Terms of Use

Effective Date: October 25, 2025

Welcome to Giving Credit.

These Terms form a binding agreement between you (“User” or “you”) and Giving Credit, Inc. (“Giving Credit,” “we,” “us,” or “our”). If you are using the Platform as or on behalf of a business, organization, or other entity (each, a “Customer” or “Partner”), all references to “you” include both that entity and any individual acting on its behalf.  

These Terms govern your access to and use of the Giving Credit proprietary web-based software platform and related functionality, tools, services integrations and support (collectively, the “Platform”). The Platform is accessible through standard web browsers; Giving Credit does not offer a native mobile app. By using the Platform, you agree to these Terms and to the Giving Credit Privacy Policy, which is incorporated by reference into these Terms, each as updated from time to time. If you do not agree, you may not use the Platform.

If you are a business or enterprise customer that has executed a Giving Credit Platform Services Agreement or other written agreement with Giving Credit (each, a “Platform Agreement”), that Platform Agreement will control in the event of any conflict with these Terms. These Terms supplement, and are intended to work together with, any applicable Platform Agreement and the Giving Credit Privacy Policy. For clarity, “User Content” (as defined below) includes all “Partner Data” submitted under a Platform Agreement.

Giving Credit’s role is limited to providing the technology and data infrastructure that allows users to record, track, and analyze credit-related activity. Giving Credit does not originate, fund, broker, or collect credit. When Giving Credit compiles or furnishes consumer report information, it does so only with user authorization and as permitted under the Fair Credit Reporting Act (“FCRA”).

References in these Terms to “loans” or “credit” include any other financial arrangements tracked through the Platform.

These Terms apply to all users of the Platform, whether accessing the Platform as a Lender, Borrower, or otherwise. Certain features or programs—such as loan tracking, peer-to-peer credit reporting, rewards, or partner integrations—may be subject to additional product-specific terms or service schedules that supplement and form part of these Terms. 

If you are using the Platform on behalf of a business, organization, or other entity, you represent and warrant that you are authorized to accept these Terms on that entity’s behalf and that all references to “you” in these Terms include that entity.

Important: Section 13 of these Terms contains an arbitration agreement and a class action waiver. These provisions affect how disputes are resolved. Please read them carefully before using the Platform.

By creating an account, clicking “I Agree,” or otherwise accessing or using the Platform, you confirm that you have read and understood these Terms and agree to be bound by them.

  1. License and Use of Platform 

    1.1 License. Giving Credit provides access to the Platform, including software, data, and functionality that enable users to record, track, and manage lending, repayment, and similar financial activities. Giving Credit grants you a limited, non-exclusive, non-sublicensable, and revocable license to use the Platform for its intended purpose, subject to these Terms.

    1.2 Compliance. As used here, “Consumer Report” and “Permissible Purpose” have the meanings given to those terms in the Fair Credit Reporting Act (“FCRA”) (15 U.S.C. § 1681 et seq.). Giving Credit remains responsible for compliance with its own obligations under applicable data protection, financial privacy, and consumer reporting laws, including the FCRA when it acts as a consumer reporting agency. You are responsible for compliance with all laws applicable to your own lending, credit, or data-use activities. To the extent you access or use the Platform to obtain, furnish, or use a Consumer Report (as defined in the Fair Credit Reporting Act, 15 U.S.C. §1681a), you represent and warrant that you have a Permissible Purpose under 15 U.S.C. §1681b and that you will use any such Consumer Report only for that certified purpose and in compliance with all notice, disclosure, and adverse-action requirements under the FCRA and applicable state analogs.

    1.3 Integrations. The Platform may include optional integrations with third-party applications, including payment processors such as Checkbook.io, to facilitate payments and settlements. Giving Credit’s relationship with such processors is limited to enabling secure data transfer; Giving Credit does not hold, control, or transmit funds.  See Section 9 (Payments Program) below.

    1.4 Subcontracting. Giving Credit may use its affiliates or other sufficiently qualified subcontractors to provide the Platform to you, provided that Giving Credit remains responsible to you for the performance of the Platform.

    1.5 No Money Transmission or Custodial Services. Giving Credit does not receive, hold, or transmit customer funds, and is not a money services business, money transmitter, escrow agent, or fiduciary. All payments and settlements initiated through the Platform are processed solely by third-party Payment Processors such as Checkbook.io, as further described in Section 9.

