If you are using our service on behalf of a business that obtains consumer reports, this is your End-User Agreement under the FCRA. Section 17 contains a binding arbitration clause and class action waiver. You may opt out within 30 days by emailing legal@creditreportnow.ai.
1Acceptance and Eligibility
These Terms & End-User Agreement ("Agreement") are between you (or the business you represent, "End-User," "you," "your") and CreditReportNow LLC ("CreditReportNow," "we," "us"). By creating an account, executing a separate End-User Agreement, or using our services, you agree to this Agreement.
You represent and warrant that: (a) you are at least 18 years old; (b) you have authority to bind the business you represent; (c) the business is duly formed and in good standing in the United States; and (d) all information you provide is true, complete, and current.
2Our Services
We are a consumer reporting agency reseller as defined in the FCRA, 15 U.S.C. § 1681a(u). We obtain consumer reports from a supplying consumer reporting agency under a written reseller agreement and deliver them to you for permissible purposes specified in 15 U.S.C. § 1681b. We do not maintain our own database of consumer credit information. We are not a credit repair organization. We do not provide credit advice, financial advice, or legal advice.
3Permissible Purpose Certification
You represent and certify that you will request consumer reports only for permissible purposes specified in 15 U.S.C. § 1681b. You will certify the specific permissible purpose for each individual report request. You will not request a report for any prohibited purpose, including but not limited to: pulling reports on private parties for personal reasons; reselling reports outside this Agreement; using reports for marketing or list generation; using reports as a credit repair organization; or using reports under false pretenses (which is a federal crime under FCRA § 619).
4Consumer Authorization Requirements
You will obtain the consumer's written authorization before requesting a report when required by law. Specifically:
- Employment purposes (§ 1681b(b)(2)(A)): You will provide a clear and conspicuous written disclosure to the consumer in a stand-alone document and obtain the consumer's written authorization before procuring the report.
- Investigative consumer reports (§ 1681d): You will provide the additional disclosures required for investigative reports.
- State law: You will comply with all state-specific authorization requirements (including but not limited to Vermont's affirmative consent rule, California's disclosures, and others).
Where our platform handles authorization on your behalf, you authorize us to do so as your agent and you remain ultimately responsible for compliance with these requirements.
5Adverse Action Obligations
If you take adverse action (denial, less favorable terms, increased premium, termination, or other) based in whole or in part on a consumer report we delivered, you are responsible for sending the consumer the adverse action notice required by FCRA § 1681m. The notice must include the name, address, and toll-free number of the consumer reporting agency that supplied the report, a statement that the agency did not make the adverse decision, notice of the consumer's right to a free copy of the report within 60 days, and notice of the right to dispute. Risk-based pricing notices may also be required under 12 CFR Part 1022 Subpart H. We provide templates and information to support these obligations, but you remain responsible for sending the notices.
6Security and Disposal
You will implement reasonable security measures to protect consumer report information consistent with the FTC Safeguards Rule and the Disposal Rule (16 CFR Part 682 / 12 CFR Part 1022 Subpart I). You will properly dispose of consumer report information when no longer needed. You will not transmit consumer report information by unencrypted email or store it on unsecured devices.
You will use multi-factor authentication, will not share login credentials, and will notify us immediately at security@creditreportnow.ai if you suspect unauthorized access to your account.
7Audit and Inspection Rights
You agree to: (a) cooperate with any onsite or virtual inspection required by us, the supplying bureau, or any regulator; (b) provide records on request to demonstrate compliance with this Agreement and applicable law; (c) maintain records of permissible purpose certifications, authorizations, and adverse action notices for at least five years; and (d) allow us, the supplying bureau, or our designated auditor to audit your use of our services on reasonable notice.
8Compliance Training
You and each of your portal users will complete our FCRA compliance training upon onboarding and annually thereafter. We may suspend portal access for users who do not complete required training.
9Fees and Payment
You will pay our fees as set out in your separate pricing schedule. Fees are due upon receipt or as otherwise agreed. Late payments accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. Refunds are governed by our Refund Policy.
