BorrowerCheck™ – Supplemental Terms and Conditions
Last Updated December 16, 2025
These Supplemental Terms and Conditions (the “Supplement”) shall be incorporated by this reference and deemed part of each executed BorrowerCheck license agreement (if physically signed) and/or executed Terms of Service (if signed via an Order Form), between PointPredictive, Inc. (“Point Predictive”) and your company as “Customer” (in either or both instances, collectively, the “Agreement”), as of the Effective Date of each such Agreement. This Supplement amends and forms part of each Agreement. In the event of a material conflict between the Supplement and an Agreement, the Supplement shall control with respect to such conflict. Unless otherwise indicated, capitalized terms used herein but not defined herein have the meanings ascribed to them in the Agreement. This Supplement may be updated by Point Predictive from time to time upon reasonable notice (which may be provided through the BorrowerCheck service or by posting an updated version of this Supplement on PointPredictive’s main website and/or a successor website designated by PointPredictive).
This Supplement includes terms and conditions governing the use of certain Licensors’ products/services provided in conjunction with BorrowerCheck. “Licensor” means any third-party entity from which PointPredictive has obtained rights or license to access, use, distribute, process or sub-license certain data, information, software, services, or technology provided in connection with the BorrowerCheck Services.
Applicable to all BorrowerCheck customers (the “BC Terms”):
1. Restrictions on Permitted Use.
a. Customer represents, warrants, and covenants to Point Predictive that it is (and will remain throughout the Term of the Agreement) in the business of, among other things, providing auto lending services to consumers in the United States and will use and store BorrowerCheck Results solely within the United States.
b. Customer certifies that it is not an adoption search firm, pawn shop, private detective, detective agency, investigative company, alumni organization, bail bondsman, attorney or law firm, credit or financial counseling firm, credit repair clinic, condominium or homeowners association, convenience store, country club, news agency or journalist, diet center, dating service, foreign company or agency of foreign government, future services (i.e. health clubs, continuity clubs) company, genealogical research firm, for profit credit counseling firm, gun shop, hair salon, internet people locator service, judgment recovery entity, law enforcement agency, loan modification company, marketing company, massage service company, non-governmental agency associated with the collection of child support, restaurant, monthly subscription/club service, tattoo service, third party repossession/towing/impound service, video store, weapons dealer, unclaimed funds location service, or skip trace service for the general public. Customer also certifies that it will not resell the BorrowerCheck Results or seek to obtain BorrowerCheck Results for personal or non-business use.
c. Customer will use the BorrowerCheck Results solely for purposes of requiring (or avoiding) additional verification of consumer-provided information as part of Customer’s fraud and risk mitigation strategies permitted under the Gramm-Leach-Bliley Act and not for any “permissible purpose” under the Fair Credit Reporting Act.
d. Customer agrees that when accessing and using BorrowerCheck under the Agreement: (i) Authorized Users will only enter data into BorrowerCheck that is data related to Customer’s potential customers, (ii) Customer and each Authorized User will not copy, use or retain the BorrowerCheck Results for any purpose other than for the specific purpose specified herein, (iii) Authorized Users will only use Customer-authorized computers and devices when accessing BorrowerCheck, and (iv) the failure to abide by these requirements may result in civil or criminal penalties to Customer or Authorized Users individually.
e. Customer acknowledges that it will require Authorized Users to access and use BorrowerCheck under terms and conditions no less restrictive than Customer’s own policies and procedures, including acceptable use and information security policies, governing the access and use of personally identifiable information, and highly confidential information.
f. Customer will not alter the BorrowerCheck Results and will use the BorrowerCheck Results only as authorized in the Agreement. Customer waives all claims to any ownership right to the BorrowerCheck Results (including any data contained therein provided under license from a third party). Customer agrees not to disassemble, decompile, manipulate, or reverse engineer the BorrowerCheck Results. Customer will not further resell the BorrowerCheck Results. Customer shall maintain due diligence and information security procedures, which meet or exceed standard industry practice, to safeguard and secure the BorrowerCheck Results.
g. The BorrowerCheck Results may contain nonpublic personal information such as name, address, and Social Security number or information derived therefrom. Customer shall comply with Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (the “GLB Act”) and the implementing regulations and will not use or disclose any nonpublic personal information (“Information”) contained in the BorrowerCheck Results except in accordance with the GLB Act. Customer represents that it has established and maintains appropriate measures designed to ensure the security and confidentiality of the Information, to protect against any anticipated threats or hazards to the security or integrity of the Information and to protect against unauthorized access to or use of such Information.
h. Point Predictive’s third-party data providers are intended third party beneficiaries of these BC Terms and may enforce the provisions of these BC Terms directly as if they were a party hereto.
