These are the terms and conditions (the “Agreement”) that govern your access to and use of Experian Services (as defined below) as provided through this website (https://www.tillful.com/) or any related mobile applications provided by Flowcast Inc. (“Website“), as well as any content provided or accessible in connection with the Website or mobile application(s), including any privacy policies, content, functionality, information, user interfaces, source code, reports, images, products, data and services offered on or through the Website whether you are browsing or accessing the Website, enrolled or registered with the Website, are accessing or using a Service, or are a registered customer (“Customer”).
Updated: March 25, 2022
EXPERIAN TERMS & CONDITIONS
Please read the following information carefully before using the Website. By using the Website, or by clicking to agree to these Terms and Conditions when that option is made available, You, also referred to as “Customer”, or “Your”, agree to these terms and conditions. If You do not agree to these terms and conditions, please do not access or use our Services (as defined herein) provided through the Website.
For purposes of this Agreement, the term “Experian” refers to Experian Information Solutions, Inc., its parent companies, subsidiaries, affiliates, divisions, employees, officers, directors, contractors, vendors, including but not limited to Flowcast Inc., and all data sources and suppliers that are used in connection with the provision of the Services to You. The terms and conditions are in addition to, and do not override specific terms and conditions for products or Services offered by Experian through the Website or otherwise.
A. Restrictions on Use. In consideration for Customer's right to receive and use the Services from Experian through the Website, Customer agrees that the Services:
1) will be used solely to review Your own business credit report or credit score, as applicable and will be used for Your internal business uses only and will not be resold;
2) will not be used as a factor in establishing an individual's eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes;
3) will not be shared or disclosed to a third party;
4) will be used in compliance with all applicable laws, regulations, export restrictions, ordinances, and additional use restrictions set forth in the Agreement or hereafter adopted by Experian and notice provided to You; and
5) Customer acknowledges that the Services it receives from Experian under this Agreement include non-public information about businesses and, as such, Customer agrees that it will maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.
B. Warranty Disclaimer and Limitation of Liability. Customer further acknowledges and agrees that the Services are subject to the following:
1) THE SERVICES ARE NOT GUARANTEED, ARE PROVIDED 'AS IS', AND THAT NEITHER EXPERIAN NOR ITS SOURCES WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM. The information, products and services available on the Website may include technical inaccuracies or typographical errors; and
2) are subject to the following exclusion of warranty. NEITHER EXPERIAN NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR DATA AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY EXPERIAN'S OR ITS SOURCES' ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXPERIAN, OR ITS VENDORS, AGENTS, EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EXPERIAN OR ITS SOURCES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF EXPERIAN OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON, EXPERIAN OR ITS SOURCES, THEN CUSTOMER AGREES THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO EXPERIAN BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE EXPERIAN OR ITS SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST EXPERIAN OR ITS SOURCES. THIS SUBSECTION STATES EXPERIAN'S AND ITS SOURCES' ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES EXCEPT AS OTHERWISE REQUIRED BY LAW.
D. Emails from Experian. You acknowledge that Experian will send emails to the email address You provide to Experian and/or Flowcast Inc. as set forth herein regarding notices, alerts, price changes, product updates, renewal notices or other matters specifically relating to the Services (“Email Notices”). You agree to provide Experian and/or Flowcast Inc. with Your current email address for purposes of receiving Email Notices. Experian may send You additional emails including newsletters and other product offering information. You may opt-out of receiving these additional emails during initial registration or by following the instructions located in the email.
E. Account Set-Up, Accuracy, and Access To Customer's Account. You represent and warrant that You are 18 years of age or more at the time You create an account with us (if applicable), and are fully able and competent to agree to the terms and conditions set forth herein. If any information You provide is untrue, inaccurate or not current, or if Experian has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Experian, at its sole discretion, has the right to suspend or terminate Your use of any product and refuse all current or future access to the Services or suspend or terminate any portion thereof. Further, You agree that Experian will not be liable to You or any third party if Experian suspends or terminates Your access to the Services or products for any reason. Some Services may require separate registration and logins. Customer is responsible for providing all information necessary for such registrations, for protecting the confidentiality of Customer's identification and/or passwords for accessing any of the Services, and is responsible for all use of Customer's accounts whether expressly authorized by Customer or not.
