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END USER TERMS OF USE

These End User Terms of Use (“Terms of Use”) govern your use of Credit Apps’ credit application and consumer loan platform and software-as-a-service (the “Services”)

Last Update: May 01, 2023

BY CLICKING THE “ACCEPT” BUTTON/CHECKING THE “ACCEPT” BOX OR OTHERWISE INDICATING YOUR ACCEPTANCE YOU ACCEPT THESE END USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CLICK THE “ACCEPT” BUTTON/CHECK THE “ACCEPT” BOX AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SERVICES.

1. Access and Use.

Subject to your strict compliance with these Terms of Use, Credit Apps hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for internal purposes only for submitting credit applications. The Services may be delivered by website, application, or other means as determined by Credit Apps from time to time in its sole discretion.

2. Use Restrictions.

You shall not, directly or indirectly:

  • a. copy, modify, or create derivative works or improvements of the Services or other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Credit Apps in connection with the Services or otherwise comprise or relate to the Services (collectively the “Credit Apps Materials”)
  • b. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services or Credit Apps Materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;
  • c. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or Credit Apps Materials, in whole or in part;
  • d. bypass or breach any security device or protection used by the Services or Credit Apps Materials or access or use the Services or Credit Apps Materials other than through the use of your own then valid Access Credentials;
  • e. input, upload, transmit, or otherwise provide to or through the Services or Credit Apps Materials, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
  • f. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services, Credit Apps Materials, or Credit Apps’ provision of services to any third party, in whole or in part;
  • g. remove, delete, alter, or obscure any trademarks, specifications, Documentation, these Terms, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services or Credit Apps Materials, including any copy thereof;
  • h. access or use the Services or Credit Apps Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Credit Apps customer) or that violates any applicable Law;
  • i. access or use the Services or Credit Apps Materials for purposes of competitive analysis of the Services or Credit Apps Materials, the development, provision, or use of a competing software service or product or any other purpose that is to the Credit Apps’ detriment or commercial disadvantage; or
  • j. otherwise access or use the Services or Credit Apps Materials beyond the scope of the authorization granted hereunder.

3. Compliance Measures.

The Services may employ technological copy protection or other security features designed to prevent unauthorized use of the Services, including features to protect against use of the Services: (a) beyond the scope of the authorization granted to pursuant to Section 1; or (b) prohibited under Section 2. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.

4. Collection and Use of Information; Privacy Policy.

Credit Apps may, directly or indirectly through the services of others, collect and store information regarding use of the Services and about equipment on which the Services is accessed and used, by means of (i) providing maintenance and support services and (ii) security measures included in the Services. You agree that the Credit Apps may use such information for any purpose related to any use of the Services by you, including but not limited to improving the performance of the Services or developing updates and verifying compliance with the terms of these Terms of Use and enforcing Credit Apps’ rights, including all Intellectual Property Rights in and to the Services. Our Privacy Policy (“Privacy Policy”), which is incorporated by reference and forms a part of these Terms of Use, informs you of Credit Apps’ collection and use of your information, including your Personal Information as defined in the Privacy Policy, in relation to your use of our Services. You agree to and are bound by the Privacy Policy.

5. Intellectual Property Rights.

You acknowledge that access and use of the Services is provided under license, and no Credit Apps Materials are or have been sold to you. You do not acquire any ownership interest in any Credit Apps Materials, or any other rights in any Credit Apps Materials other than to access and use the Services in accordance with these Terms of Use, subject to all terms, conditions, and restrictions therein. Credit Apps reserves and shall retain its entire right, title, and interest in and to all Credit Apps Materials and all Intellectual Property Rights arising out of or thereto, subject to the authorizations expressly granted to you in these Terms of Use. For purposes of these Terms of Use, “Intellectual Property Rights” means any intellectual property rights which may exist or be created under the Laws of any country or other jurisdiction anywhere in the world, whether arising under statutory or common law or otherwise, and whether or not perfected, including, without limitation, all (i) patents and patent applications whether owned or licensed; (ii) industrial property rights; (iii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations; (iv) sui generis database rights, moral rights, or rights of publicity; (v) rights relating to the protection of trade secrets or confidential information; (vi) rights of privacy or publicity; (vii) rights associated with trademark, service mark, trade dress, or trade name, including any common law rights and any state or federal trademark or service mark applications or registrations; (viii) divisionals, continuations, renewals, reissues and extensions of any of the foregoing whether in whole or in part (as and to the extent applicable) now existing, hereafter filed, issued or acquired; and (ix) any right analogous to those set forth in this definition; and (x) any other proprietary rights relating to intangible property.

