These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you,” “your,” or “User”), and CreditPullEngine, LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of our websites, mobile applications, software development kits, APIs, and any other related services (collectively, the “Services”).

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: Section 19 of this Agreement contains provisions governing how claims between you and us are resolved, including an arbitration agreement that, with limited exceptions, requires disputes to be submitted to binding arbitration. Unless you opt out: (1) you will only be permitted to pursue claims on an individual basis, not as part of any class or representative action; and (2) you are waiving your right to a jury trial. Please review Section 19 carefully.

1. Agreement to Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

License Grant

By entering into this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services. Your access is conditioned on your compliance with these Terms. We reserve the right to:

• Modify, suspend, or terminate your access at any time
• Deny access temporarily or permanently if you violate these Terms
• Change or discontinue the Services without notice or liability

We do not obligate ourselves to maintain the Services in their current form and expressly reserve the right to modify, suspend, or terminate features or functionality at our sole discretion.

Updates to Terms

We reserve the right to make changes or modifications to these Terms at any time and for any reason. We will notify you of material changes by:

• Updating the “Last Updated” date at the top of these Terms
• Posting the revised Terms on our website
• Sending notification via email to registered users (for material changes)

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of updates.

Supplemental Terms

Additional terms and conditions or documents posted on our websites or provided in connection with specific Services are incorporated herein by reference. These may include:

• Service-specific agreements
• API documentation and usage policies
• Acceptable use policies
• Service level agreements

Geographic Restrictions

The Services are intended for use in the United States and may not be available or appropriate for use in other jurisdictions. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

Age Restrictions

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for or use the Services. By using the Services, you represent and warrant that you are at least 18 years of age.

2. About CreditPullEngine

CreditPullEngine, LLC is a company incorporated under the laws of the United States. We provide a Software as a Service (SaaS) platform that enables users to access credit reporting services, identity verification, and related financial data services.

Service Description

Our platform provides the following capabilities:

• Credit report retrieval and analysis
• Identity verification services
• Document verification and optical character recognition
• Public data consultation and validation
• Financial data processing and analysis
• API access for integration with third-party systems

Service Modifications

We retain the right to modify our Services at any time by adding or removing features, changing functionality, or discontinuing Services entirely. We will make reasonable efforts to notify users of material changes through the platform or via email, but are not obligated to do so.

All Services are provided subject to availability standards and any service level agreements in place.

3. Account Types and Registration

We offer different account types to accommodate various user needs:

Individual Accounts

Individual accounts are designed for:

• Personal use of our Services
• Single-user access
• Small-scale credit reporting needs

Business/Corporate Accounts

Business accounts are designed for:

• Organizations and companies
• Multiple user access and management
• Higher volume credit reporting
• Team collaboration features
• Administrative controls and user management

Registration Requirements

To access certain features or areas of the Services, you must create an account. When registering, you agree to:

Provide Accurate Information: All registration information you submit must be true, accurate, current, and complete. This includes:

• Full legal name
• Valid email address
• Business name (for corporate accounts)
• Contact information
• Payment information

Maintain Updated Information: You must maintain the accuracy of your information and promptly update your registration details as necessary.

Account Security: You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

Single Account: You may only maintain one account per individual or entity, unless expressly authorized by us in writing.

Legal Capacity: You represent that you have the legal capacity to enter into this Agreement and comply with these Terms.

Authority: If registering on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

Identity Verification

We may require identity verification before activating your account or providing certain Services. This may include:

• Document verification (driver’s license, passport, etc.)
• Credit record checks
• Business verification (for corporate accounts)
• Additional authentication procedures

You acknowledge and consent that we or our designated agents will conduct necessary searches and verification procedures to validate your identity and information.

Username and Account Names

You may not use a trademarked name or business name without permission from the trademark holder. We reserve the right to:

• Reclaim or change usernames that are inappropriate, misleading, or infringe on others’ rights
• Remove accounts that violate naming policies
• Take action on behalf of trademark holders with legitimate rights to a name

4. Fees and Payment

Payment Methods

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• ACH/Bank Transfer (for certain accounts)

Pricing and Billing

Service Fees: You may be required to purchase or pay fees to access certain Services. Fees vary based on:

• Account type
• Service plan selected
• Usage volume
• Additional features or services

Current Payment Information: You agree to provide and maintain current, complete, and accurate purchase and account information, including:

• Email address
• Payment method details
• Billing address
• Payment card expiration date

We will bill you through an online billing system for purchases made via the Services.

