SimpleCheck/Terms of Service
FCRA Compliant - Soft Pull Only

Terms of Service

These Terms govern your use of SimpleCheck's products and services. By using SimpleCheck, you agree to these Terms. Please read them carefully.

Last Updated:April 20, 2026
Effective Date:April 20, 2026
Entity:SimpleCheck LLC (Delaware)
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FCRA Compliant
Soft pull only - no hard inquiries
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Consent-Based
Every pull requires explicit opt-in
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Zero Credit Impact
Prospect's score is never touched
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CredibleCapture
Immutable timestamped consent proof
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Important Notice

These Terms of Service constitute a legally binding agreement. By accessing or using SimpleCheck's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Services. SimpleCheck LLC reserves the right to update these Terms at any time. Continued use of the Services following any modification constitutes your acceptance of the revised Terms.

1

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of all websites, software, products, services, and applications (collectively, the "Services") provided by SimpleCheck, LLC ("Company," "we," "us," or "our"), a Delaware limited liability company with its principal place of business at 254 Chapman Rd, Suite 208, Newark, Delaware 19702.

By accessing or using the Services in any manner, including browsing the Company's website, creating an account, or using any feature of the platform, you ("User," "Client," or "you") affirm each of the following:

  • You have read and understand these Terms in their entirety.
  • You have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent.
  • You agree to be bound by these Terms and all policies incorporated herein by reference, including our Privacy Policy, Cookie Policy, and Legal & Compliance Notice.

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered account holders at least thirty (30) days before taking effect, where practicable. Your continued use of the Services following the effective date of any modification constitutes acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.

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Plain English

Using SimpleCheck means you agree to these Terms. If you're signing up on behalf of a business, you're confirming you have the authority to do so. We'll give you 30 days notice before material changes take effect.

2

Services & Informational Use

SimpleCheck provides software tools that enable businesses to access consumer data signals - including credit score indicators, available credit information, and income data - about individuals who have explicitly consented to such access through the Company's CredibleCapture consent mechanism (the "Services").

Informational Purpose Only. All information, reports, data signals, and outputs delivered through the Services are provided for informational purposes only. The Company does not guarantee the accuracy, reliability, completeness, or timeliness of any information provided. By using the Services, you acknowledge each of the following:

  • All information is intended solely for business pre-qualification purposes and is not a substitute for professional financial, legal, or compliance advice.
  • You are solely responsible for ensuring your use of the Services complies with all applicable laws, rules, and regulations in every jurisdiction where you operate.
  • Consumer data signals provided are indicators only and do not constitute a consumer report under the FCRA for purposes of credit, employment, housing, insurance underwriting, or any other regulated decision.
  • The Company disclaims all liability for any action, inaction, or decision taken by you based on information obtained through the Services.

No Professional Advice. Nothing contained in the Services constitutes legal, financial, compliance, or professional advice. You should consult qualified professionals for guidance specific to your circumstances.

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Plain English

SimpleCheck gives you financial data signals to help qualify leads before sales calls. It's informational - you're responsible for how you use it and for complying with the laws in your industry and location.

3

Eligibility & Account Registration

To access and use the Services, you must satisfy each of the following eligibility requirements:

  • Be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts.
  • Be operating a legitimate business entity with a lawful purpose for accessing consumer pre-qualification data about consenting individuals.
  • Not be prohibited from using the Services under any applicable law or regulation.
  • Not have previously had your access to the Services suspended or terminated by the Company for violation of these Terms.

Account Security. You are responsible for maintaining the confidentiality of your account credentials. You agree to notify the Company immediately at support@simplecheck.com of any unauthorized use of your account. The Company is not liable for any loss arising from unauthorized account access resulting from your failure to maintain credential security.

Accurate Information. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Providing false or misleading registration information constitutes grounds for immediate termination.

Account Sharing. Your account is non-transferable. You may not share login credentials with any party outside of authorized team members within your organization.

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Plain English

You must be 18+ and running a real business. Keep your login secure - you're responsible for anything that happens under your account.

4

FCRA Compliance & Permitted Use

SimpleCheck's Compliance Framework
Soft pulls only - zero credit score impact
CredibleCapture creates immutable consent proof
Full FCRA compliance built into the platform
Consent timestamp recorded for every pull
No hard inquiries - ever
Consumers never see the inquiry on their report

Soft Pull Technology. SimpleCheck performs soft inquiries only. A soft inquiry does not impact the consumer's credit score, does not appear on the consumer's credit report as visible to third parties, and is fully compliant with the FCRA when performed with proper consumer consent as described below.

Consent Requirement. You may only use the Services to access consumer data regarding individuals who have explicitly consented through the CredibleCapture consent mechanism or a Company-approved alternative. You represent and warrant each of the following:

  • Every individual whose data is accessed through the Services has provided valid, informed, and voluntary consent through a mechanism approved by the Company.
  • Your opt-in forms, landing pages, and booking processes include the consent language approved or provided by the Company.
  • You will not circumvent, disable, or modify the consent capture mechanism without prior written approval from the Company.
  • You maintain records of all consents obtained and will produce such records to the Company upon request.

Permitted Uses. The Services may be used solely for the following pre-qualification purposes in connection with your legitimate sales and marketing activities:

  • Pre-qualifying inbound leads before sales calls, consultations, or demonstrations.
  • Routing leads to appropriate sales team members based on financial qualification tiers.
  • Informing advertising pixel optimization (e.g., Meta CAPI) with anonymized qualification signals to improve ad targeting.
  • Internal reporting and analytics related to lead quality and sales performance.

Prohibited Uses Under FCRA. You expressly agree NOT to use the Services or any data obtained through the Services for any of the following purposes:

  • Making employment decisions, including hiring, promotion, or termination.
  • Making housing decisions, including rental or sale approvals.
  • Extending credit or making credit decisions.
  • Insurance underwriting decisions.
  • Any other "permissible purpose" under the FCRA that requires a different consent framework than the one provided.
  • Discriminatory purposes or in violation of the Equal Credit Opportunity Act ("ECOA") or any fair-lending law.
  • Reselling, sublicensing, or redistributing data obtained through the Services to any third party.
  • Building or enhancing any competing product or service.

Your FCRA Obligations. You acknowledge that you are the "end user" of the data for the purposes described herein. As the entity whose opt-in forms and processes collect consumer consent, you bear independent compliance obligations under the FCRA. The Company's compliance framework and CredibleCapture technology are designed to support your compliance but do not relieve you of your independent obligations. You agree to each of the following:

  • Implement and maintain the consent disclosures provided or approved by the Company.
  • Respond to consumer disputes or requests related to data accessed through the Services.
  • Immediately notify the Company at support@simplecheck.com of any consumer complaint, regulatory inquiry, or legal process related to your use of the Services.
  • Cooperate fully with the Company in any compliance review, audit, or regulatory response.
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Plain English

SimpleCheck only does soft pulls - zero credit score impact. Every pull requires consumer consent captured through our CredibleCapture system. You can use the data to pre-qualify leads for sales calls and optimize ads. You cannot use it for employment, housing, or credit decisions. Both parties have compliance responsibilities under FCRA.

5

Acceptable Use Policy

By using the Services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree NOT to engage in any of the following conduct:

  • Use the Services in any way that violates applicable federal, state, local, or international law or regulation.
  • Attempt to bypass, disable, or interfere with any security feature of the Services, including the consent capture mechanism.
  • Access, tamper with, or use non-public areas of the Services or the Company's computer systems.
  • Probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measure.
  • Attempt to access data of other SimpleCheck clients, users, or individuals who have not consented to you specifically.
  • Use automated scripts, bots, scrapers, or data mining tools to extract data from the Services beyond your authorized account access.
  • Reverse engineer, disassemble, decompile, or attempt to derive the source code of any portion of the Services.
  • Use the Services to send unsolicited communications (spam) to individuals whose data you access.
  • Harass, threaten, or discriminate against any individual based on data signals obtained through the Services.
  • Use the Services in connection with any fraudulent, deceptive, or misleading sales practice.
  • Misrepresent your identity, your company, or the nature of your data access to any individual who has consented to the Services.
  • Access the Services by any automated means other than through approved API integrations.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without notice and without refund, and may expose you to civil and criminal liability.

