Terms of Service

Last Updated: April 25, 2024

From everyone at Authentive, thank you for using our services! We build them to help people and business establish trust and operate effectively.

Please read these Terms of Service and our Privacy Policy carefully because they govern Your use of Authentive Inc. Services, as defined below.

1. Definitions and interpretation

For the purposes of these Terms of Service:

2. Agreement to the terms of service

By using, accessing, or interacting with the Platform You agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, please refrain from visiting, using, accessing, or engaging with the Platform in any way. Unless You and Authentive have entered into a separate written agreement, these Terms of Service constitute the entire and exclusive agreement between You and Authentive regarding the use, access, and engagement with the Platform.

3. Services

The Services are designed to enable You to share a Snapshot of personal information (e.g., employment, payroll, income data, insurance data, tax information, financial information, etc.) with a Permissioned Party to provide the products, services, or insights (e.g., applications, employment screening, lending, etc.) You have requested from that Permissioned Party.

For such purpose, You use the Platform to access the third-party system(s) where Your personal data is stored or maintained (e.g. payroll institutions, financial institutions, tax agencies, etc). You preview and then authorize Authentive to compile and transmit a Snapshot of selected personal information to the Permissioned Party as directed and/or authorized by You under the terms of this Agreement. The Services include, but are not limited to, verification of income, employment, assets, insurance, and other related data.

Once the Snapshot is transmitted, all metadata used to create it is immediately and permanently deleted from the Platform. The Platform cannot update the Snapshot or access any personal information from you that is not included in the Snapshot.

4. Eligibility

The Platform and the Services offered through it are available only to individuals who are 18 years old or older. If 18 is not the age of majority in Your jurisdiction, You may use the Platform only if You review the Terms of Service with a parent or guardian and have them accept the Terms on Your behalf. Nonetheless, Authentive reserves the right to deny You full or partial access to the Platform without any obligation to provide a reason or notice.

5. Authorization

As required to provide Services to You, You authorize and instruct Us to compile and transmit Your: (a) non-public personal information, personal information, and/or highly restricted personal information about You as defined by the Gramm-Leach-Bliley Act; and (b) other personal information. By using the Platform, You acknowledge and agree that You are giving “written instructions” for Us to compile and transmit this information about You, and You authorize Us to access Your personal information to provide the Services.

6. Use and interaction with the Platform

By using the Platform You expressly (a) Confirm that all data accessed by You using the Platform belongs to, and is owned by You; (b) Confirm that You are authorized to access such data; (c) Consent that You are voluntarily selecting and sharing a Snapshot with us, for the purpose of transmitting to a Permissioned Party as instructed by You; (d) Allow Permissioned Parties on Your behalf and pursuant to Your instructions to update Your personal information data on the third-party platforms where such data is stored.

You affirm that You possess the legal capacity to grant this consent and comprehend its purpose. You commit to providing true, accurate, complete, and up-to-date information about yourself. If any information You submit is false, inaccurate, incomplete, or outdated, or if we suspect it to be so, we reserve the right to suspend or terminate Your use of our Platform.

You agree that we may contact You using any email address or phone number You provide to us in order to deliver the Service. You understand and agree that we may occasionally offer additional products, services, features, and/or functionality.

We grant You a revocable, non-exclusive, non-transferable, royalty-free, limited license to use our Platform during the term of this Agreement, subject to its terms and our policies. We may terminate this license at any time. Neither You nor any user shall have an implied license. We reserve all rights not expressly granted in this Agreement.

7. Permissioned Party use of Your information

You acknowledge and understand that Your Snapshot transmitted to Permissioned Parties is governed by Your relationship with those parties and their respective privacy policies in effect at that time. Therefore, Authentive recommends that You carefully review the privacy policy of each Permissioned Party with whom You have a relationship, as well as any agreements You have with them.

