End User / Consumer Terms & Conditions

These End User / Consumer Terms & Conditions (these "Consumer Terms") govern your access to and use of SimpleCheck-hosted forms, embedded widgets, prequalification flows, routing logic, connected communication channels, and related end-user or customer-facing interfaces (collectively, the "Consumer Pages") that are provided through SimpleCheck's platform (the "Service").

Who we are. The Service is provided by SimpleCheck, LLC, a Delaware limited liability company ("SimpleCheck," "we," "us," or "our").

Acceptance. By clicking "Submit," "Continue," or "I Agree," by checking a consent box, by responding to communications, or by otherwise using or interacting with a Consumer Page or customer-facing communication enabled through the Service, you agree to these Consumer Terms.

PLEASE READ THESE CONSUMER TERMS CAREFULLY. THESE CONSUMER TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 15 THAT AFFECT YOUR LEGAL RIGHTS.

1. Definitions

"Business" means the SimpleCheck customer (for example, the company, coach, practice, clinic, dealership, or organization) that created, configured, or enabled the Consumer Page or customer-facing communication you are using or interacting with.

"Consumer" means an end user, lead, prospect, contact, visitor, or other individual who uses a Consumer Page to submit information to, request services or information from, communicate with, respond to, or otherwise interact with a Business through the Service.

"Your Information" means the personal information you submit through, or that is collected, received, generated, or processed in connection with, a Business's SimpleCheck-hosted form, embedded widget, connected communication channel, customer-facing communication, or related workflow. This may include your name and contact details, information used to evaluate or route your inquiry, consumer report data where you have authorized it, communications, message content, conversation history, communication metadata, and related workflow metadata processed by SimpleCheck on the Business's behalf.

2. Relationship to the Business

2.1 The Business controls the relationship

The services, programs, communications, and related interactions you request or receive are with the Business, not SimpleCheck. The Business is solely responsible for:

• the services and programs it provides, including availability, pricing, quality, and fulfillment;
• the content of its pages, forms, notices, offers, messages, communications, and workflows; and
• complying with applicable laws relating to consumer reports, communications, messaging, consent, recording, privacy, email, SMS/MMS, telecommunications, anti-spam, and similar requirements.

No price, fee, or amount stated on this page or in any SimpleCheck agreement describes or applies to what the Business charges you. Any price, program cost, or payment terms are set solely by the Business and are a matter between you and the Business.

The Business may use optional features, such as routing, prequalification, scoring or enrichment, communication management, or connected-channel workflows, to prioritize, evaluate, assign, or respond to inquiries and communications. The Business controls how and why such features are used and remains responsible for providing required notices and complying with applicable law.

2.2 SimpleCheck is a platform provider

SimpleCheck provides the technology used to create and operate Consumer Pages, process submissions and prequalification workflows, and support related Business-authorized communications. SimpleCheck is not a party to any agreement between you and the Business, does not provide the Business's services, and is not responsible for the Business's acts, omissions, services, pricing, communications, message content, or follow-up decisions.

2.3 Business terms and privacy notices

The Business may provide its own terms, policies, and notices, including its Privacy Policy. Those govern the Business's collection and use of Your Information and your relationship with the Business.

Any SimpleCheck branding or links are provided for platform transparency and do not replace the Business's notices.

These Consumer Terms govern only your use of the Consumer Pages and do not govern the Business's services, programs, or any agreement between you and the Business.

3. Eligibility

Consumer Pages are intended for individuals who are at least eighteen (18) years of age and who are residents of the United States. If you are under eighteen (18), do not use a Consumer Page.

By using a Consumer Page, you represent and warrant that you meet these requirements.

The Business is responsible for ensuring that its use of Consumer Pages, including any collection or processing of personal information, complies with applicable law, including requirements relating to minors, notices, and consents.

4. Using Consumer Pages

4.1 Accuracy. You agree to provide accurate, current, and complete information when using a Consumer Page. You are responsible for the information you submit, including your contact details. The information you submit must be your own, and you must not submit another person's information.

4.2 Acceptable conduct. You must not:

• attempt to disrupt, probe, or compromise a Consumer Page or the Service;
• submit malicious code, spam, or abusive content;
• impersonate another person or misrepresent your identity; or
• use a Consumer Page for unlawful, fraudulent, or harassing purposes.

We may block or restrict abusive activity to protect the Service, the Businesses that use it, and other Consumers.