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Plain English

Use SimpleCheck for legitimate sales pre-qualification only. Don't try to hack it, scrape it, spam people with the data, or use it in discriminatory ways.

6

Billing & Payment

SimpleCheck uses a subscription and usage-based billing model. By providing a payment method and using the Services, you authorize the Company to charge your payment method as described in this Section.

SmartForm (Self-Serve Plan).

  • Monthly subscription fee of $97, charged at the beginning of each billing cycle.
  • Per-report fee of $3.10 for each successful credit report delivered, billed in accordance with your usage cycle.
  • Seven (7) day trial period: Your payment method is charged upon signup. If you cancel before the trial period ends, you will not be charged the monthly subscription for the first month. Per-report fees incurred during the trial are non-refundable.

Custom Build (White-Glove Plan).

  • One-time setup fee of $4,500, charged upon contract execution.
  • Monthly licensing fee of $999, commencing on day thirty (30) from the start of setup.
  • Two hundred twenty-five (225) included reports per month, beginning on day one (1) of setup and renewing monthly.
  • Overage fee charged per successful report above the monthly included allotment, at the rate specified in your current order form or on the Company's pricing page in effect at the time of overage.

Usage-Based Billing (Legacy and API Accounts).

  • Charges are based on the number of successful soft credit pulls performed through the platform during the billing period.
  • Your payment method will be automatically charged every one hundred sixty (160) pulls or every fourteen (14) days, whichever occurs first.
  • If fewer than 160 pulls are performed within a fourteen-day billing period, you will be billed only for the number of pulls completed.

Automatic Payments. By providing a payment method, you authorize SimpleCheck to automatically charge that payment method at the end of each applicable billing cycle without further authorization from you. You must maintain a valid payment method on file at all times during your subscription.

Failed Payments. If a payment attempt fails, SimpleCheck may retry processing the payment up to three (3) times over a five (5) day period. Continued failed attempts will result in temporary suspension of your account. Access will be restored upon successful payment. The Company is not liable for any loss or damage resulting from account suspension due to payment failure.

Price Changes. The Company reserves the right to modify its pricing at any time. Existing subscribers will receive at least thirty (30) days' advance written notice of any price increase. Continued use of the Services following the effective date of a price change constitutes acceptance of the new pricing.

Taxes. All fees are exclusive of applicable taxes, levies, duties, or similar charges imposed by any governmental authority. You are responsible for paying all such taxes associated with your use of the Services.

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Plain English

SmartForm is $97/month + $3.10/report with a 7-day trial. Custom Build is a $4,500 setup fee + $999/month starting day 30, with 225 free reports/month included. Overage rates are per your order form or current pricing page. You authorize autopay when you sign up. Failed payments lead to account suspension until resolved.

7

No Refunds Policy

All Sales Are Final. Due to the nature of the Services - including the immediate consumption of consumer data signals upon successful pull - all fees paid are non-refundable. Non-refundable fees include, without limitation:

  • Monthly subscription fees for any portion of a billing period.
  • Per-report fees for any successful report delivered.
  • Setup fees for Custom Build implementations.
  • Any fees incurred during a free trial period.
  • Fees for reports run on leads that did not convert to customers.

Chargeback Waiver. By using the Services, you expressly waive any right to initiate a chargeback, payment dispute, or refund claim through your payment processor, bank, or credit card issuer. You agree to resolve any billing dispute directly with the Company by contacting support@simplecheck.com before initiating any third-party payment dispute process.