10Prohibited Uses
You agree NOT to:
- Obtain a consumer report without a permissible purpose under § 1681b.
- Misrepresent the permissible purpose for any request.
- Use, share, or resell consumer reports outside this Agreement.
- Use our service as a credit repair organization or to assist consumers in disputing accurate adverse information.
- Reverse engineer, scrape, or interfere with our platform.
- Use the service to make decisions in violation of the Equal Credit Opportunity Act (ECOA), the Fair Housing Act, Title VII, or any other anti-discrimination law.
- Fail to honor fraud alerts or active duty alerts.
Violation may result in immediate termination, retention of fees paid, and reporting to the supplying bureau and applicable regulators.
11Intellectual Property
Our platform, software, trade names, logos, and documentation are our property or licensed to us. You receive a limited, non-transferable, revocable license to use the platform during the term of this Agreement for the purposes described.
12Confidentiality
Each party will protect the other's confidential information using at least the same care it uses for its own confidential information, and not less than reasonable care. Consumer report information is treated as confidential under both this Agreement and applicable law.
13Service Providers; Third-Party Data
We rely on third-party service providers including the supplying consumer reporting agency, identity verification vendors, and cloud infrastructure providers. We are not responsible for the underlying accuracy of consumer report information furnished by the supplying bureau. The supplying bureau is responsible for the contents of the consumer report itself.
14Disclaimers
Except as expressly stated, the service is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that any defects will be corrected, or that consumer reports will be free of inaccuracies — that is the responsibility of the supplying bureau and the consumer's right to dispute.
15Limitation of Liability
To the maximum extent permitted by law, our aggregate liability arising out of or related to this Agreement is limited to the greater of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) $500. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, even if advised of the possibility. These limitations do not apply to liability that cannot be limited by law (including statutory liability under the FCRA).
16Indemnification
You will defend, indemnify, and hold harmless CreditReportNow LLC and its affiliates, officers, employees, and contractors from any third-party claim, demand, loss, or liability (including reasonable attorneys' fees) arising from: (a) your breach of this Agreement; (b) your violation of the FCRA, ECOA, GLBA, or any other law; (c) your misuse of any consumer report; or (d) any adverse action notice you sent or failed to send.
17Arbitration and Class Action Waiver
Any dispute arising out of or relating to this Agreement (other than claims for injunctive relief or for FCRA statutory damages explicitly preserved by 15 U.S.C. § 1681n/o) will be resolved by final and binding arbitration administered by JAMS in Maricopa County, Arizona, before a single arbitrator under the JAMS Comprehensive Arbitration Rules. You and CreditReportNow each waive the right to a jury trial and the right to participate in a class action.
30-Day Opt-Out: You may opt out of this arbitration provision by emailing legal@creditreportnow.ai within 30 days of first agreeing to this Agreement. Subject line: "Arbitration Opt-Out." Include your business name and the date of agreement.
18Governing Law and Venue
This Agreement is governed by the laws of the State of Arizona and the federal laws of the United States, without regard to conflicts of law principles. Subject to Section 17, the courts of Maricopa County, Arizona have exclusive jurisdiction.
19Term and Termination
This Agreement remains in effect until terminated. Either party may terminate for convenience on 30 days' written notice. We may terminate immediately for breach, suspected misuse, or upon direction from the supplying bureau. Sections that by their nature should survive (including indemnification, limitation of liability, arbitration, and confidentiality) survive termination.
20Changes to These Terms
We may modify this Agreement on 30 days' notice to active end-users by email or platform notice. Continued use after the effective date constitutes acceptance. Material changes that reduce your statutory rights will not apply retroactively.
21Notices
CreditReportNow LLC
Attn: Legal Department
1234 N. Central Avenue, Suite 500
Phoenix, Arizona 85004
Email: legal@creditreportnow.ai
Phone: (602) 555-0100
22Entire Agreement
This Agreement, together with any separately executed End-User Agreement and pricing schedule, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements regarding the same subject matter. If any provision is held unenforceable, the remaining provisions remain in effect.