    1.6 Changes to this Agreement; Modifications to Platform. Giving Credit may change this Agreement at any time and from time to time. For example, we might change this Agreement if there are changes to the Platform, applicable laws, or for other reasons. If we do that, we will give you notice of the updated Agreement through the Platform. Any changes will become effective immediately after they are posted and will apply to your use of the Platform after the changes become effective, except that changes addressing modifications to the Platform or new functions or changes made for legal reasons may be effective immediately, with or without notice to you. Your continued use of the Platform after this Agreement has changed means that you accept those changes. If you do not agree to any changes, you cannot continue using the Platform. We may discontinue, temporarily or permanently, the Platform or any part of the Platform, or otherwise change the Platform with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

    2. User Responsibilities

    2.1 Account Responsibility. You are responsible for all activity that occurs under your account, for keeping your login credentials secure, and for ensuring that any information you submit through the Platform is accurate, complete, and lawful. Giving Credit is not responsible for any loss or damage resulting from your failure to protect your credentials. If you believe your account has been accessed without authorization, you must promptly notify Giving Credit at support@givingcredit.org. Giving Credit may suspend access to preserve system integrity while investigating any potential unauthorized use.

    2.2 Acceptable Use. Giving Credit may monitor usage for security and compliance purposes, including detection of fraud or misuse. You agree not to use the Platform:

  • to engage in any unlawful, fraudulent, misleading, or abusive conduct;

  • to interfere with or disrupt the Platform or its security features;

  • to send bulk, unsolicited, or deceptive communications;

  • to reverse engineer, copy, or create derivative works of the Platform except as expressly permitted by these Terms; or

  • to use the Platform in a way that infringes or misappropriates any third-party rights.

2.3 Regulatory Cooperation. Giving Credit may monitor activity on the Platform to detect fraud, misuse, or potential violations of law. You agree to cooperate reasonably with Giving Credit in any investigation, regulatory inquiry, or examination relating to your use of the Platform, provided that Giving Credit will not disclose your Confidential Information except as required by law or regulator request.

3. Legal Compliance

3.1 Fair Credit Reporting Act. Giving Credit will comply with its own obligations as a consumer reporting agency when it assembles, evaluates, or furnishes Consumer Reports. When you access, furnish, or use consumer-report information through the Platform, you must comply with the Fair Credit Reporting Act (“FCRA”) (15 U.S.C. § 1681 et seq.) and any analogous state laws. This includes:

  • obtaining the consumer’s written authorization before accessing any Consumer Report;

  • certifying to Giving Credit that you have a Permissible Purpose under 15 U.S.C. § 1681b and will use the information only for that purpose;

  • maintaining reasonable procedures to ensure the accuracy and security of consumer data; and

  • providing all required notices of adverse action under 15 U.S.C. § 1681m when applicable.

    3.2 Third-Party Services. The Platform may include integrations with third-party services or data sources. Giving Credit does not control and is not responsible for any third-party sites, content, or services, including payment processors such as Checkbook.io. Your use of those services is governed by their own terms and privacy policies. Giving Credit’s role is limited to enabling secure data transfer and reporting; Giving Credit does not process or hold funds.

    3.3 Interactions with Other Users. You are solely responsible for all interactions and transactions with other users. You acknowledge and agree that Giving Credit does not have an obligation to verify any content or other information provided by users on the Platform. Giving Credit may offer various forums which allow you to interact with other users in various ways Giving Credit also enables sharing of information by allowing users to post content and information, including links and other information. Pursuant to the license granted by you above, Giving Credit may grant other users of the Platform access and share rights to your Content in accordance with this Agreement, your settings and the nature of your connection with such other users. Additionally, Giving Credit is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the content or any other information provided by other users or any other third party. You agree that you are solely responsible for your interactions or transactions with any other user of or through the Service, including without limitation verifying the identity of such user or using or relying on any information or content provided to you by another user of the Service, or that you provide to another user of the Service or any third party, and Giving Credit will have no liability or responsibility with respect thereto. Giving Credit reserves the right, but has no obligation, to become involved in any disputes between you and any other user of the Service.

    3.4 Compliance with Financial Privacy and Data-Security Laws. Giving Credit maintains administrative, technical, and physical safeguards consistent with the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and the FTC Safeguards Rule (16 C.F.R. Part 314). You agree to implement reasonable security measures for data you obtain through the Platform and to comply with any applicable financial-privacy obligations governing your own activities.

    4. Content, Data, and Intellectual Property

4.1 User Content. “User Content” means any information, personally identifiable information, data, text, files, or other materials that you upload or submit through the Platform. By submitting or uploading any content or data through the Platform, you grant Giving Credit a non-exclusive license to use that content as necessary to operate, maintain, and improve the Platform. You retain ownership of your User Content and represent and warrant that you have all rights necessary to submit it and to grant this license. Giving Credit does not claim ownership of your User Content and will handle it in accordance with these Terms and the Privacy Policy.

4.2 Data Ownership. You retain all right, title, and interest in and to your User Content. Giving Credit retains all right, title, and interest in and to the Platform, software, analytics, and aggregated or de-identified data derived from Platform activity. Aggregated or de-identified data will not identify you and may be used for analytics, research, and product development consistent with applicable law and the Privacy Policy.

4.3 Aggregated and Analytical Data. Giving Credit may collect and use aggregated, anonymized, or de-identified data derived from activity on the Platform for analytics, research, product development, and other lawful business purposes. To the extent any data constitutes consumer-report information under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), Giving Credit will use, disclose, and furnish such data only as permitted by law and consistent with its Privacy Policy.

4.4 Platform Ownership and Intellectual Property. Giving Credit and its licensors own all intellectual-property rights in the Platform, software, designs, logos, and related materials. 

4.5 Feedback. If you submit ideas, suggestions, or feedback about the Platform, you grant Giving Credit a perpetual, royalty-free license to use and incorporate that feedback for any lawful business purpose without obligation to you.

4.6 Open Source and Third-Party Components. Certain software components included in the Platform may be subject to open-source or third-party license terms. You agree to comply with all such licenses, which govern your use of those components to the extent they apply.

4.7 Accuracy and Dispute Procedures. If Giving Credit acts as a consumer reporting agency and you furnish data to it, you agree to cooperate promptly in any consumer dispute investigation under 15 U.S.C. § 1681i and to correct or delete any information found to be inaccurate, incomplete, or unverifiable.

5. Platform Maintenance and Updates

5. 1 Platform Maintenance and Updates. Giving Credit may perform maintenance, upgrades, or updates to the Platform at any time. These activities may result in temporary unavailability of the Platform. Giving Credit will use reasonable efforts to schedule planned maintenance during off-peak hours and to minimize disruption. Giving Credit may modify or enhance features, functions, or content of the Platform from time to time, provided that such changes do not materially reduce overall functionality. Giving Credit is not obligated to provide any particular feature, improvement, or customization unless expressly agreed in writing.

5. 2 Support. Giving Credit provides reasonable technical support for the Platform via email or other channels specified on its website. Support is limited to troubleshooting and general operational guidance. Giving Credit does not offer service-level guarantees, dedicated response times, or on-site support unless separately agreed in writing. Users are responsible for maintaining their own internet access, equipment, and compatible browser required to use the Platform.

6. Warranties And Disclaimers

6.1 Performance. Giving Credit will provide the Platform in a professional and workmanlike manner consistent with applicable law. However, Giving Credit does not guarantee that the Platform will be uninterrupted, timely, secure, or error-free. No specific service levels, uptime commitments, or remedies apply unless expressly set forth in a separate written agreement. Giving Credit will maintain a written information-security program and incident-response plan consistent with industry standards and Applicable Consumer Financial Laws. Giving Credit will notify you without undue delay of any confirmed unauthorized access to User Content or Partner Data in its possession.

6.2 No Additional Warranties. Except as expressly stated in these Terms, the Platform is provided “as is” and “as available.” To the maximum extent permitted by law, Giving Credit and its affiliates disclaim all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Giving Credit does not warrant that the Platform will meet your requirements or that any data or results will be accurate or reliable.

6.3 Compliance and Third-Party Services. Giving Credit’s responsibilities under applicable laws—such as the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and the Gramm-Leach-Bliley Act—apply only to the extent Giving Credit acts as a consumer reporting agency or is otherwise subject to those laws. The Platform may integrate or interoperate with third-party services, including Checkbook.io for payments.