5. Communications

5.1 Transactional and operational communications. When you submit your details through a Consumer Page or otherwise interact with a Business through the Service, you may receive transactional or operational communications relating to your submission, request, conversation, or related workflow. These may include confirmations, status updates, scheduling or rescheduling notices, replies, and similar messages sent by or on behalf of the Business using SimpleCheck as the platform or delivery layer. These communications are separate from the marketing consent described in Section 5.2.

5.2 Marketing consent. Where a Consumer Page presents a consent checkbox for marketing communications, checking that box and submitting the form gives the Business your express written permission to contact you at the telephone number and email address you provided, including by calls and text messages that are automated, prerecorded, or generated by artificial intelligence.

This consent is optional and is not a condition of purchasing any goods or services.

Message and data rates may apply. Message frequency varies.

5.3 Channels and opting out. If the Business enables SMS, email, or similar communication features and you provide the relevant contact information, you may receive or exchange communications with the Business through those channels. Those communications are controlled by the Business.

You may ask the Business to stop contacting you by replying STOP to any text message, or by otherwise clearly stating through any channel the Business uses that you no longer wish to receive communications. Reply HELP for assistance.

The Business is responsible for reviewing and honoring your opt-out request. Where a channel does not provide an automated unsubscribe or suppression mechanism, the Business is responsible for processing your request manually.

Direct your communication preferences, opt-out requests, and any complaints about a Business's messages to the Business that contacted you.

The Business is responsible for ensuring the appropriate legal basis, notices, disclosures, permissions, and consents for its communications. Messages are sent by or on behalf of the Business. SimpleCheck acts as the platform provider, processor or service provider, or delivery layer, as applicable.

5.4 Delivery and availability. SimpleCheck does not guarantee that communications will be delivered without interruption or error. Delivery may be affected by carrier or provider issues, email filtering, third-party platform policies, network conditions, Business configuration, spam or abuse controls, service outages, or incorrect contact information.

6. Consumer Report Authorization

6.1 The disclosure controls. Where a Consumer Page presents a consumer report authorization checkbox, the disclosure displayed beside that checkbox is the operative authorization. Checking that box constitutes your written instruction, under the Fair Credit Reporting Act, for the Business to obtain your consumer report for the purpose stated in that disclosure.

6.2 Optional and separate. That authorization is optional, is not a condition of purchasing any goods or services, and is separate from your acceptance of these Consumer Terms.

6.3 Role of the parties. The Business is the party obtaining and using your consumer report. SimpleCheck facilitates the request on the Business's behalf. Consumer reports are furnished by a consumer reporting agency, and your rights regarding the information in a consumer report, including the right to dispute inaccurate information, are exercised with that agency.

7. No Offer of Credit

Submitting a Consumer Page is not an application for credit, a loan, or financing, and nothing on a Consumer Page or in these Consumer Terms constitutes an offer or extension of credit. Nothing guarantees approval, eligibility, pricing, or terms of any kind from the Business or any other party.

8. Privacy and Data Processing

8.1 Processed for the Business. Information you submit through a Consumer Page or exchange with a Business through the Service, such as your name, email address, telephone number, submission details, messages, replies, communication content, conversation history, communication metadata, consumer report data where you have authorized it, and related workflow information, is processed as Your Information for the Business's purposes, including evaluating your inquiry, prequalification, follow-up, communication management, and related workflows.

The Business is the data controller for Your Information. SimpleCheck processes Your Information only as a processor or service provider on the Business's behalf and in accordance with the Business's instructions. The Business is responsible for providing the notices and obtaining the consents that applicable law requires.

If you have questions or requests about the Business's use of your information, including access, deletion, correction, objection, opt-out, or communication preference requests, contact the Business directly.

8.2 Who receives it. Your Information is disclosed to the Business whose Consumer Page you submitted and to SimpleCheck, which stores and processes it on that Business's behalf.

8.3 No sale of information. SimpleCheck does not sell Your Information. We do not rent, trade, or otherwise disclose Your Information to other businesses, lead buyers, lead aggregators, marketers, or data brokers.

8.4 Service providers. We use service providers, including hosting, communications, and consumer reporting agencies, solely to deliver the Service. They may not use Your Information for their own purposes.

8.5 Business-configured technologies. The Business may configure a Consumer Page or related customer-facing interaction to include third-party tracking or similar technologies, such as pixels or tags. Any such technologies are controlled by the Business, and the Business is responsible for providing required notices and obtaining required consents. Where required, you should review the Business's privacy notice and cookie disclosures presented on or linked from the Consumer Page.

