Terms of Service

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, Ste 208, Newark, Delaware 19702.

By accessing or using the Services in any manner - including browsing our website, creating an account, or using any feature of our platform - you ("User," "Client," or "you") affirm that:

• 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 without prior notice. Material changes will be communicated via email to registered account holders where practicable. Your continued use of the Services following any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

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

Informational Purpose Only. All information, reports, data signals, and outputs provided through the Services are 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 that:

• All information is intended solely for business pre-qualification use 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.
• Financial data signals provided are indicators only and do not constitute a credit report under the FCRA for purposes of credit, employment, housing, or other regulated decisions.
• The Company disclaims all liability for any actions, inactions, or decisions taken by you based on information provided through the Services.

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

To access and use the Services, you must:

• Be at least 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 financial 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 losses 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 is grounds for immediate termination.

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

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

Consent Requirement. You may only use the Services to access financial data on individuals who have explicitly consented through SimpleCheck's CredibleCapture consent mechanism or a Company-approved alternative. You represent and warrant that:

• 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, or booking processes include consent language approved or provided by SimpleCheck.
• 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 provide 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 demos.
• Routing leads to appropriate sales team members based on financial qualification tiers.
• Informing advertising pixel optimization (e.g., Meta CAPI) with anonymized financial 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:

• 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:

• Implement and maintain the consent disclosures provided or approved by the Company.
• Respond to any 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.

By using the Services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to bypass, disable, or interfere with any security features of the Services, including consent capture mechanisms.
• 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 measures.
• 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 practices.
• Misrepresent your identity, your company, or the nature of your data access to any individual who has consented to the Services.
• Access the Services via any automated means for purposes other than 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.

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 below.

SmartForm (Self-Serve Plan).

• Monthly subscription fee: $97 per month, charged at the beginning of each billing cycle.
• Per-report fee: $3.10 per successful credit report delivered, billed in accordance with your usage cycle.
• 7-day trial period: Your payment method is charged for the trial 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 for reports run during the trial are non-refundable.

Custom Build (White-Glove Plan).

• One-time setup fee: $4,500, charged upon contract execution.
• Monthly licensing fee: $999 per month, commencing on day 30 from setup commencement.
• Included reports: 225 reports per month, beginning from day 1 of setup, renewing monthly.
• Overage fee: $2.76 per successful report over the 225 monthly included allotment.

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 160 pulls or every 2 weeks, whichever occurs first.
• If fewer than 160 pulls are performed within a 2-week billing period, you will only be billed 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 times over a 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 losses or damages 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 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.

All Sales Are Final. Due to the nature of SimpleCheck's Services - including the immediate consumption of credit report data upon successful pull - all fees paid are non-refundable. This includes, but is not limited to:

• 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 explicitly waive any right to initiate chargebacks, payment disputes, or claims for refunds through your payment processor, bank, or credit card issuer. You agree to resolve any billing disputes directly with SimpleCheck by contacting support@simplecheck.com before initiating any third-party payment dispute process.

Initiating a chargeback without first contacting SimpleCheck in good faith constitutes a breach of these Terms and may result in: (a) immediate termination of your account and all associated access; (b) referral to collections; and (c) potential 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. Such credits will be applied to your account and cannot be exchanged for cash.

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 whose data you request.
• Client account data: Business name, contact information, payment details, and usage data related to your SimpleCheck account.
• Consumer opt-in data: Name, email address, phone number, and consent timestamp captured through CredibleCapture.

Data Retention. Consumer financial data signals are retained in your account for a period of up to 90 days following the date of pull, after which they are purged from active systems. Consent records are retained for a minimum of 24 months to support FCRA compliance documentation. Account and billing records are retained for a period of 7 years in accordance with standard business and tax retention requirements.

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 data transmission over the internet or storage system can be guaranteed to be 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 own systems. You agree to implement appropriate security measures commensurate with the sensitivity of the data and in accordance with applicable law.

Data Processing Agreement. For clients subject to GDPR, CCPA, or other data protection regulations that require a formal Data Processing Agreement (DPA), please contact support@simplecheck.com to request execution of our standard DPA prior to using the Services with data subjects who may be covered under those regulations.

Consumer Rights Requests. If you receive a consumer request to access, correct, or delete their data in connection with information obtained through the Services, you must notify the Company at support@simplecheck.com within 5 business days. The Company will cooperate with you to fulfill such requests in accordance with applicable law.

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

Company Ownership. All intellectual property rights in and to the Services - including but not limited to 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 a competing product or service.
• Remove or alter any proprietary notices, labels, or marks on the Services.

Feedback. If you provide the Company with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant the Company an irrevocable, perpetual, 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, please send a written notice to support@simplecheck.com including: (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.

You agree to defend, indemnify, and hold harmless the Company, 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:

• 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, GDPR, or CCPA.
• 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.

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 but not limited to:

• 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 losses.

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 claims arising out of or related to these Terms or the Services shall not exceed the total amount you paid to the Company in the 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.

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 BUT NOT LIMITED TO:

• 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 SOURCES 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.

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 that:

• 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 the Disclaimer of Warranties section.
• Your feedback regarding Beta Products is valuable to the Company and is subject to the Feedback license described in the Intellectual Property section.
• The Company is not obligated to release a generally available version of any Beta Product.

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 refunds 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 but not limited to:

• 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 outputs obtained through the Services; (c) all fees owed become immediately due and payable; (d) Sections 7, 8, 9, 10, 11, 12, 17, and 18 of these Terms survive termination. Termination does not relieve you of your obligations under these Terms that arose prior to termination.

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 but not limited to: acts of God; natural disasters; pandemics or public health emergencies; war, terrorism, or civil unrest; governmental actions, sanctions, or regulations; labor disputes; internet or telecommunications outages; third-party data provider failures; power outages; or 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.

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 shall be 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.

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 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 a representative or class proceeding.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@simplecheck.com within 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 above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

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 SimpleCheck LLC 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 but not limited to 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 rights of publicity, privacy, or compensation arising from such use to the fullest extent permitted by applicable law.

You represent and warrant that:

• You are the owner of the Media Content or have legal authority to grant this release.
• No third-party permissions are 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 rights.

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.

Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any order forms, statements of work, or other agreements 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 will constitute a waiver of that right. No waiver of any breach shall constitute 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 hereto and their respective permitted successors and assigns. Nothing in these Terms creates any rights 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.

For any questions, notices, or concerns regarding these Terms of Service, or to report violations, please contact us: