Terms | CreditKernel

Terms of Service

Effective Date: 6/21/2023

1. Acceptance of Terms of Service:

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) and CreditKernel LLC, operating as CreditKernel ("Kernel,", “Company”, "we," "us," or "our"). They govern your access to and use of the services provided through Kernel's website at www.creditkernel.com (the "Site"), as well as all web applications and other online and offline services associated with these Terms, including the Kernel credit rating model service ("Kernel Credit Service") (collectively, the "Service").

Please read these Terms of Service carefully before using the Service. By using the Service or clicking to accept or agree to these Terms of Service when prompted, you acknowledge and agree to be bound by these Terms of Service and our Privacy Notice. If you do not agree with these Terms of Service, you are expressly prohibited from using the Service and must discontinue use immediately.

The Service is intended for users who are eighteen (18) years of age or older. If you are not at least eighteen (18) years old, you must not access or use the Service.

2. Service Availability:

You may access and use the Service when it is available. While we strive for uninterrupted availability, there may be times when the Service is unavailable due to maintenance, changes, outages, or other reasons. We also have the right to modify, restrict, or block access to the Service, including features and content, at any time and without notice. We are not responsible for any unavailability of the Service and will not be liable to you for any period of unavailability.

3. Content:

The Service, including all its data, products, features, and content (collectively referred to as "CreditKernel Content"), is owned by CreditKernel or its licensors and protected by intellectual property laws. You may not commercially exploit or share the Service without authorization. You are not allowed to reproduce, distribute, modify, display, perform, or transmit any material on the Service, except as authorized. CreditKernel reserves the right to suspend or terminate your access if you violate these terms.

b) User Material: You are responsible for all User Material submitted to CreditKernel, the Site, any other Services and activity that occurs under your account. Your are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness, and intellectual property ownership or right to use your User Material.

c) Your Content: You may upload or transmit text, information, and content ("Your Content") through the Service. While you retain ownership, you grant CreditKernel a license to use Your Content for various purposes related to the Service. You represent that you have the necessary rights to grant this license and that Your Content does not violate any third-party rights or laws. CreditKernel may refuse to post or transmit Your Content and may remove it if it violates these terms.

d) Systems Data: Systems Data, including de-identified or aggregate data related to your use of the Service, remains the exclusive property of CreditKernel. CreditKernel may use Systems Data for various purposes, such as promoting the Service, evaluating its efficiency, and enhancing its products or services. Systems Data may be shared in aggregate or statistical form without notifying or sharing it with you.

e) Feedback: Any feedback, suggestions, or ideas you provide through the Service ("Feedback") may be used by CreditKernel. While you retain ownership of the Feedback, you grant CreditKernel a license to use, reproduce, distribute, modify, and exploit it for any purpose.

4. Disclaimer:

The Service is an analytical tool for the estimation of creditworthiness and does not offer legal, tax, real estate, investment, or financial advice. You are responsible for conducting your own research and making decisions regarding legal, tax, real estate, financial, and investment matters. The Service should be used as one part of a comprehensive analysis or educational process, alongside other tools, and information sources. You should not rely solely on the Service, and the company will not be held liable for decisions or actions based on information obtained through the Service. Always consult with relevant advisors before implementing any legal, tax, financial, or investment decisions. The Service is not intended to provide specific advice and the calculations and data presented are for illustrative purposes, not guaranteed accuracy for any specific situation or dataset.

5. Payment and Fees:

The Company may charge fees for certain Service features, and if you choose to subscribe to those features, you must pay the applicable fees as stated on the Sites. The Company can change its pricing and introduce new charges, which will be notified to you via email or posted on the Sites. By using the Service after receiving such notification, you accept any new or increased charges. For subscription products, the Company accepts specific credit cards and will automatically charge your selected card for all applicable fees on a recurring basis (one-time, monthly, or yearly) until you or the Company cancels your account. Subscription fees are fully earned upon payment, and there are no refunds or credits for partially used periods. One-time Service fees, if applicable, are also non-refundable unless otherwise stated on the Site. Failure to pay fees may result in account access being revoked. You must provide accurate and current information for monetary transactions and are responsible for all charges incurred using your payment method. You agree to pay any applicable taxes related to transactions. If your card expires, you authorize the Company to continue billing it and remain responsible for any outstanding amounts. It is your responsibility to keep your contact and payment information up to date.

6. Refunds:

You can cancel your Company account anytime, but there are no refunds for cancellation unless otherwise specified. If you cancel during a billing cycle, you'll retain access for the rest of that cycle. If your account is suspended or terminated due to a breach of the agreement, no refunds or exchanges will be given for unused time, subscription fees, account data, or any other aspects of the service.

7. Cancellations:

Your Company account remains active until you cancel or we terminate it. To avoid being charged for the next billing cycle, you must cancel your subscription-based account before it automatically renews each month or year (depending on your selected account type). To cancel service, provide written notice, no less than 15 days prior to the end of the next billing cycle, to support@creditkernel.com

8. CreditKernel Service:

The CreditKernel Service relies on User Inputs to display content and information. However, CreditKernel does not guarantee the accuracy or legality of these inputs, nor is it responsible for any decisions made based on them. CreditKernel holds no liability for User Inputs or any content generated by the CreditKernel Service as a result. You understand that the CreditKernel Service and its displayed information are for informational purposes only. CreditKernel does not guarantee the completeness, legality, accuracy, or timeliness of the service or its content. It does not provide financial or investment services or advice. Therefore, you agree not to rely soley on the CreditKernel Service for making financial or investment decisions. If you choose to use it for such purposes, you do so at your own risk and should exercise independent judgment. You acknowledge that the CreditKernel Service does not address individual financial objectives, situations, or needs. It does not establish an advisory, broker, or fiduciary relationship.