Subscription Terms and Auto-Renewal

Subscription Fees: Some Services are subject to recurring charges. If you purchase a subscription:

• Subscription fees are charged on a recurring basis (monthly, annually, or as otherwise specified)
• Fees are non-refundable once paid
• Fees accrue on the first day of each billing period
• Billing continues until you cancel, regardless of whether you use the Services

Auto-Renewal: Your subscription will automatically renew for successive periods equal to your initial subscription term (e.g., monthly subscriptions renew monthly, annual subscriptions renew annually) unless you cancel.

Fee Changes: We may modify subscription fees upon thirty (30) days’ notice sent to your registered email address. Continued use of the Services after the notice period constitutes acceptance of the new fees.

Additional Fees: Certain Services may require additional fees or charges not included in your subscription, such as:

• Per-transaction fees for credit reports
• Premium features
• Increased usage limits
• Priority support

Payment Authorization

By providing payment information, you authorize us to charge your payment method for:

• Initial subscription fees
• Recurring subscription fees
• Additional service fees as incurred
• Any applicable taxes

Payment Processing

Declined Payments: If your payment method is declined or expires:

• Your access to the Services may be suspended or terminated
• We may attempt to process payment using updated information on file
• You remain responsible for all unpaid fees

Failed Payments: If you fail to pay amounts due:

• We may terminate or disable your account
• You remain liable for all outstanding balances
• We may pursue collection of unpaid amounts

Taxes

All fees are quoted and payable in United States Dollars. You are responsible for:

• All applicable federal, state, and local taxes
• Any transaction fees
• Currency conversion fees (if applicable)

Pricing Errors

We reserve the right to correct pricing errors or mistakes, even if we have already requested or received payment. In such cases, we will:

• Notify you of the error
• Offer you the option to continue at the correct price or cancel
• Provide a refund if you choose to cancel due to a pricing error

5. Cancellation and Refunds

Cancellation Process

You may cancel your subscription at any time by:

• Accessing your account settings
• Contacting customer support at [Your Contact Email]
• Calling us at [Your Contact Phone]

Cancellation Effective Date

Your cancellation will take effect at the end of your current paid billing period. You will retain access to the Services through the end of the billing period for which you have paid.

Refund Policy

No Refunds: Subscription fees are non-refundable. We do not provide refunds or credits for:

• Partial billing periods
• Unused Services
• Voluntary cancellations
• Terminations for cause

Exceptions: Refunds may be provided at our sole discretion in the following circumstances:

• Service outages or failures that substantially impair your ability to use the Services
• Billing errors or unauthorized charges
• As specifically stated in promotional offers

Satisfaction Guarantee

If you are unsatisfied with our Services, please contact us:

• Email: [Your Contact Email]
• Phone: [Your Contact Phone]

We will work with you to address your concerns, but please note that this does not guarantee a refund outside of our standard refund policy.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us in writing.

General Prohibitions

As a user of the Services, you agree not to:

Legal Compliance:

• Use the Services in any manner that violates applicable laws or regulations
• Use the Services for any illegal or unauthorized purpose
• Violate any local, state, national, or international law

Misuse of Services:

• Disparage, tarnish, or otherwise harm us or the Services
• Use the Services for purposes other than those intended and authorized
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Use the Services in any way that could damage, disable, overburden, or impair our systems

Unauthorized Access:

• Circumvent, disable, or interfere with security-related features
• Attempt to gain unauthorized access to any portion of the Services
• Bypass any measures designed to prevent or restrict access
• Access areas of the Services you are not authorized to access

Data Collection and Scraping:

• Use automated systems (bots, spiders, scrapers) to access the Services without written permission
• Systematically retrieve data to create any collection, compilation, or directory
• Use data mining, robots, or similar data collection tools
• Extract data for use outside the Services without authorization

Account Violations:

• Create accounts using automated means or under false pretenses
• Impersonate another user or person
• Use another user’s account without permission
• Share your account credentials with others
• Maintain multiple accounts (unless authorized)

Fraudulent Activity:

• Trick, defraud, or mislead us or other users
• Attempt to learn sensitive account information (passwords, payment details)
• Engage in any fraudulent schemes or activities
• Submit false or misleading information

Intellectual Property:

• Copy, reproduce, distribute, or create derivative works without permission
• Remove copyright or proprietary notices from any Content
• Reverse engineer, decompile, or disassemble any software
• Use the Services or Content for revenue-generating endeavors without authorization

Content and Communications:

• Upload or transmit viruses, malware, or harmful code
• Upload excessive content that burdens our systems
• Send spam, unsolicited communications, or promotional materials
• Use the Services to harass, abuse, or harm others

Competitive Activities:

• Use the Services to compete with us
• Develop competing products or services using our platform
• Benchmark or conduct competitive analysis without permission

Consequences of Violations

Violations of these prohibited activities may result in:

• Immediate termination of your account
• Legal action and pursuit of damages
• Reporting to law enforcement authorities
• Liability for costs incurred due to your violations

7. User-Generated Content

Content Submission

While the Services do not generally offer users the ability to post public content, you may submit content to us through:

• Customer support requests
• Feedback forms
• Account profiles
• API integrations
• Document uploads for verification purposes

Any content you submit, post, or transmit to us (“Contributions”) is subject to these Terms.

Representations and Warranties

When you submit Contributions, you represent and warrant that:

Ownership and Rights:

• You are the creator and owner of the Contributions or have necessary licenses and permissions
• You have the right to grant us the licenses described in these Terms
• The Contributions do not infringe on any third-party intellectual property rights

Accuracy:

• Your Contributions are truthful, accurate, and not misleading
• You have the written consent of identifiable individuals in your Contributions

Compliance:

• Your Contributions comply with all applicable laws and regulations
• Your Contributions do not violate any third-party rights
• Your Contributions are not obscene, harmful, or otherwise objectionable

Appropriate Content:

• Your Contributions do not contain material that solicits information from minors
• Your Contributions do not promote violence, hatred, or discrimination
• Your Contributions are not spam, advertising, or promotional materials

License to Contributions

By submitting Contributions, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to:

• Use, reproduce, modify, and adapt your Contributions
• Process your Contributions to provide the Services
• Store and maintain your Contributions as necessary for the Services

Ownership: You retain ownership of your Contributions. We do not claim ownership over any Contributions you submit (excluding feedback and suggestions).

Feedback and Suggestions: Any feedback, suggestions, or ideas you provide about the Services (“Submissions”) become our property. We may use Submissions for any purpose without compensation to you, and you waive any rights to such Submissions.

Content Responsibility

You are solely responsible for your Contributions. We:

• Are not liable for any statements or representations in your Contributions
• Do not endorse any Contributions
• May, but are not obligated to, monitor or review Contributions
• Reserve the right to remove any Contributions at our discretion

You agree to indemnify us from any claims arising from your Contributions.

8. Intellectual Property Rights

Our Intellectual Property

Unless otherwise indicated, all aspects of the Services, including:

• Source code, databases, and software
• Website designs, functionality, and user interfaces
• Audio, video, text, photographs, and graphics
• The CreditPullEngine name, logo, and branding
• Trademarks, service marks, and trade dress

(collectively, the “Content” and “Marks”) are owned or controlled by us or licensed to us, and are protected by:

• Copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property rights and laws

“AS IS” Provision

The Content and Marks are provided on the Services “AS IS” for your information and authorized use only.

Restrictions on Use

Except as expressly provided in these Terms, you may not:

• Copy, reproduce, or duplicate any Content or Marks
• Modify, create derivative works, or adapt any Content
• Distribute, publicly display, or publicly perform any Content
• Use any Content for commercial purposes without express written permission
• Aggregate, republish, upload, post, or transmit any Content
• Encode, translate, or otherwise exploit any Content
• Use automated means to access or download Content
• Remove or alter any copyright, trademark, or proprietary notices

Limited License

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for their intended purpose
• Download or print portions of Content you have properly accessed solely for personal or internal business use
• Use the Services in accordance with any separate Service Agreement

Reservation of Rights

We reserve all rights not expressly granted to you in these Terms. Any use of the Services or Content not expressly permitted by these Terms is a breach and may violate intellectual property laws.

Third-Party Intellectual Property

The Services may contain or reference third-party trademarks, service marks, or trade names. Use of such marks does not imply endorsement by or affiliation with the third party.

Copyright Infringement Claims

If you believe any Content infringes your copyright, please contact us with:

• A description of the copyrighted work
• The location of the allegedly infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

9. Third-Party Websites and Services

Third-Party Links

The Services may contain links to third-party websites, services, or content (“Third-Party Services”). These links are provided for your convenience only.

No Responsibility

We are not responsible for:

• The content, accuracy, or opinions of Third-Party Services
• The privacy practices of Third-Party Services
• The products or services offered by Third-Party Services
• Any damages or losses caused by Third-Party Services

No Endorsement

Inclusion of links to Third-Party Services does not imply:

• Approval or endorsement by us
• Any association with the third-party operators
• Any warranty or representation about Third-Party Services

Your Risk

When you access Third-Party Services:

• You do so at your own risk
• These Terms no longer govern your activities
• You should review the applicable terms and policies of the third party
• You are subject to the third party’s terms and conditions

Third-Party Transactions

Any purchases or transactions with Third-Party Services are:

• Exclusively between you and the third party
• Not our responsibility
• Subject to the third party’s terms, conditions, and policies

You agree to hold us harmless from any losses, damages, or claims arising from your interactions with Third-Party Services.

10. Service Availability and Modifications

Service Availability

We strive to provide reliable access to the Services, but we cannot guarantee:

• Uninterrupted availability
• Error-free operation
• Freedom from viruses or harmful components
• That the Services will meet your specific requirements

Maintenance and Downtime

Scheduled Maintenance: We may perform scheduled maintenance that temporarily makes the Services unavailable. When possible, we will:

• Provide advance notice (typically 24 hours)
• Schedule maintenance during off-peak hours
• Minimize disruption to your use

Emergency Maintenance: We may perform emergency maintenance without advance notice when necessary to:

• Address security vulnerabilities
• Fix critical bugs or errors
• Prevent service failures
• Protect user data

Exclusion from SLA: Planned maintenance and emergency maintenance periods do not count as service disruptions under any service level agreement.

Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Services
• Add or remove features or functionality
• Change pricing, plans, or offerings
• Update software, systems, or infrastructure
• Make changes at any time without notice

We are not liable for any modifications, suspensions, or discontinuance of the Services.

System Requirements

You are responsible for:

• Obtaining and maintaining compatible devices and equipment
• Ensuring adequate internet connectivity
• Meeting minimum system requirements
• Updating software and browsers as needed

11. Disclaimers and Warranties

“AS IS” and “AS AVAILABLE”

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied Warranties:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• QUIET ENJOYMENT

Service Quality:

• That the Services will meet your requirements
• That the Services will be uninterrupted, timely, secure, or error-free
• That results obtained from the Services will be accurate or reliable
• That any errors in the Services will be corrected

Content Accuracy:

• The accuracy, completeness, or reliability of any Content
• The quality of any products, services, or information obtained through the Services

Specific Service Disclaimers

Credit Reports and Financial Data: Credit reports and financial data provided through the Services are for informational purposes only. We do not guarantee:

• The accuracy or completeness of credit data
• That data is current or up-to-date
• The suitability of data for any particular purpose

Users are responsible for verifying information and making independent decisions based on the data.

Identity Verification: Identity verification services are tools to assist with verification but should not be considered definitive proof of identity. You are responsible for:

• Evaluating verification results
• Making final determinations about identity
• Implementing additional verification procedures as needed

No Liability for Third Parties

We assume no liability or responsibility for:

• Errors, mistakes, or inaccuracies of Content
• Personal injury or property damage resulting from your use of the Services
• Unauthorized access to our servers or your data
• Interruption or cessation of transmission to or from the Services
• Bugs, viruses, or malicious code transmitted through the Services
• Errors or omissions in any Content
• Loss or damage from use of Content posted or transmitted via the Services

Third-Party Products and Services

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services.

Jurisdictional Variations

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages. If these laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights.