6.4 No Fiduciary or Escrow Relationship. Your use of the Platform, including any funds transfer or data-exchange feature, does not create any fiduciary, custodial, escrow, or trust relationship between you and Giving Credit. Giving Credit’s role is limited to providing technology and data infrastructure. 

7. Indemnification

7.1 Mutual Indemnification. Each party (the “Indemnifying Party”) will defend, indemnify, and hold harmless the other party and its affiliates, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any third-party claim, demand, action, or proceeding (“Claim”) to the extent arising out of or relating to: (a) the Indemnifying Party’s material breach of these Terms; (b) the Indemnifying Party’s violation of applicable law; or (c) the Indemnifying Party’s negligence or willful misconduct.

7.2 Customer Indemnification. You will additionally defend and indemnify Giving Credit and its Indemnified Parties from and against any Claim arising out of or relating to:
(a) your lending, credit, or data-sharing activities, including any failure to obtain necessary consents or to comply with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), state consumer-reporting laws, or other financial-services regulations;
(b) your use or misuse of the Platform or any data obtained through them; or
(c) your Content or data, including any allegation that such Content infringes or misappropriates a third-party right or violates privacy, publicity, or consumer-protection laws.

7.3 Giving Credit Indemnification. Giving Credit will defend and indemnify you and your Indemnified Parties from and against any Claim that the Platform, as provided by Giving Credit, infringe or misappropriate any third-party intellectual-property right, except to the extent the Claim arises from (a) your modifications or combination of the Platform with materials not provided by Giving Credit, or (b) your failure to use updated versions that would have avoided the infringement. If such a Claim is made or appears likely, Giving Credit may, at its option and expense, (i) procure the right for you to continue using the Platform, (ii) replace or modify the Platform so they are non-infringing, or (iii) terminate the affected portion of the Platform and refund any prepaid fees for the terminated portion.

7.4 Indemnification Procedure. The Indemnified Party will promptly notify the Indemnifying Party of any Claim for which it seeks indemnification and will cooperate reasonably in the defense. The Indemnifying Party will have sole control of the defense and settlement of the Claim, provided that it may not settle any Claim without the Indemnified Party’s prior written consent if the settlement (a) admits liability on the part of the Indemnified Party, (b) imposes any obligation other than payment of money fully covered by the Indemnifying Party, or (c) fails to include a full release of the Indemnified Parties. The Indemnified Party may participate in the defense at its own expense with counsel of its choosing.

8. Fees and Payments

8.1 Fees. If you purchase any paid services, you agree to pay all applicable fees set forth presented through the Platform or as otherwise agreed by separate written agreement signed by you and Giving Credit. All fees are due in U.S. dollars and are non-refundable except as expressly stated in these Terms.

8.2 Invoicing and Payment Method. Giving Credit may invoice you or charge your designated payment method automatically, depending on how you subscribed or were onboarded. You authorize Giving Credit or its payment processor to charge your payment method for all applicable fees as they become due. You are responsible for keeping all billing information current and accurate. If your payment method fails or any invoice remains unpaid, Giving Credit may suspend or terminate your access to the Platform until payment is received. Late payments may accrue interest at 1.5% per month (or the maximum rate permitted by law, if lower).

8.3 Regulatory Holdback. If a charge is disputed because of a regulator-mandated hold or freeze, Giving Credit may suspend related transactions until the matter is resolved without incurring liability. You remain responsible for all undisputed amounts due during the review period. 

8.4 Taxes and Withholding. All fees are exclusive of taxes unless expressly stated. You are responsible for sales, use, value-added, or similar taxes imposed on your use of the Platform other than taxes based on Giving Credit’s net income.

8.5 Disputed Charges. If you believe a charge is incorrect, you must notify Giving Credit in writing within 30 days after the charge is posted. Failure to notify within that period will constitute your acceptance of the charge. The parties will work in good faith to resolve any disputed amounts, and any undisputed portion must still be paid when due.

8.6 Changes to Fees. Giving Credit may change its pricing or fee structure upon at least 30 days’ advance notice, which may be provided by posting an update on the Platform or sending an email notification. Fee changes will not apply retroactively and will become effective at the start of your next billing cycle unless otherwise agreed in writing.