Initiating a chargeback without first contacting the Company in good faith constitutes a breach of these Terms and may result in each of the following: (a) immediate termination of your account and all associated access; (b) referral to collections; and (c) legal action to recover the disputed amounts plus associated fees and costs.

Service Credits. At the Company's sole discretion, credits may be issued for documented technical errors that resulted in incorrect billing. Service credits are applied to your account and cannot be exchanged for cash.

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Plain English

No refunds once charges are processed. If you have a billing issue, contact us directly at support@simplecheck.com before initiating any chargeback - chargebacks without contacting us first are a breach of these Terms.

8

Data Processing & Retention

Data We Process. In the course of providing the Services, the Company processes the following categories of data:

  • Consumer data signals: Credit score indicators, available credit information, and income signals obtained from consumer reporting agencies via soft pull, for consenting individuals.
  • Consumer opt-in data: Name, email address, phone number, and consent timestamp captured through CredibleCapture.
  • Client account data: Business name, account owner name, contact information, payment method details, integration credentials, saved templates, widget configurations, and portal usage logs.
  • Compliance records: Invoices, payment transactions, consent records, adverse action notices, and audit logs required for tax, accounting, or regulatory purposes.

Consumer Data Retention (7 Years). Consumer data signals, associated personally identifiable information, and the consent records tied to each pull are retained for seven (7) years from the date the data was accessed. This retention period aligns with the FCRA (15 U.S.C. ยง 1681c), supports dispute resolution and regulatory response, and matches the retention windows of upstream data furnishers. At the end of the seven-year period, consumer data is permanently and irreversibly deleted from active systems and object storage. Encrypted backups containing such data roll off according to the Backup Rollover provisions below.

Client Account Data Retention (Active + 7 Days). While a client account is active, the Company retains all client account data necessary to operate the Services. Upon cancellation of an account - by the client, or by the Company for nonpayment or violation of these Terms - client account data is deleted according to the following schedule:

Data CategoryRetention After Cancellation
Login credentials, profile, saved configurations, widget embeds, integration tokens, draft reports, usage logs, support tickets unrelated to compliance, customer-facing dashboards and analytics exports7 days after cancellation, then permanent deletion
Invoices, payment records, and tax documents7 years (IRS requirement)
Consent records and adverse action notices tied to credit reports7 years (FCRA requirement)
Audit logs demonstrating the Company's own compliance7 years
Consumer data signals generated during the account's life7 years from each pull date (see Consumer Data Retention above)

The seven-day deletion clock begins when cancellation is confirmed in the Company's billing system. During that seven-day window, the account is frozen in read-only mode so the client may export any data they wish to retain. After seven days, all non-compliance client account data is permanently deleted.

Backup Rollover. Encrypted backups may contain data beyond the deletion dates above for up to thirty-five (35) days following production deletion, after which the backup rolls off. Backup data is not accessed, restored, or used for any purpose other than disaster recovery.

Legal Holds. Any data subject to an active legal hold - litigation, subpoena, regulatory inquiry, or internal investigation - is preserved until the hold is lifted, regardless of the retention schedules above. The Company documents every legal hold with scope and expiration criteria.

Early Deletion Requests. Clients may request early deletion of operational data by contacting support@simplecheck.com. Requests tied to active credit reports, open consumer disputes, unpaid invoices, or legal holds may be deferred until those matters close. The Company responds to verified requests within thirty (30) days, extendable once by forty-five (45) days where applicable law permits.

Data Security. The Company implements commercially reasonable administrative, technical, and physical safeguards designed to protect data against unauthorized access, disclosure, alteration, or destruction. However, no internet transmission or storage system can be guaranteed 100% secure. You acknowledge and accept this inherent risk.

Your Data Responsibilities. You are responsible for the security of any consumer data you extract, download, or transfer from the Services into your systems. Implement appropriate security measures commensurate with data sensitivity and applicable law.