We may offer a free trial period for CreditKernel (Demo Service). By choosing the Demo Service, you acknowledge that CreditKernel provides no warranties or liability, and all risks associated with using the Demo Service are your responsibility.

9. User Rules and Conduct:

The Service provided should only be used for lawful business activities and not for any prohibited purposes. You are responsible for all your actions on the Service and must not engage in activities such as infringing intellectual property rights, posting unlawful or offensive content, spamming, unauthorized commercial activities, or impersonation. Furthermore, you must not overload the Service, interfere with its proper functioning, bypass security measures, or use automated processes to access the Sites, online, or offline applications. You are prohibited from deciphering, modifying, copying, transferring, reverse engineer or otherwise attempt to derive any source code any part of the Service or Sites without written permission. Compliance with applicable laws and regulations is required. The Company reserves the right to remove any data or content from the Sites or Service without notice or reason.

10. Third Party Sites:

The Service may include links to other websites for your convenience. When interacting with these linked sites, your transaction is not with CreditKernel, so it's important to review their terms of use and privacy notice before proceeding.

b) CreditKernel may utilize third-party services, software, or applications to provide the Service. You must comply with the applicable terms and not cause CreditKernel to breach any third-party licenses. CreditKernel will not be liable for any unavailability or inability to use such third-party services, software, or applications.

c) The Service may feature third-party content (Third Party Materials), for which CreditKernel assumes no responsibility. CreditKernel does not guarantee the accuracy, legality, or quality of these materials, and will not be held liable for them.

d) CreditKernel’s inclusion of links, use of third-party services, software, or applications, and provision of Third Party Materials does not indicate endorsement. The providers of these third-party resources may be entitled to enforce these Terms of Service as third-party beneficiaries.

11. Copyright Infringement:

If you believe that your copyright has been infringed upon in the Service, you can notify our designated Copyright Agent listed below.

Email Address: support@creditkernel.com

Our Agent will investigate the complaint and if we determine that the material violates the law, we will remove or disable access to the material and notify the person who posted it that the material has been removed or disabled.

To report copyright infringement, please provide the following information:

(i) a description of the copyrighted work being infringed;

(ii) a description and location of the infringing material;

(iii) your contact information including address, phone number, and email address;

(iv) a statement affirming that you believe in good faith that the material is unauthorized by the copyright owner or the law;

(v) a statement, signed under penalty of perjury, that the information provided is accurate and that you have the authority to enforce the copyrights; and

(vi) a physical or electronic signature of the copyright owner or their authorized representative.

Please ensure that all required information is included to avoid delays in processing your complaint.

12. Warranties:

Company does not guarantee the reliability, accuracy, or legality of the content accessed through the Sites and will not be held responsible for any consequences resulting from its use. You should independently verify the information you access. The Service, including all content, is provided "as is" and without warranties of any kind, whether express or implied. Company and its affiliates do not warrant that the Service will be secure, uninterrupted, error-free, or free from viruses. Your use of the Service is at your own risk. The Internet and electronic communications may have inherent limitations and delays, and Company is not liable for any resulting damage or delivery failures. Some states may not allow limitations on implied warranties, so certain limitations mentioned may not apply. Company is not responsible for the privacy or security of email addresses, registration information, or any other content stored or transmitted through the Service.

13. Limitations of Liability:

You agree that CreditKernel, its directors, employees, partners, affiliates, suppliers, and agents will not be liable for any special, incidental, punitive, consequential, or similar damages, including lost profits, privacy or data loss, or failure to fulfill any duty, arising from these Terms of Service or the Service. This limitation applies regardless of whether CreditKernel was advised of the possibility of such damages, and regardless of fault or legal basis, such as negligence or misrepresentation.

If CreditKernel is found liable, its total liability to you or any third party is limited to either the fees you have paid to CreditKernel in the twelve months prior to the cause of action, or $100 USD, whichever is greater. Any claim you have against CreditKernel must be filed within one year after the claim arises, or it is permanently barred. The damage exclusions and limitations of liability stated in these Terms of Service apply even if a remedy fails its essential purpose.

14. Indemnity:

You agree to defend, indemnify, and hold CreditKernel and its affiliates, officers, directors, employees, and representatives harmless from any losses, damages, liabilities, claims, or expenses arising from:

(1) Your Content.

(2) Your use of the Service.

(3) Your breach of these Terms of Service.

(4) Your infringement of a third party's rights, including intellectual property rights.

(5) Unauthorized use of your account.

(6) Disputes with other users, and

(7) Any harmful acts towards other users.

We reserve the right to assume exclusive defense of any matter you are required to indemnify, and you agree to cooperate with our defense. We will notify you of any indemnifiable claims within a reasonable time.

15. Amendments:

We have the right to make changes to these Terms of Service at any time, and such changes will be effective immediately upon posting. By continuing to use the Service after we have posted revised Terms of Service, you are indicating your acceptance and agreement to the updated terms. We recommend checking these Terms of Service regularly for any updates.

16. Controlling Law:

These Terms of Service shall be construed under the laws of the State of Texas, USA.

17. Copyright and Trademark Notice:

18. Entire Agreement:

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.