UPCREDIT, INC.

TERMS AND CONDITIONS

By using any of the services of Upcredit, Inc. (hereinafter, "Upcredit" or "we"), including without limitation the credit reporting services (collectively, "Services") and the Upcredit website (the "Site"), you are agreeing to be bound by the following terms and conditions ("Terms and Conditions" or "Agreement"). You must agree to these Terms and Conditions to use the Services.

Upcredit reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Services are subject to the Terms and Conditions. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at: www.upcredit.com.

If you are a renter, by using these Services and by submitting Submitted Information, defined below, such as your name and rent amount, you agree that Upcredit may contact your landlord or property manager to verify such information.

If you are a landlord or property manager, you agree, represent and warrant that you are submitting information in compliance with the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681. See, www.consumerfinance.gov/learnmore.

If you are using the Services on behalf of your employer or another entity ("Organization"), you represent and warrant that you have full legal authority to bind your Organization to these Terms and Conditions. Accordingly, all references in these Terms and Conditions to "you" or "your" shall be deemed to include your Organization, except where the context may otherwise require. If you do not have such authority, then you may not use the Service on behalf of your Organization, and you agree to discontinue use of all Services immediately.

Services. Upcredit provides Services relevant to renters, landlords, property managers, and others, including, without limitation, providing credit reporting services and credit-related products. Upcredit reserves the right to deny service to any person or entity at Upcredit’s sole and absolute discretion.Eligibility. You represent and warrant that you are an individual at least 18 years old that is able to form legally binding contracts under applicable law and a resident of the United States with a postal mailing address in the United States. All Users must be human (i.e., no machines, scripts or automated services may be used to access or use the Services).Identity Authentication. You authorize Upcredit, directly and through third parties, to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial account, and verifying your information against third party databases or through other sources. If we cannot verify your information to the extent we deem necessary, we may not be able to allow you to use the Services.Your Account.

4.1 Account. To use the Services, you must have an account with Upcredit. You may only register for an account if you are eighteen or older and have a valid U.S. Social Security Number. By registering, you certify that you meet these criteria. You may be required to provide information about yourself as part of the registration process or your continued use of the Services. All information you provide to us must be true, accurate, current, and complete information. You are required to keep all information up to date and accurate. You agree not to misrepresent your identity, your personal information, or other information you provide to us.

4.2 Fees. You agree to pay all applicable fees and taxes incurred by your use of the Services. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Upcredit may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of these Terms and Conditions or posting such changes elsewhere on the Site. For the avoidance of doubt, if you purchase monthly (or other periodic) Services, you agree and acknowledge that your subscription has an initial enrollment set up fee as well as a recurring monthly subscription charge each month on the date of your subscription at the then-current rate for Services, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Upcredit after the expiration date of your payment card. You are responsible to remit payment for all fees and charges incurred if you dispute a charge by Upcredit and order an investigation of such charge or otherwise initiate a chargeback. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. In the event that you dispute any charge with your credit card provider, your account will be immediately deleted, and no further services will be provided. If you wish to reinstate services and re-establish your reporting account with Upcredit, you agree to pay a $25.00 reinstatement fee and any fees charged by your credit card provider.

4.3 Cancellation by You. You have the right to cancel the Services at any time. You may cancel the Services by contacting us via phone at (844) 724-2525 or via email at [email protected]. If you cancel the Services, you may use the Services until the end of your then-current Services term.

4.4 Termination by Us. We may terminate this Agreement, or your use of the Services for any reason or no reason and at any time without advance notice to you. Upcredit will terminate your account if any of the following apply: (a) you are in breach of these Terms and Conditions; (b) you fail to pay the fees due to Upcredit for the Services; (c) Upcredit is required by law to terminate your account; or (d) Upcredit ceases to provide the Services or any material portions thereof.

Credit Reporting.

5.1 Consent to Electronic Delivery. You agree to the electronic delivery of information and notices from Upcredit and agree to provide and continue to provide a valid email address for the purposes of delivery of electronic notices. This consent includes, without limitation, the electronic delivery of furnishing of negative information to a Credit Reporting Agency.


5.2 Rent Reporting. Upcredit will report rent payments made by you to a credit reporting agency, which in part is designed to assist parties in establishing a credit history and/or a credit score. In order to use certain aspects of the Services, you will need to provide Upcredit with, (a) if you are a renter, your personal information (name, email address, password, phone number, date of birth, social security number, property address and prior property addresses), personal information of your landlord or property manager (name, phone number and address), and rental information (rent amount and payment dates) and any information necessary for us to verify and validate the information with your landlord or property manager and (b) if you are a landlord or property manager, your personal information and personal information of your tenants, and rental information (“Submitted Information”).

5.3 Verification of Lease. To be eligible for reporting to a Credit Reporting Agency, Upcredit will verify the existence of a valid written lease, including verifying that you are listed as a lessee. Additionally, Upcredit will need to verify certain lease details with the Landlord, for example, the amount and due dates of the payments under the lease.

5.4 No Modification. Once payments have been reported by Upcredit to a Credit Reporting Agency, the reporting of those payments cannot be modified, amended or canceled.

5.5 Dispute. Notwithstanding the above, any party may dispute any entry on a credit report provided by Upcredit to a Credit Reporting Agency pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681. You acknowledge that when accounts are disputed with the credit bureaus by the user, credit bureaus will often delete the disputed account. If your account is deleted under these circumstances, you agree to pay a $25.00 reinstatement fee to Upcredit to re-establish your account and resume reporting your rent payments.

5.6 No Liability for Credit Reporting Agency. Upcredit is an independent company not related to any Credit Reporting Agency. Therefore, Upcredit is not responsible for how any Credit Reporting Agency may manage or use the information provided to them. You hereby agree to hold Upcredit harmless against any such claims (all subject to the Credit Reporting Dispute Resolution Policy and the Fair Credit Reporting Act). See such Credit Reporting Agency for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from Upcredit to the Credit Reporting Agency, that Credit Reporting Agency will obtain an ownership interest in that data.

5.7 Cessation of Services Can Affect Credit Score. Once rent payments have been reported to a Credit Reporting Agency, the cessation of reporting such rent (or the inconsistent reporting of such payments) to a Credit Reporting Agency may negatively impact your credit history, including the subsequent reporting of such bill or account following a period of no reporting on such bill or account, which may occur for a variety of reasons, including cessation of use of the Services. Upcredit shall not be liable for any claims, charges, demands, damages or adverse impacts on a User’s credit score or credit history if you cease using Upcredit’s Services (or have inconsistent reporting).

5.8 Landlord Release. Upcredit is an independent company, which is not owned, operated, or directed by your Landlord or Property Manager (“Landlord”). Landlord makes no warranties about said service and shall not be liable for any acts or omissions that may violate any applicable provisions of the Federal Consumer Credit Protection Act (15 U.S.C. § 1601 et seq), the Federal Fair Credit Reporting Act (including 15 U.S.C. §§1681-1681t) Public Law 91-508, Federal Equal Credit Opportunity Act, Gramm-Leach-Bliley Act, and any amendments to them, all state law counterparts of them, and all applicable regulations promulgated under any of them, including, without limitation, any provisions requiring adverse action notification to the consumer. In order to induce Landlord to verify rent payments to Upcredit, you agree to indemnify and hold Landlord harmless on account of any loss, injury, damage or claim that may result or stem from the information furnished to Upcredit or any other transaction under and pursuant to the Agreement with Upcredit and/or any violation of any of the provisions contained in applicable Federal, state or local laws, and/or claims of its customers, as well as any attorney’s fees and costs associated therewith.

5.9 FCRA Notice. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

6. Dispute of Credit Reporting Information Policy and Procedures

6.1 Notice of Dispute. You may dispute an entry on your credit report derived from information provided by Upcredit to a Credit Reporting Agency by notifying Upcredit either by mail or by other means available to you. You must provide the following information as part of any dispute of information provided by Upcredit: (a) your name; (b) your contact information, including without limitation the address of the property for which we are reporting rent payments; (c) your Landlord’s name; (d) a brief description of the disputed information. You hereby represent and warrant that all information submitted to Upcredit pursuant to this Section is accurate.