F. Right to Modify Service. Experian may at any time, without notice or liability, add a Service, change or eliminate any Service or any content or feature of the Services, or restrict the use of any portion of the Services. Customer's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.
Experian reserves the right to disclose Your information (i) if required to do so by law or legal process; or (ii) if necessary or appropriate to protect or defend the rights or property of Experian. Without limiting the foregoing, Experian has the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity or other information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS EXPERIAN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EXPERIAN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EXPERIAN OR LAW ENFORCEMENT AUTHORITIES.
H. Links to other websites: For purposes of convenience, Experian's site contains links to other Experian or to third party websites. You may use these links to access products and services offered on those websites. Other websites may have links to the Experian Website. Experian makes no representations or warranties about any third party website that You may use or access through the links. By enabling a link to or from those websites, Experian does not endorse, adopt, or otherwise accept any responsibility for the content, control or, or use of those websites. Other websites are governed by their own terms and conditions.
I. Services. Experian is making certain services available to You through the Website, including but not limited to the Commercial Intelliscore - a commercial credit risk score developed by Experian for use by lenders and other creditors, and when available, an Experian scoreing solution as further discussed below (“Services”). Services available on the Website may be changed at any time by Experian. See Website for list of currently available products and Services. You agree to pay the applicable fee, if any, for the Services that You order from Experian.
For more information about Your Commercial Intelliscore, or to see the full Experian report on Your business, please follow the links on the Website to http://Experian.com. If You have further questions regarding Your report or would like to dispute information, You may request an investigation by contacting an Experian representative.
Use the phone number listed on http://Experian.com, or use the online form, posted in the 'Help / Contact us' section at the top of http://smallbusiness.experian.com. Some Services are subject to additional terms and conditions, depending on the type of report provided. Some additional terms and conditions are included below and others may be provided to You during the ordering process. You agree to comply with all such terms and conditions when ordering and receiving the reports.
1. Your Experian Commercial Credit Score (“Experian Score”)
Analytical Data. In order to operate and improve Experian Score (or other Services using information from Linked Accounts), and for other related research purposes, Experian and its respective service provider(s) may compile data concerning Your financial account transactions. This compiled data may be used by Experian and its respective service provider(s) to conduct certain analytical research, performance tracking benchmarking, and analytics to provide benchmarking and analytics services to our clients.
Credit Score Changes May Vary. If made available in Your Service, the commerical Experian Score provides You with the ability to add non-traditional information, such as certain utility and mobile telecom bill payment history, to Your Experian credit file. While adding records of recurring deposit history to Your Experian credit file has the potential to positively impact Your Experian Commercial Credit Score based on Experian data, please note that results may vary and not all businesses may receive a positive impact to their Experian Score and Experian cannot guarantee or predict with certainty the amount of any score change. Some businesses may experience no change to their Experian Score, while a small percentage of businesses may experience a decline in their Experian Score. Due to the complicated methodology used to calculate credit scores, Experian is unable to provide You with details for why Your Experian Score did not change or decreased. You may immediately delete accounts added through Your Experian Score account at any time.
Not All Credit Scoring Models May Be Affected. Please note there are many different credit scoring models that can give a different assessment of Your credit rating and relative risk (risk of default) for the same credit report. Only the Experian commercial credit score may be positively impacted by Experian Score. Use of these Services and the Experian Score will not impact Your consumer credit reports or scores.
Inaccurate or Missing Payment Information. Accounts added to Your Experian commercial credit file using deposit history available from Your banking institution can be removed at any time through Your Experian Score account. If You want to correct any inaccurate or missing deposit information, please contact Your financial institution. You can add the account again later through Experian Score once Your bank has corrected the deposit information.