8.6 Cookies. Cookies and similar technologies may be used on SimpleCheck-controlled pages and are managed through our Cookie Policy at simplecheck.com/cookie-policy. Any cookies, pixels, or similar technologies implemented by the Business, or by third parties at the Business's direction, on Business-configured forms, embedded widgets, connected communication workflows, or related customer-facing interfaces are governed by the Business's and the applicable third party's terms and privacy practices.

8.7 SimpleCheck operational data. SimpleCheck may process limited technical and security information necessary to operate, secure, and maintain the Service, such as basic logs and security events. This processing is described in our Privacy Policy.

8.8 Your choices and rights.

• To stop text messages, reply STOP to any message.
• To stop calls or emails, contact the Business directly.
• To request access to, correction of, or deletion of Your Information, email support@simplecheck.com.

Because SimpleCheck processes Your Information on the Business's behalf, we may direct certain requests to the Business or fulfill them at the Business's instruction.

Depending on your state of residence, you may have rights to access, correct, delete, or limit the use of Your Information. Our Privacy Policy explains how to exercise those rights.

8.9 Privacy Policy. Our Privacy Policy describes how we collect, use, retain, and protect Your Information and is incorporated into these Consumer Terms by reference.

9. Third-Party Services and Links

A Consumer Page or related customer-facing interaction may include, generate, or connect to third-party services depending on the Business's configuration. These may include calendar services, email services, messaging providers, SMS/MMS providers, payment processors, consumer reporting agencies, and other connected tools.

Your use of third-party services is subject to their own terms and policies, and SimpleCheck is not responsible for those services. The Business is responsible for determining which third-party services are enabled for its workflows and for providing any required notices, consents, or disclosures relating to those services.

Consumer Pages may link to third-party websites or services. SimpleCheck does not control those third parties and is not responsible for their content or practices.

10. Intellectual Property

Consumer Pages and the Service, including software, design, and branding, are owned by SimpleCheck or its licensors and are protected by intellectual property laws. Subject to these Consumer Terms, SimpleCheck grants you a limited, non-exclusive, non-transferable, revocable license to access and use Consumer Pages solely for your personal purpose of interacting with the Business.

11. Electronic Signatures and Communications

Checking a box, clicking a button, or submitting a Consumer Page constitutes your electronic signature and is legally binding to the same extent as a handwritten signature. You consent to receive these Consumer Terms, related disclosures, and notices electronically. You may withdraw that consent by contacting us, though doing so may prevent you from using the Consumer Pages.

12. Disclaimers

CONSUMER PAGES AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLECHECK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SimpleCheck does not warrant that Consumer Pages will be uninterrupted, timely, secure, or error-free, that any information obtained through the Service will be accurate or complete, or that a Business will respond to, accept, or honor any inquiry, request, or submission you make.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

SIMPLECHECK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO CONSUMER PAGES OR THESE CONSUMER TERMS.

SIMPLECHECK'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO CONSUMER PAGES OR THESE CONSUMER TERMS WILL NOT EXCEED US $1,000 (OR THE MINIMUM AMOUNT PERMITTED BY LAW IF A HIGHER CAP IS REQUIRED).

NOTHING IN THIS SECTION LIMITS OR WAIVES ANY LIABILITY THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW, INCLUDING UNDER THE FAIR CREDIT REPORTING ACT.

Some jurisdictions do not allow certain limitations, so these limitations may not apply to you to the extent prohibited by law.

14. Indemnification

You will be responsible for any losses or damages incurred by SimpleCheck arising from your unlawful use of the Consumer Pages, including misuse, fraud, submission of another person's information, or intentional abuse of the Service.

15. Governing Law and Venue, Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AND THE RIGHT TO A JURY TRIAL, SUBJECT TO THE EXCEPTIONS IN SECTION 15.4 AND YOUR RIGHT TO OPT OUT UNDER SECTION 15.10.

15.1 Governing Law. These Consumer Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, excluding its conflict of laws rules, except where your state of residence provides non-waivable consumer protections. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration provisions of this Section 15, notwithstanding the choice of Delaware law.

15.2 Informal Dispute Resolution First. Before initiating any arbitration or court proceeding, the party asserting a Dispute shall send the other party a written notice describing the Dispute and the relief sought.

Notice to SimpleCheck shall be sent to support@simplecheck.com with the subject line "Notice of Dispute." Notice to you may be sent to the email address or other contact information you provided through or in connection with the applicable Consumer Page.