Moreover, Authentive is not responsible for the actions, omissions, or negligence of any Permissioned Party or third-party software where their information is stored, or any other third party. Authentive makes no representations about the content, accuracy, or completeness of the information, materials, and/or data provided by any Permissioned Party or third party, or about any products and/or services they offer.

8. Links to third party websites or resources

The Platform may allow You to access third-party websites or other resources. This access is provided for Your convenience, and we are not liable for the content, products, or services available from those resources or links found on such websites. You acknowledge that You bear sole responsibility and assume all risks associated with Your use of any third-party resources.

9. Privacy and data protection

We are committed to protecting Your privacy and ensuring Your data is secure. We implement industry-standard security measures to protect Your data from unauthorized access, disclosure, alteration, and destruction. For more details on how we handle Your personal information, please review our Privacy Policy.

10. Prohibitions

You agree not to engage in any of the following activities:

  1. Utilizing, displaying, mirroring, or framing any segment of the Platform, Authentive’s name, trademarks, logos, proprietary information, or the layout and design of any page or form on the Platform without obtaining explicit written permission from Authentive;
  2. Circumventing, disabling, removing, impairing, or otherwise interfering with any technological measures implemented by Authentive, its providers, or any third party (including other users) designed to protect the Platform;
  3. Trying to access or search the Platform, or download content from it, using any engine, software, tool, agent, device, or mechanism (such as spiders, robots, crawlers, or data mining tools) other than commonly available third-party web browsers;
  4. Employing any meta tags or hidden text that use Authentive’s trademarks, logos, URLs, or product names without explicit written consent from Authentive;
  5. Using the Platform for any commercial purposes or benefits to third parties not permitted by these Terms;
  6. Impersonating or misrepresenting Your affiliation with any person or entity;
  7. Breaking any applicable laws or regulations;
  8. Encouraging or enabling anyone else to do any of the above.

Given the global nature of the internet, You acknowledge and agree that it is Your responsibility to ensure that Your use of the Platform complies with all applicable local, international, and other laws. Additionally, United States import and export control laws, as well as the import regulations of other countries, may apply to Your use of the Platform. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology obtained through us, the Platform, or the Services in violation of such export or import laws, including, but not limited to, the U.S. Export Administration Regulations (EAR) and various United States sanctions programs.

11. Termination

We reserve the right to terminate or suspend Your access to the Platform for conduct that we believe violates these Terms or is harmful to other users of the Platform, us, or third parties. Upon termination, all rights granted to You under these Terms will cease immediately, and You must cease all use of the Platform.

12. Warranty disclaimers

THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Platform.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AUTHENTIVE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR PROVIDING THE PLATFORM WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUTHENTIVE OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. Governing law and forum choice

These Terms and any disputes arising from them will be governed by and construed according to the laws of the State of Delaware, without giving effect to any conflict of laws principles that might lead to the application of the laws of another jurisdiction. Any legal action or proceeding related to these Terms or the use of the Platform, including any content on the Platform, must be exclusively brought in the federal or state courts located in Delaware. The parties irrevocably consent to the personal jurisdiction and venue therein.

15. Prohibition of class and representative actions and non-individualized relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, IF ARBITRATION IS CHOSEN, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

16. Severability

If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect. Authentive’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision. No waiver of any such right or provision will be effective unless it is in writing and signed by a duly authorized representative of Authentive.

17. Feedback

We welcome feedback, comments, ideas, proposals, and suggestions for improving the Platform. If You choose to submit Feedback, You agree that we may use it freely without any restrictions or compensation to You.

18. Changes to the terms of service

We may update the Terms of Service in the future at our sole discretion. In the event of any updates or changes, we will post the revised Terms of Service on the Authentive website and update the date at the top of this page. If You continue to use, access, or engage with the Platform after we have posted the revised Terms of Service signifies Your acceptance of the changes. If You do not agree to the updated terms, please stop using, accessing, or engaging with the Platform.

19. Contact information

For any questions about these Terms, please contact us.