12. Limitation of Liability

Exclusion of Damages

IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT DAMAGES
• INCIDENTAL DAMAGES
• CONSEQUENTIAL DAMAGES
• EXEMPLARY DAMAGES
• PUNITIVE DAMAGES
• SPECIAL DAMAGES

INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Loss of data or information
• Loss of business opportunities
• Loss of goodwill or reputation
• Cost of substitute services

THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF:

1. The amount paid by you to us in the six (6) months preceding the event giving rise to liability; OR
2. $100.00 USD

Basis of the Bargain

You acknowledge that we have set our prices and entered into this Agreement in reliance upon these limitations of liability, and that these limitations reflect a reasonable and fair allocation of risk between you and us.

Jurisdictional Variations

Certain jurisdictions do not allow limitations on liability for incidental or consequential damages. If these laws apply to you, some or all of the limitations may not apply, and you may have additional rights. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Exceptions

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

13. Indemnification

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless CreditPullEngine, LLC and our subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising from or related to:

1. Your use or misuse of the Services
2. Your breach of these Terms of Use
3. Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
4. Your violation of any applicable law or regulation
5. Any Content or Contributions you submit or transmit through the Services
6. Any willful misconduct or negligent acts or omissions
7. Your use of the Services on behalf of any entity
8. Any claims that your use of the Services caused harm to a third party

Defense and Settlement

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. In such cases:

• You agree to cooperate fully with our defense
• You will not settle any matter without our prior written consent
• We will use reasonable efforts to notify you of any such claim or action
• You remain responsible for all costs and expenses, including attorneys’ fees

Survival

These indemnification obligations shall survive termination of these Terms and your use of the Services.

14. Data Security and Privacy

Our Commitment

We take data security seriously and implement reasonable technical, administrative, and physical safeguards to protect personal information collected through the Services.

Security Measures

Our security measures include:

• Encryption of data in transit and at rest
• Secure authentication mechanisms
• Regular security assessments
• Access controls and monitoring
• Incident response procedures

Limitations

Despite our efforts, no security measures are perfect or impenetrable. We cannot guarantee:

• Absolute security of your data
• That unauthorized third parties will never breach our security measures
• That your data will not be accessed, disclosed, altered, or destroyed

Your Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Using strong passwords
• Notifying us immediately of any unauthorized access
• Implementing appropriate security measures on your end
• Restricting access to your devices and accounts

Data Breaches

In the event of a data breach affecting your personal information, we will:

• Investigate the breach promptly
• Take steps to contain and remediate the breach
• Notify you as required by applicable law
• Notify applicable regulators as required by law

Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our privacy practices as described in the Privacy Policy.

15. User Data and Backups

Your Data

You retain all rights to data you transmit to or store using the Services (“User Data”). We collect and maintain User Data for the purposes of:

• Providing and improving the Services
• Managing the performance of the Services
• Analyzing usage patterns
• Complying with legal obligations

Backups

While we perform regular routine backups of data, you acknowledge that:

• You are solely responsible for maintaining backups of your User Data
• We are not liable for any loss or corruption of User Data
• Backups may not be available for all data at all times
• We make no guarantees about data recovery

Data Loss

YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST US ARISING FROM ANY LOSS OR CORRUPTION OF USER DATA. We shall have no liability to you for any loss, damage, or corruption of User Data.

Data Portability

Upon request and subject to technical feasibility, we will provide you with a copy of your User Data in a commonly used format. We may charge reasonable fees for such requests.

16. Confidentiality

Mutual Confidentiality Obligations

Both you and CreditPullEngine agree that any information received from the other party during the course of this Agreement is considered confidential (“Confidential Information”).

Definition of Confidential Information

Confidential Information includes:

• Business plans, strategies, and financial information
• Technical data, specifications, and designs
• Customer lists and user data
• Proprietary algorithms and processes
• Any information marked as confidential
• Information that should reasonably be understood as confidential

Obligations

The recipient of Confidential Information agrees to:

• Not disclose Confidential Information to third parties
• Not use Confidential Information for any purpose other than performing under this Agreement
• Protect Confidential Information using reasonable security measures
• Limit access to Confidential Information to those with a legitimate need to know

Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach by the recipient
• Was rightfully known to the recipient prior to disclosure
• Is independently developed by the recipient
• Is rightfully received from a third party without confidentiality restrictions

Permitted Disclosures

Confidential Information may be disclosed:

• When required by law, regulation, or court order (with prior notice to the disclosing party when possible)
• To professional advisors bound by confidentiality obligations
• As necessary to enforce rights or perform obligations under this Agreement

Duration

Confidentiality obligations shall remain in effect during the term of this Agreement and for one (1) year following termination, except for personal data which must remain confidential indefinitely and be deleted upon termination.

