Terms of Service

The website located at www.threshold-immigration.com (the “Site”) and related API services are copyrighted works belonging to Threshold Immigration Intelligence, LLC (“Company”, “us”, “our”, and “we”). Certain features of the Site and Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF SERVICE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

PLEASE BE AWARE THAT SECTION 11.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 11.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11.2 CAREFULLY.

1. Accounts

1.1 Account Creation. In order to use certain features of the Site and Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site or contacting us. Company may suspend or terminate your Account in accordance with Section 9.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and API keys, and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Site and Services

2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and Services solely for your own internal business purposes.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site, except as expressly permitted; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not exceed rate limits or circumvent usage restrictions. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Services or any part thereof.

2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, Services, and their content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site or Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

2.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

3. API Services

3.1 API Access. Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable right to access and use our API services to query H-1B, prevailing wage, and related immigration data for your internal business purposes.

3.2 API Restrictions. In addition to the restrictions in Section 2.2, you agree not to: (a) use the API in any manner that exceeds reasonable request volumes or constitutes excessive or abusive usage; (b) use the API to scrape, harvest, or collect data beyond authorized access; (c) resell, redistribute, or sublicense API access without authorization; (d) use automated systems to access the API in a manner that sends more requests than a human could reasonably produce in the same period; or (e) interfere with or disrupt the integrity or performance of the API.

3.3 Rate Limits. We may impose rate limits and usage quotas on API access. Excessive usage that degrades service for other users may result in temporary or permanent restrictions.

3.4 Government Data. Our Services provide access to data derived from public government sources (Department of Labor, OFLC). While we strive for accuracy, we do not guarantee the completeness or timeliness of this data. You should verify critical information with official sources.

3.5 Immigration Disclaimer. Our Services provide data and tools for informational purposes only. We are not a law firm and do not provide legal advice. You should consult a qualified immigration attorney for legal matters.

4. Payment and Billing

4.1 Fees. Certain Services require payment. Fees are specified on our website or in your service agreement. All fees are in U.S. dollars unless otherwise stated.

4.2 Payment Terms. Payments are processed through Stripe. Subscription fees are billed in advance; usage-based fees are billed in arrears. You are responsible for all applicable taxes.

4.3 Refunds. Fees are generally non-refundable except as required by law or as specified in your service agreement.

5. User Content

5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others.

5.2 License. You hereby grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of providing the Services.

5.3 Acceptable Use Policy. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any content that: (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, or otherwise objectionable; (c) is harmful to minors in any way; or (d) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

6. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

7. Third-Party Links; Other Users

7.1 Third-Party Links. The Site may contain links to third-party websites and services. Such links are not under the control of Company, and Company is not responsible for any third-party links. Company provides access to these links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links.

7.2 Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

8. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) THE AMOUNTS YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. We may suspend or terminate your rights to use the Site or Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site and Services will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 2.2 through 2.5, Section 5, and Sections 6 through 12.

11. General

11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Dispute Resolution. Please read this arbitration agreement carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.

(a) Applicability. You agree that any dispute between you and Company relating in any way to the Site, Services, or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and Company may assert individualized claims in small claims court if the claims qualify; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

(b) Informal Resolution. Before either party commences arbitration, we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any dispute. The party initiating a dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice.

(c) Arbitration Rules. If the informal process does not resolve the dispute within 60 days, either party may commence arbitration. The arbitration will be conducted by JAMS under its applicable rules. The arbitration will be conducted in the county where you reside, unless otherwise agreed.

(d) Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

(e) Waiver of Class Action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.

(f) 30-Day Opt Out. You have the right to opt out of this arbitration agreement by sending written notice to support@threshold-immigration.com within 30 days after first becoming subject to this agreement.

11.3 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

11.4 Export. The Site and Services may be subject to U.S. export control laws. You agree not to export, reexport, or transfer any U.S. technical data acquired from Company in violation of United States export laws or regulations.

11.5 Electronic Communications. You consent to receive communications from Company in electronic form and agree that all terms, agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications would satisfy if in writing.

11.6 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned by you without Company’s prior written consent. Company may freely assign these Terms.

12. Contact Information

Threshold Immigration Intelligence, LLC

131 Continental Drive, Suite 305 Newark, Delaware 19713

Email: support@threshold-immigration.com