The parties shall attempt in good faith to resolve the Dispute within thirty (30) days after the notice is received, and no arbitration or court proceeding may be commenced before the end of that period. This Section does not require delay of any request for provisional or equitable relief described in Section 15.4.

15.3 Agreement to Arbitrate. "Dispute" means any dispute, claim, or controversy between you and SimpleCheck arising out of or relating to these Consumer Terms, the Consumer Pages, the Service, any form submission, communication, or other interaction through the Service, or the relationship between you and SimpleCheck, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, except as expressly provided in Section 15.4.

You and SimpleCheck agree that any Dispute not resolved under Section 15.2 shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules where applicable, or otherwise under its Commercial Arbitration Rules, including any applicable expedited procedures, as modified by this Section 15.

The arbitration shall be conducted in the English language by a single arbitrator. The seat of arbitration shall be Newark, Delaware, subject to any location or hearing requirements imposed by applicable law or the applicable AAA rules. Hearings shall be conducted by videoconference unless the arbitrator determines that an in-person hearing is necessary, in which case the hearing shall take place at a location required by applicable law or the applicable AAA rules, in the county of your residence, or as otherwise agreed by the parties.

The arbitrator shall have exclusive authority to resolve any question relating to the interpretation, applicability, or enforceability of this arbitration agreement, except that the interpretation and enforceability of the class action waiver in Section 15.5 shall be decided only by a court of competent jurisdiction.

The arbitrator may award any relief available under applicable law to the individual party seeking relief, and no more. Judgment on the award may be entered in any court of competent jurisdiction.

The parties shall keep the arbitration, including all filings, evidence, and awards, confidential, except as required by law, as necessary to enforce or challenge the award, or as necessary to report a matter to a government agency or regulator.

Payment of filing, administrative, and arbitrator fees shall be governed by the applicable AAA rules and applicable law. SimpleCheck shall pay any fees it is required to pay under the applicable AAA Consumer Arbitration Rules, consumer arbitration standards, or applicable law. Each party shall otherwise bear its own attorneys' fees and costs except where applicable law or the AAA rules provide otherwise.

Notwithstanding Section 16 (No Third-Party Beneficiaries), SimpleCheck's affiliates and its and their respective officers, directors, employees, and agents are intended third-party beneficiaries of this Section 15 solely with respect to Disputes arising out of or relating to the Service, the Consumer Pages, or these Consumer Terms, and each of them may enforce this Section 15.

15.4 Exceptions. Notwithstanding Section 15.3:

(a) either party may bring an individual claim in small claims court if the claim qualifies for that forum;

(b) either party may seek injunctive or other equitable relief in the courts identified in Section 15.6 for actual or threatened infringement or misuse of intellectual property, unauthorized access to or misuse of the Service or Consumer Pages, or violation of Section 4.2 (Acceptable Conduct); and

(c) a request for provisional or equitable relief does not waive the right or obligation to arbitrate.

Nothing in this Section requires arbitration of any claim that applicable law does not permit to be resolved through pre-dispute arbitration.

15.5 Class Action and Representative Action Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SIMPLECHECK EACH AGREE THAT ANY DISPUTE SHALL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING, JOIN, PARTICIPATE IN, OR RECOVER THROUGH ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED PROCEEDING, REPRESENTATIVE PROCEEDING, PRIVATE ATTORNEY GENERAL ACTION, OR CLASS ARBITRATION, WHETHER IN ARBITRATION OR IN COURT.

The arbitrator shall have no authority to conduct any class, collective, consolidated, or representative proceeding or to award relief to or against any person other than the individual parties to the arbitration. Disputes of different Consumers may not be consolidated or joined without the written consent of all parties.

If a court of competent jurisdiction holds this Section 15.5 unenforceable as to a particular Dispute, then the agreement to arbitrate in Section 15.3 shall be null and void as to that Dispute only, that Dispute shall proceed in the courts identified in Section 15.6 on an individual basis to the fullest extent permitted by applicable law, and the remainder of this Section 15 and these Consumer Terms shall continue in full force and effect.

This Section 15.5 survives termination of these Consumer Terms or your discontinuation of use of the Consumer Pages.

15.6 Venue; Exclusive Jurisdiction. Subject to applicable law and Section 15.8 (Mandatory Rights), the state and federal courts located in New Castle County, Delaware shall have exclusive jurisdiction over:

(a) any Dispute excepted from arbitration under Section 15.4;

(b) any Dispute as to which the agreement to arbitrate does not apply or has been held unenforceable; and

(c) any action to compel arbitration or to confirm, enforce, or vacate an arbitral award.

