from time to time consistent with evolving business, operational, technical, and security requirements.
Customer remains responsible for administration of authorized users and account access permissions within its own organization. CAP Index may make available enhanced authentication capabilities, including multi-factor authentication and single sign-on integrations, where supported.
PRODUCT DESCRIPTIONS AND ANALYTICS LIMITATIONS
The Products and Services utilize publicly available information, governmental records, demographic information, socioeconomic indicators, crime reports, business data, third-party licensed datasets, and statistical methodologies believed to be reliable. However, CAP Index does not guarantee the completeness, accuracy, timeliness, availability, or uninterrupted delivery of any data, reports, maps, forecasts, scores, or analytics.
Crime risk scores, forecasts, reports, and related analytics are predictive and informational in nature and represent probabilities and statistical assessments rather than guarantees or certainties of future criminal activity or outcomes.
Variations, inaccuracies, omissions, reporting delays, geocoding limitations, discontinued reporting practices, jurisdictional inconsistencies, and changes in third-party or public data sources may impact the Products and Services. Crime risk categories, methodologies, and scoring models may change, evolve, or be discontinued over time as CAP Index refines its methodologies or as underlying data availability changes.
To the extent Customer provides CAP Index with addresses, coordinates, or location identifiers, CAP Index does not independently verify the accuracy of such information, and resulting reports and analytics depend upon the accuracy of the information provided by Customer.
CRIME INCIDENT FEATURE (CIF)
When included as part of the Products and Services, the Crime Incident Feature (“CIF”) provides access to incident-level crime data derived from police-reported records, third-party aggregators, and public data sources.
Customer acknowledges that CIF data may be incomplete, delayed, inconsistent, inaccurate, unavailable, or subject to differing reporting standards and classifications across jurisdictions. Law enforcement agencies and data providers may modify, discontinue, delay, or revise reporting practices without notice, and certain data may become unavailable over time.
CIF is intended solely as a general informational and analytical tool and should not be relied upon as a comprehensive law enforcement resource, emergency response system, or definitive measure of criminal activity. CAP Index makes no representation regarding the completeness or consistency of CIF data and disclaims liability arising from Customer’s interpretation or use of CIF data.
Access to CIF is governed by CAP Index’s data retention policy and is discontinued upon product cancellation or contract termination.
PAYMENT TERMS AND REPORT CREDITS
Payment for Products and Services shall be due upon receipt of invoice unless otherwise stated in the applicable Order Form or separate written agreement executed by CAP Index.
Invoices outstanding for more than thirty (30) days may accrue a late payment charge equal to two percent (2.0%) per month or the maximum amount permitted by law, whichever is lower.
For Customers located outside of the United States, payments must be made by wire transfer, ACH, or approved credit card. CAP Index does not accept paper checks for international payments. Credit card payments may be subject to applicable processing fees. All payments shall be made in U.S. dollars, and Customer shall remain responsible for all bank fees, wire fees, intermediary fees, currency conversion fees, and related transaction costs.
Unless otherwise specified in the applicable Order Form, one report credit is required for each report or location scored through the Products and Services.
For multi-year agreements, CAP Index may update, regenerate, or rerun previously issued CRIMECAST® reports on an annual basis using then-current available data and scoring methodologies. Unless otherwise stated in the applicable Order Form, one (1) report credit will be deducted for each refreshed or regenerated report.
Annual report refreshes may be performed within approximately thirty (30) days following the applicable annual anniversary date of the Order Form or agreement term.
Under standard one-year agreements, unused report credits expire at the conclusion of the agreement term and have no cash value. For approved multi-year agreements, unused report credits may roll over into subsequent contract years during the active agreement term if specified in the applicable Order Form. All unused report credits expire upon expiration or termination of the applicable agreement.
Unused report credits may roll into a renewal agreement only if the renewal agreement is executed prior to expiration of the existing agreement and the annual value of the renewal agreement equals or exceeds the expiring agreement value.
