Terms of Service

Last Updated: 10/05/2024

Welcome to SIMPLECHECK LLC ("Company"). SIMPLECHECK LLC is a Delaware Limited Liability Company based in Newark, Delaware. By accessing or using any of our websites, products, services, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Services. The Company reserves the right to modify these Terms at any time without prior notice, and your continued use of the Services constitutes acceptance of any changes. It is your responsibility to review these Terms periodically.

1. Informational Use Only; No Reliance

The Services provided by the Company, including financial insights and data reports, are for informational purposes only. The Company does not guarantee the accuracy, reliability, or completeness of any information provided. By using the Services, you acknowledge that:

  • All information provided is intended solely for informational use and is not a substitute for professional advice or compliance guidance.

  • You are solely responsible for ensuring compliance with all applicable laws, rules, and regulations when using the Services.

The Company disclaims all liability for any actions, inactions, or decisions taken by you based on information provided through the Services.

2. No Refunds or Chargebacks

All sales are final. Under no circumstances will the Company provide refunds, credits, or accept chargebacks for any purchases or use of the Services. By using the Services, you explicitly waive any right to initiate chargebacks, disputes, or claims for refunds. Attempting to initiate a chargeback may result in immediate termination of your access to the Services and potential legal action.

3. Use at Your Own Risk

You agree that:

  • The Company provides tools and resources for informational purposes only and does not guarantee compliance with laws, regulations, or specific outcomes.

  • Your use of the Services is entirely at your own risk, and the Company is not responsible for any misuse or improper application of the Services by you or third parties.

  • The Company is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use or misuse of the Services.

4. Limitation of Liability

To the fullest extent permitted by law:

  • The Company is not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, business interruptions, or data loss, even if advised of the possibility of such damages.

  • The Company's total liability for any claim arising out of or related to the Services is limited to the amount you paid for the Services in the 12 months preceding the claim.

  • The Company disclaims all warranties, express or implied, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

5. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or related to:

  • Your use of the Services.

  • Your violation of these Terms.

  • Your violation of any applicable laws or third-party rights.

6. Ownership and Intellectual Property

All materials provided by the Company, including but not limited to software, designs, reports, and trademarks, are the sole property of the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes. You may not copy, modify, distribute, reverse-engineer, or create derivative works based on the Services without prior written consent from the Company.

7. User Responsibilities

By using the Services, you represent and warrant that:

  • You have obtained all necessary consents from third parties, including individuals whose data you may process or access through the Services.

  • You will not use the Services for any illegal, unethical, or unauthorized purposes.

  • You will comply with all applicable laws, including but not limited to the Fair Credit Reporting Act (FCRA), if applicable.

The Company assumes no liability for your failure to meet legal requirements in your use of the Services.

8. Termination

The Company reserves the right to terminate your access to the Services at any time, with or without cause or notice, for violation of these Terms or any applicable laws. Upon termination, all rights and licenses granted to you will immediately cease.

9. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles.

Binding Arbitration: Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in Newark, Delaware. Arbitration shall be conducted in English by a single arbitrator. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree to resolve any disputes on an individual basis and waive any right to participate in a class, collective, or representative action.

10. Billing and Payment Policy

At SimpleCheck, we utilize a usage-based billing model with automatic payments to ensure a streamlined experience for our users. By accessing and using our platform, you agree to the following terms:

1. Usage-Based Billing:
• Charges are based on the number of soft credit pulls performed through our platform during the billing period.
2. Billing Frequency:
• Your payment method on file will be automatically charged every 160 pulls or every 2 weeks, whichever occurs first.
• If fewer than 160 pulls are performed within a 2-week billing period, you will only be billed for the number of pulls completed during that time. For example, if only 2 pulls are completed in 2 weeks, you will be billed for those 2 pulls.
3. Automatic Payments:
• The credit card or bank account you provide during registration will be automatically charged at the end of each billing cycle.
• By using our platform, you authorize SimpleCheck to process these payments automatically.
4. Failed Payments:
• If a payment attempt fails, SimpleCheck may retry processing the payment. Continued failed attempts may result in a temporary suspension of your account until the balance is resolved.
5. Prepaid Plans (if applicable):
• Charges for usage under prepaid plans will be deducted from your balance. Once the prepaid balance is exhausted, automatic charges will resume according to the terms outlined above.
6. Refund Policy:
• Due to the nature of our service, all charges are final and non-refundable once processed.

11. Disclaimer

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no representations or warranties, express or implied, regarding the Services, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee that the Services will be uninterrupted, error-free, or secure.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede any prior agreements, understandings, or communications. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Contact Information

For any questions or to report violations of these Terms, you may contact us at:

SIMPLECHECK LLC
254 CHAPMAN RD, STE 208
NEWARK, DELAWARE, 19702
support@simplecheck.ai


By using the Services, you affirm that you have read, understood, and agreed to be bound by these Terms of Service.