Each party irrevocably consents to the personal jurisdiction and venue of such courts, except to the extent applicable mandatory law provides you with a non-waivable right to bring a claim in another forum.

15.7 Coordinated Filings. If twenty-five (25) or more demands for arbitration raising similar Disputes are filed against or by SimpleCheck and counsel for the claimants are the same or are coordinated, the AAA shall administer the demands in accordance with its Mass Arbitration Supplementary Rules or any successor rules.

To the extent permitted by the applicable AAA rules, the demands may be administered in batches of up to twenty-five (25) demands per batch, with a single arbitrator, a single set of filing and administrative fees, and a single coordinated set of proceedings per batch.

Any demands not included in an active batch shall be held in abeyance, and any applicable statute of limitations shall be tolled, until the preceding batch concludes.

If the AAA's Mass Arbitration Supplementary Rules or any successor rules apply to the demands, those rules shall govern the administration and fees of the demands, and this Section 15.7 shall apply to the extent consistent with them.

Each arbitration remains an individual proceeding. This Section 15.7 addresses only the administration of coordinated filings and does not modify or limit Section 15.5.

15.8 Mandatory Rights. Nothing in these Consumer Terms waives, limits, or requires arbitration of any right that cannot be waived or limited under applicable law. This includes your right to file a complaint with, or provide information to, any government agency or regulator, any right to seek public injunctive relief where applicable law provides a non-waivable right to do so, and any right the Fair Credit Reporting Act or other applicable consumer protection law makes non-waivable. Where applicable law gives you a non-waivable right to bring a claim in a particular forum, that right controls over Sections 15.3 and 15.6.

15.9 Waiver of Jury Trial. To the fullest extent permitted by applicable law, each party knowingly, voluntarily, and irrevocably waives any right to a trial by jury in any action or proceeding arising out of or relating to these Consumer Terms, the Consumer Pages, or the Service. This waiver applies to any Dispute proceeding in court for any reason, including any Dispute excepted from arbitration under Section 15.4 and any Dispute as to which the agreement to arbitrate has been held unenforceable.

15.10 Right to Opt Out. You may opt out of this Section 15 by sending written notice to support@simplecheck.com with the subject line "Arbitration Opt-Out" within thirty (30) days of the date you first accepted these Consumer Terms. Your notice must include your name, the contact information you submitted, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Consumer Terms and will not affect your relationship with the Business.

15.11 Survival. This Section 15 survives termination of these Consumer Terms and any cessation of your use of the Consumer Pages.

16. Miscellaneous

Independent relationship. Nothing in these Consumer Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and SimpleCheck.

Severability. If any provision is held invalid or unenforceable, the remainder will remain in effect.

No third-party beneficiaries. These Consumer Terms are for the benefit of you and SimpleCheck only, except as expressly provided in Section 15.3.

Assignment. You may not assign these Consumer Terms without SimpleCheck's prior written consent. SimpleCheck may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. SimpleCheck is not liable for delays or failures due to events beyond its reasonable control, including internet outages and third-party provider failures.

Entire agreement. These Consumer Terms, together with our Privacy Policy and any disclosure shown beside a consent checkbox, are the entire agreement between you and SimpleCheck regarding the Consumer Pages.

17. Changes to these Consumer Terms

We may update these Consumer Terms from time to time. We will post the updated version with a revised "Last Updated" or effective date.

Your continued access to or use of Consumer Pages after the applicable effective date, including by clicking "Submit" or "Continue," checking a consent box, responding to communications, or otherwise interacting with a Consumer Page in a manner that indicates acceptance of these Consumer Terms, constitutes acceptance of the updated Consumer Terms to the extent permitted by applicable law.

Material modifications to Section 15 (Governing Law and Venue, Dispute Resolution, Arbitration, and Class Action Waiver) will apply prospectively after the applicable effective date. Unless otherwise permitted by applicable law, a modified Section 15 will not apply to a Dispute arising solely from events occurring before you became bound by that modified Section 15.

SimpleCheck may provide additional notice of material changes or require renewed acceptance of updated Consumer Terms where appropriate or required by applicable law.

18. Contact

If you have questions about these Consumer Terms or Consumer Pages, contact:

Legal Name: SimpleCheck, LLC

Address: 254 Chapman Rd, Suite 208, Newark, Delaware 19702

Email: support@simplecheck.com

For requests about how a Business uses your information, including access, deletion, or objection, please contact the Business directly. SimpleCheck can only assist the Business under its agreement with that Business.

Last updated: September 4, 2026