9. Payments Program

9.1 Overview. The Platform includes functionality that enables users to initiate payments, transfers, or settlements in connection with loans, credit, or other financial arrangements. Giving Credit provides only the technology that connects you to a third-party payment processor and does not receive, hold, or transmit customer funds. Giving Credit is not registered as a money services business or money transmitter under federal or state law and does not provide money-transmission services to Users. All payment processing occurs through licensed Payment Processors such as Checkbook.io acting as processor of record.

9.2 Third-Party Processor (Checkbook.io). Payments are processed by Checkbook Inc. (“Checkbook”) or another authorized third-party payment processor (each, a “Payment Processor”). Your use of these features is subject to the Payment Processor’s own terms of service and privacy policy, which govern your relationship with that processor.
Giving Credit is not a party to your agreement with the Payment Processor and is not responsible for the acts or omissions of any Payment Processor. You acknowledge that Checkbook.io and other Payment Processors are independent contractors and not agents of Giving Credit. Giving Credit is not liable for any delay, reversal, ACH return, chargeback, or other loss arising from a Payment Processor’s acts or omissions, except to the extent caused by Giving Credit’s gross negligence or willful misconduct.

9.3 Authorization to Transmit Payment Information. By using payment functionality, you authorize Giving Credit to transmit payment instructions and related data—such as recipient details, payment amounts, and transaction references—to the applicable Payment Processor for the purpose of facilitating the transaction. Giving Credit may also receive limited status information from the Payment Processor to reconcile transactions and maintain records. Giving Credit does not guarantee successful or timely completion of any payment once transmitted to a Payment Processor.

9.4 User Obligations. You are solely responsible for: ensuring that all payment information you provide is accurate and authorized; maintaining sufficient funds or credit with your financial institution to complete transactions; and resolving any disputes, chargebacks, or reversals directly with the Payment Processor or the counterparty to the transaction. You acknowledge that your participation in any lending or repayment activity through the Platform is governed by your separate arrangements with other users and is not managed or guaranteed by Giving Credit.

9.5 Compliance and Recordkeeping. Giving Credit and its Payment Processors comply with applicable financial-privacy, data-security, and consumer-protection laws. Giving Credit will transmit or store payment-related information only as permitted by law and in accordance with its Privacy Policy. To the extent payment activity involves data regulated by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), Giving Credit will handle such data solely for lawful reporting and recordkeeping purposes and only with user authorization.

9.6 Audit and Records. Giving Credit may retain and review records of payment instructions and status data to comply with its regulatory obligations and for audit purposes. You must retain your own records of transactions for at least five (5) years or as otherwise required by law.

9.7 Limitation of Liability for Payment Processing. Giving Credit’s obligations under this Section 10 are limited to the secure transmission of payment data to the Payment Processor. Giving Credit is not responsible for delays, errors, or losses arising from a Payment Processor, financial institution, or network provider. Your sole recourse for any payment-processing issue lies with the Payment Processor or your financial institution.

10. Limitation of Liability

10.1 General Limitations. To the maximum extent permitted by law, neither Giving Credit nor its affiliates, officers, directors, employees, agents, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses arising from or related to your access to or use of (or inability to use) the Platform, even if Giving Credit has been advised of the possibility of such damages.

10.2 Aggregate Cap. Giving Credit’s total cumulative liability for all claims arising out of or relating to these Terms or the Platform will not exceed the greater of (a) one thousand U.S. dollars (US $1,000) or (b) the total fees you paid to Giving Credit for the services during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or otherwise.

10.3 Carve-Outs and Essential Basis. The limitations in this Section do not apply to (i) your indemnification obligations under Section 7, (ii) either party’s liability for its gross negligence, fraud, or willful misconduct, or (iii) Giving Credit’s liability for breach of its confidentiality or data-security obligations under Section 12 to the extent such breach results in unauthorized disclosure of User Content or Partner Data. These limitations form an essential basis of the bargain between you and Giving Credit, and the Platform would not be provided without them.

10.4 Third-Party Services and Processors. Giving Credit is not responsible for any acts, omissions, or failures of third parties, including Payment Processors, banks, communications networks, or other service providers, even when integrated into the Platform. Any recourse for payment or data-processing issues must be sought directly from the applicable third party, except to the extent caused by Giving Credit’s gross negligence or willful misconduct.