Aggregated Data

Aggregated or statistical data derived from multiple users that does not identify individual users is not considered Confidential Information and may be used by us for analytics and business purposes.

17. Term and Termination

Term

These Terms commence when you first access or use the Services and continue until terminated in accordance with this Section.

Termination by You

You may terminate your account at any time by:

• Following the cancellation process in your account settings
• Contacting customer support
• Sending written notice to us

Upon termination by you:

• Your access will end at the conclusion of your current billing period
• No refunds will be provided for unused portions of prepaid fees
• You remain responsible for all charges incurred prior to termination

Termination by Us

WE RESERVE THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES, IN OUR SOLE DISCRETION, AT ANY TIME, WITH OR WITHOUT CAUSE, WITH OR WITHOUT NOTICE, INCLUDING BUT NOT LIMITED TO:

For Cause:

• Breach of these Terms or any applicable policies
• Violation of applicable laws or regulations
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Endangering the security or integrity of the Services
• Harming our reputation or business interests
• Engaging in prohibited activities

Without Cause:

• With thirty (30) days’ advance notice
• For business reasons
• At our sole discretion

Immediate Termination

We may immediately terminate or suspend your account without notice for:

• Serious violations of these Terms
• Fraudulent activity or criminal conduct
• Threats to the security of the Services or other users
• Legal requirements or court orders
• Suspected terrorism or money laundering activity
• Inclusion on government watch lists or sanctions lists

Effects of Termination

Upon termination of your account:

Your Obligations:

• All outstanding fees become immediately due and payable
• You must cease all use of the Services
• You must delete or destroy any downloaded Content
• Your license to use the Services immediately terminates

Our Rights:

• We may delete your account and all associated data
• We may retain certain data as required by law or legitimate business purposes
• We may pursue legal action for any breaches or unpaid amounts
• We may report violations to law enforcement

Survival: The following provisions survive termination:

• Payment obligations for amounts owed
• Indemnification obligations
• Limitations of liability
• Disclaimer of warranties
• Intellectual property rights
• Confidentiality obligations
• Dispute resolution provisions

Prohibition on Re-Registration

If we terminate your account for cause, you are prohibited from:

• Registering a new account under your name
• Registering under a fake or borrowed name
• Registering on behalf of a third party
• Accessing the Services through another user’s account

Violation of this prohibition may result in legal action and injunctive relief.

No Liability for Termination

We shall not be liable to you or any third party for any termination of your access to the Services.

18. Governing Law and Jurisdiction

Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any principles of conflicts of law. The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in Section 19.

Jurisdiction

To the extent that litigation is permitted under these Terms (as specified in Section 19), both you and CreditPullEngine agree that:

• All claims and disputes shall be litigated exclusively in the state or federal courts located in Palm Beach County, Florida
• Both parties consent to the personal jurisdiction of such courts
• Both parties waive any objection to venue in such courts
• Both parties waive any claim that such courts are an inconvenient forum

Waiver of Jury Trial

TO THE EXTENT LITIGATION IS PERMITTED UNDER THESE TERMS, YOU AND CREDITPULLENGINE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO TRIAL BY JURY.

19. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION.

A. Scope of Arbitration Agreement

You agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms or any breach thereof
• Your access to or use of the Services
• Any advertising or marketing communications regarding the Services
• Any products or services obtained through the Services
• Any aspect of your relationship with us

shall be resolved by binding individual arbitration rather than in court, EXCEPT:

1. Small Claims Court: You may assert claims in small claims court if your claims qualify and the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis.
   
   
2. Equitable Relief: Either party may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade secrets, copyrights, or patents).
   
   

This Arbitration Agreement applies to all claims, whether arising before or after the effective date of these Terms.

B. Pre-Arbitration Informal Dispute Resolution

Before filing an arbitration claim, the parties agree to attempt to resolve any dispute informally for at least thirty (30) days. This informal process begins when one party sends written notice to the other describing:

• The nature of the dispute
• The relief sought
• Contact information

During the 30-day informal negotiation period:

• Both parties will negotiate in good faith
• Any applicable statutes of limitation will be tolled
• Either party may pursue formal arbitration if the dispute is not resolved

Notice to CreditPullEngine should be sent to: [Your Contact Email]
[Your Business Address]

C. Arbitration Rules and Forum

If informal negotiations fail, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Arbitration Agreement.