MULTI-YEAR AGREEMENTS
CAP Index may offer discounted pricing for Customers entering into multi-year agreements. Unless otherwise stated in the applicable Order Form, any multi-year discount is conditioned upon Customer completing the full agreed term.
Customer may not terminate an agreement during an active contract year. If Customer terminates prior to completion of the agreed multi-year term, Customer shall remain responsible for all fees due through the end of the then-current contract year and shall repay any previously applied multi-year discount amounts applicable to completed contract years.
Except as expressly stated in this Agreement or the applicable Order Form, fees paid are non-refundable.
MODIFICATION OF PRODUCTS, SERVICES, AND POLICIES
CAP Index may update operational procedures, methodologies, features, infrastructure, hosting environments, and related policies from time to time in connection with the ongoing operation and improvement of the Products and Services.
FORCE MAJEURE
CAP Index shall not be liable for any delay, interruption, failure of performance, or unavailability of the Products and Services resulting from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, governmental actions, internet or telecommunications failures, power outages, cyberattacks, failures or interruptions of third-party hosting providers, failures of third-party data providers, or other events beyond CAP Index’s reasonable control.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAP INDEX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
CAP INDEX DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES WILL PREVENT CRIMINAL ACTIVITY, ELIMINATE SECURITY RISKS, PRODUCE SPECIFIC BUSINESS OR OPERATIONAL OUTCOMES, OR OPERATE WITHOUT INTERRUPTION OR ERROR.
THE PRODUCTS AND SERVICES DO NOT CONSTITUTE LEGAL, INSURANCE, LAW ENFORCEMENT, SECURITY CONSULTING, OR PROFESSIONAL ADVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAP INDEX AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS AND SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAP INDEX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS AND SERVICES SHALL NOT EXCEED TWO (2) TIMES THE TOTAL FEES PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM GIVING RISE TO THE CLAIM.
THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
INDEMNIFICATION
Customer agrees to indemnify and hold harmless CAP Index, its officers, directors, employees, affiliates, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from Customer’s misuse of the Products and Services, violation of applicable law, breach of this Agreement, or use of the Products and Services by any person acting on Customer’s behalf.
TERMINATION AND ACCESS RESTRICTION
CAP Index reserves the right to suspend or terminate Customer’s access to the Products and Services for non-payment, unlawful use, security-related concerns, misuse of the Products and Services, or material breach of this Agreement.
Upon expiration or termination of the applicable agreement term, Customer access to certain Products and Services may terminate, and unused report credits shall expire unless otherwise expressly stated in the applicable Order Form.
The provisions relating to payment obligations, intellectual property rights, disclaimers, limitations of liability, indemnification, confidentiality obligations, governing law, and any other provisions which by their nature are intended to survive shall survive expiration or termination of this Agreement.
GENERAL
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Customer consents to the exclusive jurisdiction and venue of the state and federal courts located in Chester County, Pennsylvania.
Customer and CAP Index waive any right to trial by jury.
Customer may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations hereunder, whether by operation of law, merger, acquisition, reorganization, or otherwise, without CAP Index’s prior written consent. Any attempted assignment in violation of this provision shall be null and void. CAP Index may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.
This Agreement constitutes the complete agreement between the parties relating to the Products and Services and supersedes all prior or contemporaneous proposals, communications, or understandings relating thereto.
If any provision of this Agreement is determined unenforceable, the remaining provisions shall remain in full force and effect.
CAP Index’s failure to enforce any provision of this Agreement shall not constitute a waiver of such provision.
Electronic signatures and electronic acceptance shall be deemed legally binding and enforceable.
COPYRIGHT AND PROPRIETARY RIGHTS
All contents of the CAP Index websites, Products and Services, reports, maps, methodologies, analytics, and related materials are ©2026 CAP Index, Inc. All Rights Reserved.
Any rights not expressly granted herein are reserved.