6.2 Investigation of Disputed Information. Upon our receipt of a notice of dispute, Upcredit will conduct an investigation and make a determination of the status of the disputed information within ten (10) business days of receipt of the notice of dispute. The investigation shall include, but is not limited to, all relevant information provided by you. We will determine if (a) the dispute is frivolous or irrelevant and the information originally provided is accurate; (b) the disputed information is inaccurate; or (c) more information is necessary to make a final determination regarding the disputed information.

6.3 Notification of Determination. Once a final determination has been made regarding the disputed information, Upcredit will notify you for that purpose, by other means available to Upcredit within five (5) business days of the determination regarding the disputed information. If Upcredit determines that the dispute is frivolous or irrelevant, Upcredit shall notify you. Said notice shall include: (a) the reasons for the determination; and (b) identification of any information required to investigate the disputed information. If Upcredit determines that the disputed information is inaccurate, Upcredit shall notify you within five (5) business days of the determination and will promptly notify all credit reporting agencies to which Upcredit provided said information and request that they delete or modify the information as appropriate. If Upcredit determines that more information is necessary to complete its investigation, Upcredit will notify you and your landlord if necessary, and request additional information from them to help make a final determination as to the disputed information.

6.4 Additional Information Request. Upon receipt of the additional information, Upcredit shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by Upcredit under this section. Notice of said determination shall be forwarded to you as described above. You hereby agree to provide additional information if requested of you.

7. Representations and Warranties. You represent and warrant that you will (a) not activate multiple registrations without prior consent by Upcredit, whether such registration was completed fraudulently, falsely, or unlawfully, or by legitimate and lawful means such as the use of alternate but valid names, different contact information, separate bank-account numbers, and other pertinent data; (b) not engage in any fraud, intentional or negligent misrepresentation or any unlawful act relating to the use of Upcredit’s Services or otherwise provide false, accurate, or misleading information or otherwise participate in a fraudulent transaction, including, without limitation, providing payment source information that you have not been authorized to provide or use; (c) fully cooperate in any investigation or provide confirmation of your identity or any information you provide to us; (d) will not infringe Upcredit’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights or other right of any party (including rights of privacy or publicity); (e) will not interfere with or damage our Services, including, without limitation, through the use of any viruses, Trojan horses, worms, cancel bots, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other computer programming routines, methods or technology that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) will not access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Services; (g) you will not obtain or attempt to obtain any information from the Services including without limitation, email addresses or mobile phone numbers of any other users; (h) you will not violate any law, statute, ordinance, regulation or treaty in connection with your use of the Services or access or use of the Site (i) not breach these Terms and Conditions or any other agreement with Upcredit. You agree to notify Upcredit immediately in writing at any time that you discover that any of the representations or warranties contained in these Terms and Conditions are not true and correct in all respects and/or if you receive notice or any communication from any third-party that claims directly or by implication that any of these representations or warranties contained in these Terms and Conditions are not true and correct in all respects.

8. Links from the Site. The Site may contain links to websites operated by other parties. Upcredit provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Upcredit, and Upcredit is not responsible for the content available on the other websites. Such links do not imply Upcredit’s endorsement of information or material on any other website, and Upcredit disclaims all liability with regard to your access to and use of such linked websites.

9. Intellectual Property. Upcredit’s name and logo are trademarks and service marks of Upcredit. Unless permitted in a separate written agreement with Upcredit, you do not have the right to use any of Upcredit’s trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

10. Privacy Policy. By accepting these Terms and Conditions or using the Services, you represent that you have read and consent to our Privacy Policy. Upcredit may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.

11. Submitted Information.


11.1 No Guaranty of Submitted Information. We do not endorse, represent, or guarantee the completeness, accuracy, reliability, or usefulness of any Submitted Information. Submitted Information is entirely the responsibility of the person from whom such information originated. You are responsible for the information you choose to submit using the Services. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets, or otherwise is subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; or (b) is false or is a misrepresentation. Further, Upcredit may, in its sole discretion, remove Submitted Information and terminate your account if you submit any information that is in breach of these Terms and Conditions.