10.5 Compliance and Regulatory Matters. Nothing in these Terms limits Giving Credit’s obligations or your rights under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), the Gramm-Leach-Bliley Act, or other non-waivable consumer-protection laws to the extent those statutes apply. To the extent permitted by law, Giving Credit’s liability for any violation of such laws is limited to the actual damages permitted under the applicable statute.

11. Suspension and Termination

11.1 By Giving Credit. Giving Credit will use reasonable efforts to provide advance notice of suspension or termination when practicable and permitted by law. Giving Credit may suspend or terminate your access to the Platform, in whole or in part, if

  • you materially breach these Terms and fail to cure the breach within a reasonable period after notice;

  • continued use of the Platform would be unlawful or create a material risk to Giving Credit or its users; or

  • suspension or termination is required by a regulator, Payment Processor, or other third party under applicable law or network rules.

11.2 By You. You may terminate your account or subscription at any time by providing written notice to Giving Credit. Termination does not relieve you of any payment obligations incurred before the effective termination date.

11.3 Effect of Termination. Upon termination, your right to access the Platform will immediately cease. Giving Credit will delete or deactivate your account credentials and may delete related User Content and Partner Data from active systems, subject to Section 12 (Confidentiality and Data Protection). The following provisions will survive termination: Sections 4 (Content and Data), 6 (Warranties and Disclaimers), 7 (Indemnification), 8 (Fees and Payments), 9 (Payments Program), 10 (Limitation of Liability), 11.3 (this Section), 12 (Confidentiality and Data Protection), 13 (Dispute Resolution and Arbitration), and 14 (Miscellaneous).

11.4 Wind-Down Access. If your access is terminated for any reason other than breach, Giving Credit may, in its sole discretion, provide reasonable read-only access to your data for up to thirty (30) days following termination (the “Wind-Down Period”) to permit orderly completion of your internal records or reporting. During that period, all confidentiality and data-security obligations continue to apply. Giving Credit has no obligation to maintain data beyond the Wind-Down Period unless required by law.

11.5 Regulatory or Legal Retention. Giving Credit may retain copies of account records, transaction data, and audit logs as necessary to comply with law, respond to legal or regulatory requests, or resolve disputes. Such retained data remains subject to the confidentiality and data-security protections in these Terms.

11.6 Suspension for Security or Compliance Risk. Giving Credit may immediately suspend access without prior notice if necessary to protect system security, maintain compliance with law, or prevent fraud. Access will be reinstated promptly once the issue is resolved.

12. Confidentiality and Data Protection

12. 1 Confidential Information. “Confidential Information” means non-public business, technical, financial, or user data disclosed by one party to the other, whether in writing, orally, or by electronic means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Each party will protect the other’s Confidential Information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential Information may be disclosed only to employees, contractors, or service providers who have a legitimate need to know the information and who are bound by confidentiality obligations no less protective than those in this Section. Confidential Information does not include information that (a) is or becomes public through no breach of these Terms; (b) was lawfully known to the receiving party before disclosure; (c) is independently developed without reference to the disclosing party’s information; or (d) is lawfully obtained from a third party without restriction. A party may disclose Confidential Information if required by law, subpoena, or court order, provided it gives prompt notice (if legally permitted) and cooperates to limit disclosure.

12.2 Security and Safeguards. Giving Credit maintains administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of User Content, including: (a) access controls, authentication, and encryption in transit and at rest; (b) regular vulnerability testing and security reviews; and (c) incident-response and business-continuity procedures. These safeguards are consistent with the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and the FTC Safeguards Rule (16 C.F.R. Part 314), to the extent applicable. In accordance with applicable law, Giving Credit will notify you without undue delay after becoming aware of any unauthorized access to User Content on its systems and will take reasonable steps to mitigate the effects and prevent recurrence.

12. 3 FCRA Compliance. When acting as a consumer reporting agency under FCRA, Giving Credit will: (a) maintain reasonable procedures to ensure maximum possible accuracy of information; (b) furnish consumer-report information only for legally permissible purposes; and (c) investigate and correct disputed information consistent with 15 U.S.C. § 1681i. You are responsible for obtaining any required notices, authorizations, and consents from individuals whose information you submit through the Platform and for using any consumer information only for certified permissible purposes.