Data Processing Agreement. For clients subject to GDPR, CCPA/CPRA, VCDPA, CTDPA, or other data protection regulations requiring a formal Data Processing Agreement ("DPA"), contact support@simplecheck.com to request execution of the standard DPA prior to using the Services with covered data subjects.

Consumer Rights Requests. If you receive a consumer request to access, correct, or delete data obtained through the Services, notify the Company at support@simplecheck.com within five (5) business days. The Company will cooperate to fulfill such requests in accordance with the FCRA and other applicable law. Requests concerning data under an active legal hold or within a required statutory retention window may be denied or deferred with written explanation.

For full details on how the Company handles personal data, please review the Privacy Policy.

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Plain English

Consumer financial data is retained for 7 years to comply with FCRA requirements. When you cancel, your account goes read-only for 7 days so you can export data - then operational data is deleted. Compliance records (invoices, consents, audit logs) are kept for 7 years per legal requirements. Backups roll off 35 days after production deletion. Legal holds override all schedules. Email support to request early deletion.

9

Intellectual Property

Company Ownership. All intellectual property rights in and to the Services - including software, code, algorithms, designs, user interfaces, reports, documentation, trademarks, service marks, and trade names (including "SimpleCheck," "SmartForm," "SmartRoute," and "CredibleCapture") - are the sole and exclusive property of the Company or its licensors.

Limited License. Subject to your compliance with these Terms and timely payment of all fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes as described herein. This license does not include the right to:

  • Copy, reproduce, modify, adapt, or create derivative works based on the Services.
  • Reverse engineer, disassemble, or decompile any aspect of the Services.
  • Distribute, sell, sublicense, rent, lease, or otherwise transfer access to the Services.
  • Use the Services to build or enhance a competing product or service.
  • Remove or alter any proprietary notice, label, or mark on the Services.

Feedback. If you provide the Company with any feedback, suggestion, or idea regarding the Services ("Feedback"), you grant the Company an irrevocable, perpetual, worldwide, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

DMCA. The Company respects intellectual property rights. If you believe that content on or accessible through the Services infringes your copyright, send a written notice to support@simplecheck.com that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement of accuracy under penalty of perjury.

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Plain English

SimpleCheck, SmartForm, SmartRoute, and CredibleCapture are all our property. You get a license to use the Services for your business - not to copy, reverse-engineer, or resell them.

10

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, parents, subsidiaries, officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to any of the following:

  • Your use or misuse of the Services.
  • Your violation of these Terms or any policy incorporated herein.
  • Your violation of any applicable law, regulation, or third-party right, including the FCRA, ECOA, TCPA, CAN-SPAM Act, GDPR, CCPA/CPRA, VCDPA, or CTDPA.
  • Your failure to obtain valid consumer consent prior to using the Services to access consumer data.
  • Any claim by a consumer arising from your use of data obtained through the Services.
  • Your use of the Services in connection with any fraudulent, deceptive, or illegal business practice.
  • Any content, data, or materials you provide to or through the Services.
  • Any negligence, willful misconduct, or fraud by you or your employees, agents, or contractors.

The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with the Company in such defense.

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Plain English

If someone sues SimpleCheck because of something you did with our Services - including a consumer complaint, FCRA violation, or regulatory action related to your use - you cover our legal costs and damages.

11

Limitation of Liability

To the fullest extent permitted by applicable law:

Exclusion of Consequential Damages. In no event shall the Company, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including:

  • Loss of profits, revenue, or anticipated savings.
  • Loss of business, customers, or contracts.
  • Business interruption or downtime.
  • Loss or corruption of data.
  • Reputational harm.
  • Any other intangible loss.

This exclusion applies even if the Company has been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

Cap on Liability. The Company's total cumulative liability to you for any claim arising out of or related to these Terms or the Services shall not exceed the total amount you paid to the Company in the twelve (12) calendar months immediately preceding the event giving rise to the claim.

Essential Basis. You acknowledge that the limitations of liability set forth in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the Company and you. The Company would not provide the Services without these limitations.

Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Company's liability is limited to the fullest extent permitted by law.

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Plain English

SimpleCheck's maximum liability to you is capped at what you paid in the past 12 months. We're not liable for lost profits, business interruption, or other indirect damages.

12

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICES.
  • WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS OR PRODUCE PARTICULAR SALES OUTCOMES.
  • WARRANTIES REGARDING THE CONTINUED AVAILABILITY OF ANY THIRD-PARTY DATA SOURCE USED IN PROVIDING THE SERVICES.

The Company does not warrant that defects in the Services will be corrected or that the Services will be available at any particular time or location. You use the Services at your own risk.

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Plain English

The Services are provided as-is. We don't guarantee uptime, error-free operation, or specific sales results. Use SimpleCheck as one tool in your decision-making process, not as a definitive source of truth.

13

Beta Products

Certain features or products offered by the Company may be designated as "beta," "preview," "early access," or similar ("Beta Products"). SmartForm is currently offered as a Beta Product.

Beta Products are provided for evaluation purposes and may contain bugs, errors, or other issues. By using Beta Products, you acknowledge and agree to each of the following:

  • Beta Products may not perform as described or expected.
  • The Company may modify, suspend, or discontinue Beta Products at any time without notice.
  • Beta Products are provided "as is" without any additional warranty beyond what is described in Section 12 (Disclaimer of Warranties).
  • Your feedback regarding Beta Products is valuable to the Company and is subject to the Feedback license described in Section 9 (Intellectual Property).
  • The Company is not obligated to release a generally available version of any Beta Product.
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Plain English

SmartForm is currently in beta - it works well, but may have occasional issues we're still ironing out. We may update it frequently. Your feedback helps us improve it.

14

Termination

Termination by You. You may cancel your subscription and terminate your use of the Services at any time by contacting support@simplecheck.com. Cancellation takes effect at the end of the current billing period. No refund will be issued for the remaining portion of any prepaid subscription period.

Termination by Company. The Company reserves the right to suspend or terminate your access to the Services at any time, with or without cause or notice, including for any of the following:

  • Violation of any provision of these Terms or any incorporated policy.
  • Non-payment of fees.
  • Suspected fraudulent, illegal, or abusive use of the Services.
  • Suspected FCRA, ECOA, or other regulatory violation.
  • Initiation of a chargeback or payment dispute.
  • Any conduct that the Company reasonably believes poses a risk to the Company, other users, or any third party.

Effect of Termination. Upon termination for any reason: (a) your license to use the Services immediately ceases; (b) you must cease all use of the Services and delete any cached or stored output obtained through the Services; (c) all fees owed become immediately due and payable; and (d) Sections 7, 8, 9, 10, 11, 12, 17, and 18 of these Terms survive termination. Termination does not relieve you of obligations that arose prior to termination. Post-termination data handling is governed by Section 8.

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Plain English

You can cancel anytime - just email support. We can also suspend or terminate accounts for violations. When an account closes, you owe any outstanding fees, your account enters read-only mode for 7 days, then data is handled per Section 8.

15

Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond the Company's reasonable control, including acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, civil unrest, governmental action, sanctions, or regulations, labor disputes, internet or telecommunications outages, third-party data provider failures, power outages, and denial-of-service attacks.

In such circumstances, the Company's obligations will be suspended for the duration of the force majeure event. The Company will use reasonable efforts to provide notice of any such event and to resume performance as soon as practicable.

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Plain English

If something genuinely outside our control disrupts the Services - a major outage, natural disaster, etc. - we're not liable for that downtime. We'll communicate and get back online as fast as possible.

16

Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms, in whole or in part, without the Company's prior written consent. Any purported assignment without such consent is null and void.

The Company may assign its rights and obligations under these Terms, in whole or in part, without your consent in connection with: (a) a merger, acquisition, or sale of all or substantially all of the Company's assets; (b) any corporate reorganization; or (c) any transfer to an affiliate. The Company will provide reasonable notice of any such assignment.

These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

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Plain English

You can't transfer your SimpleCheck account or these Terms to someone else without our permission. We can transfer our obligations in connection with a merger or acquisition.

17

Dispute Resolution

Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Informal Resolution First. Before initiating arbitration, you agree to first contact the Company at support@simplecheck.com and make a good-faith effort to resolve the dispute informally. The Company will attempt to resolve any dispute within thirty (30) days of receiving written notice. Either party may pursue formal dispute resolution if the dispute is not resolved within that period.

Binding Arbitration. Except for claims seeking injunctive or other equitable relief to protect intellectual property or enforce the FCRA compliance obligations herein, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, conducted in Newark, Delaware, in the English language, before a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@simplecheck.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, account email, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

Small Claims. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

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Plain English

Delaware law governs. Try to resolve disputes with us informally first - email support. If that doesn't work, disputes go to binding arbitration in Newark, DE, not a courtroom. No class actions. You have 30 days from signup to opt out of arbitration if you want to.

18

Media & Testimonial Release

You acknowledge and agree that any testimonial, review, comment, audio recording, screen recording, photograph, video, written statement, or other content ("Media Content") you submit, upload, record, provide, or authorize the Company to access is voluntarily provided and may be used by the Company for commercial, promotional, educational, legal, or internal business purposes.

You grant the Company an unrestricted, irrevocable, perpetual, worldwide, royalty-free, sublicensable, transferable license to use your Media Content in any manner, including reproduction, publication, advertising, display, broadcast, distribution, modification, and creation of derivative works, in any media now known or later developed.

You authorize the Company to use your name, business name, voice, likeness, statements, and submitted content without limitation and without further approval, and you waive any right of publicity, privacy, or compensation arising from such use to the fullest extent permitted by applicable law.

You represent and warrant each of the following:

  • You are the owner of the Media Content or have legal authority to grant this release.
  • No third-party permission is required for the Company's use of such content as described above.
  • The Media Content is accurate and truthful.
  • The Media Content does not infringe any third-party intellectual property, privacy, or other right.

This release is binding on you and your heirs, assigns, and legal representatives. If you wish to withdraw consent for future use of specific Media Content, you must provide written notice to support@simplecheck.com. Such withdrawal applies prospectively only and does not require the removal of content already published or distributed.

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Plain English

If you give us a testimonial, leave a review, or record a video for us, we can use it in our marketing. You're confirming the content is accurate and you have the right to share it. To stop future use, email support - but we don't have to pull down things already live.

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General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any order form, statement of work, or other agreement executed between the parties, constitute the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written.

Severability. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

Waiver. No failure or delay by the Company in exercising any right under these Terms constitutes a waiver of that right. No waiver of any breach constitutes a waiver of any prior, concurrent, or subsequent breach.

Electronic Communications. By using the Services, you consent to receive communications from the Company electronically. You agree that all agreements, notices, disclosures, and other communications the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

Electronic Signature. Your use of the Services, including creating an account or completing a purchase, constitutes your electronic signature and agreement to be bound by these Terms, with the same legal effect as a handwritten signature.

No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their respective permitted successors and assigns. Nothing in these Terms creates any right in any third party.

Headings. Section headings in these Terms are for convenience only and have no legal or contractual effect.

Updates to Terms. The Company will update the "Last Updated" date at the top of these Terms whenever changes are made. The most current version of these Terms is available at simplecheck.com/termsofservice.

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Plain English

Standard legal housekeeping: this is the full agreement between us, bad sections don't invalidate the rest, clicking "agree" or signing up counts as a legal signature, and we'll update the date at the top when Terms change.

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Contact Information

For any question, notice, or concern regarding these Terms, or to report violations, please contact the Company using the information below.

Mailing Address
SimpleCheck, LLC
254 Chapman Rd, Suite 208
Newark, Delaware 19702
Support & Legal Notices
Mon-Fri, 9am-6pm ET
Privacy & Data Requests
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