11.2 Updates to Submitted Information. If Upcredit determines that any Submitted Information is inaccurate, it may request that you update the information or may update the Submitted Information. At Upcredit's sole discretion, any Submitted Information may be included in the Services in whole or in part in modified form. In addition, Upcredit and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Information that is available via the Services that violates these Terms and Conditions.

11.3 Responsibility for Submitted Information. You acknowledge that your Submitted Information is your sole responsibility. You agree that, under no circumstances, will Upcredit be liable in any way for any Submitted Information, including, but not limited to, any errors or omissions in any Submitted Information, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Information transmitted or otherwise made available via the Service.

12. Children. The Service is not directed toward children under 13 years of age, and Upcredit does not knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to Upcredit.

13. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:13.1

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. UPCREDIT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPCREDIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.3 UPCREDIT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY MATERIALS, INFORMATION, OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES.

13.4 Applicability to ASA and its Affiliates. If you have accessed the Services through Upcredit’s partner, ASA Technologies, you agree that the provisions of this Paragraph 13 apply to ASA and its affiliates.

14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPCREDIT AND ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA, OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF UPCREDIT OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION, OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

14.2 WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF UPCREDIT OR ANY OF THE RELATED PARTIES EXCEED FIVE HUNDRED DOLLARS ($500.00).

14.3 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Upcredit and the Related Parties shall be limited to the fullest extent permitted by law.

14.4 Applicability to ASA and its Affiliates. If you have accessed the Services through Upcredit’s partner, ASA Technologies, you agree that the provisions of this Paragraph 14 apply to ASA and its affiliates. Further, you hereby release ASA and its affiliates of all liability and obligation related to any delays, inaccuracies, or incomplete services caused by the failure of ASA or its affiliates to properly or timely meet their obligations or requirements.

15. Indemnification.You agree to defend, indemnify, and hold Upcredit and the Related Parties harmless from and against any and all claims, demands, liabilities, damages, and losses, including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Services; or (b) your breach of these Terms and Conditions or any other policies that Upcredit may issue for the Services from time to time.

16. Governing Law; Jurisdiction; Disputes.

These Terms and Conditions are governed by Arizona law, without regard to conflict of laws principles. You and Upcredit agree that the state and federal courts located in the County of Maricopa, Arizona, will have exclusive jurisdiction of all disputes arising out of or related to these Terms and Conditions or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Upcredit shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction. Further, you agree that you may bring claims against Upcredit only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

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17. General.

17.1 Assignment. Upcredit may assign its rights under these Terms and Conditions to any person or entity without your consent. The rights granted to you under these Terms and Conditions may not be assigned without Upcredit's prior written consent, and any attempted unauthorized assignment by you shall be null and void.

17.2 Force Majeure. In no event will Upcredit have liability or be deemed in breach hereof for any failure or delay of performance of any duration resulting in whole or in part from any governmental action, fire, flood, insurrection, war, earthquake, power failure, network failure, riot, explosion, embargo, strikes, terrorist act, labor or material shortage, transportation interruption of any kind, or work slowdown or any other condition not reasonably within Upcredit’s control. Your payment obligation will not be excused or reduced upon the occurrence of any such event.

17.3 Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms and Conditions shall be given full force and effect.

17.4 Attorneys’ Fees. If any action is brought to recover any amount under this Agreement or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which will be fixed by the court and will be made a part of any award or judgment rendered.

17.5 No Waiver. Upcredit's failure to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Upcredit's right to enforce the same provision at a later time.

17.6 Headings. Headings of this Agreement are for the purposes of reference only and shall not limit or otherwise affect the meanings thereof.

17.7 Notices. All notices given by you or required under these Terms and Conditions shall be in writing and sent to [email protected].

17.8 Equitable Remedies. You acknowledge and agree that Upcredit would be irreparably damaged if the terms of these Terms and Conditions were not specifically enforced. Therefore, you agree that Upcredit shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as Upcredit may otherwise have available under applicable laws.

17.9 Entire Agreement. These Terms and Conditions, including the documents referenced in these Terms and Conditions, constitute the entire agreement between you and Upcredit with respect to the Service and supersede any and all prior agreements between you and Upcredit relating to the Service.

17.10 Federal Law. All furnishers of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.

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