12.4 Borrower and User Data. You are responsible for obtaining any required notices, authorizations, and consents from individuals whose information you submit through the Platform. Giving Credit may use anonymized or aggregated data consistent with its Privacy Policy.

12.5 Data Retention and Deletion. Upon termination of your account or these Terms, Giving Credit will delete or return your User Content within ninety (90) days, except (a) as required by law or regulator, (b) to maintain audit or transactional records, or (c) as permitted by the Privacy Policy for aggregated or de-identified data. Any retained User Content remains subject to the confidentiality and security protections in this Section.

12.6 Survival. The confidentiality and data-protection obligations in this Section survive termination or expiration of these Terms for three (3) years, and indefinitely for trade secrets or any User Content retained under Section 12.4.

12. 7 Enterprise Users. If you are a business or enterprise customer operating under a separate Platform Agreement with Giving Credit, that agreement not these Terms governs Giving Credit’s collection, use, and retention of your business or partner data.

13. Dispute Resolution and Arbitration

13. 1 Governing Law. These Terms and any dispute or claim arising out of or relating to them are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except where federal consumer-protection or credit-reporting laws require otherwise.

13. 2 Arbitration Agreement. Except for individual claims that may be brought in small-claims court or requests for injunctive relief to prevent unauthorized use of the Platform or intellectual property, any dispute between you and Giving Credit will be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration may be conducted virtually or in Delaware before a single neutral arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.

13. 3 Class Action Waiver. You and Giving Credit agree that disputes will be resolved only on an individual basis. No class, collective, or representative actions are permitted in arbitration or in court.

13. 4 Opt-Out Right. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing support@givingcredit.org with the subject line “Arbitration Opt-Out.” Opting out will not affect any other part of these Terms.

14. Electronic Signatures and Communications

14. 1 Consent to Electronic Records. By using the Platform, creating an account, or clicking “I Agree,” you consent to receive and sign agreements, disclosures, and other communications from Giving Credit electronically, including by email or through the Platform. You agree that electronic signatures and records satisfy any legal requirements for written signatures and records under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state versions of the Uniform Electronic Transactions Act (UETA).

14.2 Electronic Delivery of Communications. You agree that Giving Credit may send all notices, disclosures, and other communications related to the Platform electronically, including through your online account, email, or other digital means. You are responsible for maintaining a valid email address and keeping your contact information current so that you can receive these communications.

14.3 Withdrawal of Consent. You may withdraw your consent to receive electronic records at any time by emailing support@givingcredit.org with the subject line “Withdraw Electronic Consent.” If you withdraw consent, Giving Credit may suspend or terminate your access to the Platform if electronic delivery is necessary to provide the Services. Withdrawal will not affect the legal validity of records previously delivered or signed electronically.

14. 4 Hardware and Software Requirements. To receive electronic communications, you must have (a) a device with Internet access; (b) a current web browser capable of 128-bit encryption; and (c) a valid email address. You confirm that you can access and retain electronic communications in these formats.

15. Miscellaneous

15.1 Entire Agreement. These Terms, together with the Giving Credit Privacy Policy and any other terms expressly referenced herein, constitute the entire agreement between you and Giving Credit regarding your use of the Platform and supersede any prior or contemporaneous understandings on the same subject. If you are a business or enterprise customer that has a separate Platform Agreement with Giving Credit, that agreement controls to the extent of any conflict with these Terms.

15.2 Changes to the Terms. Giving Credit may update these Terms from time to time. When material changes occur, we will notify you by email or through the Platform before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

15.3 Assignment. You may not assign or transfer these Terms without Giving Credit’s prior written consent. Giving Credit may assign its rights or delegate its obligations under these Terms without restriction, including to an affiliate or successor in interest.

15.4 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

15.5 Waiver. Failure by either party to enforce any provision of these Terms is not a waiver of future enforcement of that or any other provision.

15.6 Notices. All notices or other communications under these Terms must be in writing and are deemed given when sent by email to support@givingcredit.org or to the address associated with your account.

16. Contact

If you have questions about these Terms or the Platform, please contact Giving Credit at support@givingcredit.org.