6. Disclaimer of Liability.

IN NO EVENT WILL CREDIT APPS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREDIT APPS, ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, AND CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. NEITHER CREDIT APPS NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, OR CONTRACTORS, NOR ANY PERSON ON BEHALF OF ANY OF THE FOREGOING, WARRANT THAT ANY OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS UPLOADED TO, DOWNLOADED FROM, OR STORED, DISPLAYED OR OTHERWISE PROCESSED BY OR UTILIZING ANY OF THE OFFERINGS WILL BE TIMELY, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED; OR THAT CREDIT APPS OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, OR CONTRACTORS WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE OFFERINGS OR THAT THEY WILL CORRECT ANY DEFECTS.

7. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

  • a. NEITHER CREDIT APPS NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, OR CONTRACTORS SHALL BE LIABLE TO YOU OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR BODILY INJURY OR DEATH, OR DAMAGE OR INJURY TO ANY PROPERTY, LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF CREDIT APPS OR ANY SUCH OTHER PERSON HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER) IN CONNECTION WITH ANY OF THE OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOLLOWING: (I) ACCESS TO OR USE OF OR THE INABILITY TO ACCESS OR USE ANY CREDIT APPS SERVICES OR ANY PART THEREOF OR OTHER OFFERINGS, OR ANY PART THEREOF; (II) THE PROVISION OF OR ANY DELAY OR FAILURE TO PROVIDE, OR ANY INTERRUPTION OF, ANY CREDIT APPS SERVICES OR OTHER OFFERINGS; (III) ANY CREDIT APPS SOFTWARE (WHETHER COMPRISING PART OF, OR UTILIZED IN CONNECTION WITH ANY CREDIT APPS SERVICE OR OTHERWISE); OR (IV) ANY DELIVERABLE.
  • b. IN THE EVENT THAT, NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING SECTION 7(A), CREDIT APPS (OR ANY OF ITS AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES OR THIRD PARTY LICENSORS, SUPPLIERS OR CONTRACTORS) ARE FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER RELATED TO THESE TERMS OF USE AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED $10,000.00.
  • c. YOU HEREBY EXPRESSLY WAIVE ANY CLAIM THAT ANY EXCLUSIONS SET FORTH IN THIS SECTION OF THESE TERMS OF USE DEPRIVE YOU OF AN ADEQUATE REMEDY OR CAUSE THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE. YOU FURTHERMORE ACKNOWLEDGE THAT AN ESSENTIAL PURPOSE OF THE EXCLUSION OF WARRANTIES AND THE LIMITATION OF LIABILITY PROVIDED IN THESE TERMS OF USE IS AN ALLOCATION OF RISK BETWEEN CREDIT APPS ON THE ONE HAND, AND YOU ON THE OTHER, WHICH ALLOCATION OF RISK IS REFLECTED IN THE APPLICABLE FEES AND OTHER ARRANGEMENTS BETWEEN CREDIT APPS AND YOU IN THESE TERMS OF USE AND THAT CREDIT APPS WOULD NOT BE WILLING TO ENTER INTO THESE TERMS OF USE WITH YOU, OR TO PROVIDE YOU WITH ANY SERVICES OR OTHER OFFERINGS, IF CREDIT APPS WERE REQUIRED TO BEAR ANY ADDITIONAL RISK. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Governing Law.

These Terms of Use are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the authorizations granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the city of Boca Raton and County of Palm Beach, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Notwithstanding the foregoing, You acknowledge and agree that you hereby waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding arising out of or related to these Terms of Use or the Services.