The AAA Rules are available at: www.adr.org

Filing an Arbitration:

• You may initiate arbitration by emailing [Your Contact Email] or sending notice to our address
• The arbitration will be conducted by the AAA
• One arbitrator will be selected in accordance with AAA Rules

D. Arbitration Fees and Costs

Filing Fees:

• If you initiate arbitration and your claim is for $10,000 or less, we will reimburse your filing fee
• If your claim is for more than $10,000, the AAA Rules determine who pays the filing fee
• If we initiate arbitration, we will pay all filing fees

Administrative and Arbitrator Fees:

• Payment of all filing, administration, and arbitrator fees will be governed by AAA Rules
• If the arbitrator finds you cannot afford these fees and cannot obtain a waiver from the AAA, we will pay them for you
• We will not seek reimbursement of these fees unless the arbitrator determines your claim was frivolous or brought for an improper purpose

Attorneys’ Fees:

• Each party is responsible for their own attorneys’ fees unless:
  • Applicable law provides otherwise, OR
  • The arbitrator awards attorneys’ fees to the prevailing party

E. Arbitration Procedures

Location:

• Arbitration hearings will take place in Palm Beach County, Florida, unless the parties agree otherwise
• If your claim is for $10,000 or less, you may choose to have the arbitration conducted:
  • Solely on the basis of written submissions, OR
  • Through a telephonic hearing, OR
  • In person in Palm Beach County, Florida

Hearing:

• The arbitrator will conduct hearings in accordance with AAA Rules
• The parties may conduct reasonable discovery as permitted by the arbitrator
• The arbitrator shall have exclusive authority to resolve all disputes

Decision:

• The arbitrator will issue a written decision describing the essential findings and conclusions
• The decision shall include calculation of any damages awarded
• The arbitrator must follow applicable law
• The arbitrator’s decision is final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

F. Arbitrator’s Powers and Authority

The arbitrator shall have exclusive authority to:

• Resolve any dispute about the interpretation, applicability, enforceability, or formation of this Arbitration Agreement
• Determine whether all or any part of this Arbitration Agreement is void or voidable
• Grant motions dispositive of all or part of any claim
• Award monetary damages
• Grant any non-monetary remedy or relief available under applicable law
• Issue injunctions or declaratory relief
• Award attorneys’ fees and costs as permitted by law or these Terms

Limitations:

• The arbitrator cannot award relief that affects persons or entities other than the parties
• The arbitrator’s authority is limited by this Agreement and applicable law
• The arbitrator cannot consolidate more than one person’s claims

G. Class Action and Jury Trial Waiver

YOU AND CREDITPULLENGINE AGREE THAT:

Class Action Waiver:

• Each party may bring claims against the other only in an individual capacity
• Neither party may bring claims as a plaintiff or class member in any class action, consolidated action, or representative proceeding
• The arbitrator may not consolidate more than one person’s claims
• The arbitrator may not preside over any form of representative or class proceeding
• Claims of multiple customers or users cannot be arbitrated or litigated jointly or consolidated

Jury Trial Waiver:

• Both parties waive any constitutional and statutory rights to sue in court
• Both parties waive the right to have a jury trial
• There is no judge or jury in arbitration
• Court review of an arbitration award is very limited

IF YOU DO NOT AGREE TO THIS CLASS ACTION WAIVER AND JURY TRIAL WAIVER, YOU MUST OPT OUT AS DESCRIBED BELOW.

Severability of Class Action Waiver: If the class action waiver is found to be invalid or unenforceable for any reason:

• The entire Arbitration Agreement (Section 19) shall be null and void
• The dispute will be resolved in court as provided in Section 18
• All other provisions of these Terms remain in full force and effect

H. Opt-Out Right

You have the right to opt out of this Arbitration Agreement.