Ongoing Payment Tracking. Please note that Experian and its service providers(s), including Flowcast Inc., and other service provider(s) used to obtain Your account information, may monitor, review and validate Your financial account information on a recurring basis to validate continuous deposit history and accuracy of accounts added to Your Experian commercial credit file through the Experian Score service.
Minimum Payment History. While Experian Score can use up to twenty four (24) months of positive deposit data, certain banks, service providers payment platforms do not allow such length of payment history to be reported. Experian Score requires at least three months of deposit history from the same account in order to add an account to Your Experian commercial credit file.
Dormant Accounts and Missed Payments. Accounts added to Your Experian commercial credit file through the Experian Score service may be removed from Your Experian commercial credit file if we do not receive deposit data on the same account for three (3) or more months, which may result in a change in Your commercial credit score(s). To help prevent such removals, please ensure that all bank and service account credentials provided through the Experian Score service are accurate and up to date. Please note that Experian Score only adds positive deposit history to Your Experian commercial credit file. If three (3) months of positive payments on the same account are not reported, please note that the account may be deleted from Your Experian commercial credit file, which may result in a change in Your commercial credit score(s).
Right to Audit and Removal of Experian Score Added Accounts. Please note that Experian reserves the right to review at any time accounts added to Your Experian commercial credit file for accuracy and completeness, and remove any accounts it determines in its sole discretion to be false, inaccurate or incomplete ("Improperly Added Accounts"). If You are notified that Experian has removed an Improperly Added Accounts, please note that Experian reserves the right to prevent any future attempts to add such Improperly Added Account using Experian Score.
J. Additional Terms and Conditions.
Prohibited Uses: Customer agrees that it will not (and will not permit others) to:
- use 'robots' 'spiders', 'web crawlers' or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind;
- intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority;
- perform any action that could result in excessive usage that adversely impacts the performance of the Services for other users;
- use the Services in any way that violates this Agreement.
Sales tax: In certain jurisdictions, sales tax at state and local rates may apply, in which case You may be charged the applicable taxes (at the highest local rate in Your state) in addition to the monthly fee and/or price for the Services. The list of taxable states is available on the account registration page. We do not have an online method to claim tax exempt status. If You are tax exempt, You can apply to be exempted from paying sales tax on future purchases. Please FAX us Your completed and signed “State Sales Tax Exemption Form” to 610-525-5063 - Attention: Scott Wilkinson, Tax Claims. We'll notify You within 2 business days of Your account status. We cannot refund Your tax on previous purchases. Tax exempt organizations may file for a refund of taxes on previous purchases with Your state, using a receipt from us to show You have paid tax. We cannot assist You in filing these forms with Your state.
Waiver: The failure by Experian to require performance of any provision in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Experian of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.
Venue: These Experian Terms and Conditions will be governed by and construed in accordance with the internal substantive laws of the State of California, USA. The parties agree that the venue for any dispute arising out of the access to, or use by, Customer of any information or data provided by Experian shall be in Orange County, California, whether brought in federal or state court.
Trademark: Experian and the Experian products referenced in this site are either trademarks, service marks or registered trademarks of Experian Information Solutions, Inc. or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any Experian trademark may be made by You or any third party without express written consent of Experian. Elements of Experian's Website are protected by trade dress, trademark, unfair competition, patent and other laws and may not be copied in whole or in part.
Copyright in the Services and Website: The Services are the intellectual property of Experian. The Services are protected by copyright pursuant to United States copyright laws, international treaties and other copyright laws. The Services contain copyrighted material, trademarks, databases and other proprietary information of Experian, and others, including, without limitation, Experian's vendors and data licensee's which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, text, graphics, logos, button items, icons, images, data compilations, music and sound (collectively, “Proprietary Material”). Customer agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Experian. Reproduction of any Proprietary Material or other content, in whole or in part, is prohibited without prior written consent.
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