2. Audit.
Point Predictive and/or a Point Predictive representative shall have the right to audit Customer no more than once in any twelve-month period to verify Customer’s compliance with data workflows, the use case(s) and storage of BorrowerCheck Results. If Customer refuses to cooperate with an audit request or if Customer is found to be in breach of its obligations under the Agreement pursuant to an audit, Point Predictive may, in addition to any other remedies available to it, immediately suspend Customer’s access to BorrowerCheck, notwithstanding anything in the Agreement to the contrary. In the event that the audit request initiates with a third-party data provider, in addition to Point Predictive’s annual audit right specified above, Customer agrees to work with Point Predictive in good faith to supply such information requested by such third-party data provider, including, without limitation, requested documentation, within the timeframe required by such third-party data provider.
Applicable only if Customer is enabled to use the Document Verification Service (the “DVS Terms”)
The Document Verification Service is licensed for resale to Point Predictive by a Licensor.
1. Any content or information provided by Customer that may be used by Point Predictive to provide the Document Verification Service (“Customer Data”) is and will remain the property of Customer or its suppliers or licensors. Customer hereby grants Licensor a non-exclusive right and license to use and reproduce any content or information provided to Licensor (via Point Predictive) by Customer in connection with performance of Document Verification Service for Customer and to enhance Licensor’s products and services. Customer is responsible for obtaining all necessary rights to the Customer Data. Nothing in these DVS Terms restricts Licensor from collecting, using and analyzing general information and data from its customers (including Customer) for purposes of improving and enhancing the quality and nature of services offered by Licensor, or to market or publish general information and statistics, provided that Licensor does not specifically identify Customer or disclose any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing such information or data.
2. OBLIGATIONS OF CUSTOMER
a. Customer will not intentionally authorize, enable or engage in any unauthorized implementation of the Document Verification Service, including the use, display, syndication, sublicensing or delivery of the Document Verification Service to any third party unless approved in writing by Point Predictive.
3. LIMITED WARRANTY, LIMITED REMEDY, AND LIMITED LIABILITY
a. INDEMNIFICATION. CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR FROM ALL LOSSES, DAMAGES, COSTS (INCLUDING LEGAL FEES) AND EXPENSES INCURRED BY LICENSOR AS A RESULT OF ANY THIRD-PARTY CLAIM OR ACTION ARISING FROM OR RELATED TO CUSTOMER’S (I) BREACH OF ANY OF THE PROVISIONS OF THE DVS TERMS; OR (II) UNAUTHORIZED USE OF THE DOCUMENT VERIFICATION SERVICE.
b. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE DOCUMENT VERIFICATION SERVICE, EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, AND EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DVS TERMS, LICENSOR’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DOCUMENT VERIFICATION SERVCE, TERMINATION OR EXPIRATION OF THE AGREEMENT, OR ANY SALE OR USE OF, OR SUPPLY OR FAILURE TO SUPPLY, THE DOCUMENT VERIFICATION SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, FAILURE OF ESSENTIAL PURPOSE, TRADE USAGE, OR OTHERWISE, WILL IN NO CASE EXCEED TEN THOUSAND DOLLARS.
d. THE FOREGOING LIMITATIONS ARE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
4. The Licensor associated with the Document Verification Service is an intended third-party beneficiary of these DVS Terms and may enforce the provisions of these DVS Terms directly as if they were a party hereto.
5. SURVIVAL. The DVS Terms regarding data ownership and licensing, limitations of liability, indemnification, termination, and any existing payment obligations shall survive the expiration or termination of each Agreement for any reason. All other rights and obligations of the parties documented in this DVS Terms and applicable to an Agreement shall cease upon termination of the associated Agreement.