To opt out, you must:

• Send written notice within 30 days of first accepting these Terms (or within 30 days of any material change to this Arbitration Agreement)
• Include in your notice:
  • Your full name
  • Your address
  • Your email address
  • A clear statement that you wish to opt out of the Arbitration Agreement

Send opt-out notice to:
Email: [Your Contact Email]
Address: [Your Business Address]
Subject Line: “Arbitration Opt-Out”

Effects of Opting Out:

• If you opt out, you and CreditPullEngine cannot require the other to participate in arbitration
• All other parts of these Terms continue to apply
• Any disputes will be resolved in court as provided in Section 18
• Opting out does not affect any previous arbitration agreements you may have with us

No Retaliation: Your decision to opt out will not affect your ability to use the Services or result in any adverse treatment.

I. Survival

This Arbitration Agreement survives:

• Termination of these Terms
• Termination of your account
• Cessation of your relationship with us

J. Modifications to Arbitration Agreement

Notwithstanding any other provision in these Terms, if we make any future material change to this Arbitration Agreement:

• The change will not apply to any individual claim you had already provided notice of to us
• You will have 30 days from notice of the change to opt out using the procedure in Section 19(H)
• Continued use of the Services after the 30-day period constitutes acceptance of the changes

K. Invalidity and Severability

If any portion of this Arbitration Agreement is found to be invalid or unenforceable (except for the class action waiver as specified above):

• The remainder of the Arbitration Agreement shall continue in full force and effect
• Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable

20. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other policies or agreements referenced herein or entered into separately, constitute the entire agreement between you and CreditPullEngine regarding the Services and supersede all prior agreements and understandings.

Assignment

By Us: We may assign or transfer our rights and obligations under these Terms to any third party at any time, including in connection with a merger, acquisition, sale of assets, or by operation of law. We will provide notice of any such assignment.

By You: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable:

• That provision shall be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision shall be severed from these Terms
• The remaining provisions shall continue in full force and effect
• The invalidity of one provision does not affect the validity of other provisions

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of:

• That right or provision
• Any other right or provision
• Our ability to enforce that right or provision in the future

Any waiver must be in writing and signed by an authorized representative of CreditPullEngine.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations due to causes beyond our reasonable control, including:

• Acts of God (natural disasters, severe weather)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Telecommunications or internet failures
• Power outages or equipment failures
• Pandemics or public health emergencies

No Agency or Partnership

Nothing in these Terms creates:

• A joint venture, partnership, or agency relationship between you and us
• Any employment relationship
• Any franchise relationship

You have no authority to bind us or make commitments on our behalf.

Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties and, where applicable, their permitted successors and assigns.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

Electronic Signatures and Communications

By using the Services, you consent to:

• Receive communications from us electronically
• Electronic signatures and acceptance of these Terms
• Electronic transactions and recordkeeping

You waive any rights under laws requiring non-electronic signatures or records.

Language

If these Terms are translated into any other language, the English version shall prevail in case of any conflict or inconsistency.

U.S. Government Rights

If you are a U.S. government entity, the Services qualify as “commercial items” as defined in Federal Acquisition Regulation (FAR) 2.101, and are licensed in accordance with:

• FAR 12.212 (for computer software) for non-Department of Defense agencies
• DFARS 227.7202-3 for Department of Defense agencies

This provision supersedes any conflicting terms in government contracts.

Export Control

You agree to comply with all applicable export and import control laws and regulations. You may not use the Services if you are:

• Located in a country subject to U.S. embargo
• Listed on any U.S. government list of prohibited or restricted parties

Corrections

We reserve the right to correct any errors, inaccuracies, or omissions in any Content or information on the Services at any time without prior notice. This includes corrections to:

• Pricing errors
• Product descriptions
• Availability information
• Technical specifications

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us:

CreditPullEngine, LLC

General Inquiries:
Email: [Your Contact Email]
Phone: [Your Contact Phone]

Mailing Address:
[Your Business Address]

Dispute Resolution:
Email: [Your Disputes Email]

Legal Notices:
Email: [Your Legal Email]

Business Hours:
[Your Business Hours]

We will make reasonable efforts to respond to all inquiries within [X] business days.

22. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms of Use in their entirety
2. You agree to be bound by these Terms
3. You have had the opportunity to print or save a copy of these Terms
4. You consent to electronic communications and transactions
5. You waive any defenses based on the electronic nature of these Terms
6. You understand the arbitration provisions and their implications
7. You have reviewed our Privacy Policy and Cookie Policy
8. You are at least 18 years of age
9. You have the legal capacity to enter into this Agreement