Terms of Service

Your Rights Regarding Your Consumer Credit File

You have important rights under federal and state law regarding your consumer credit file. The following summarizes some of those rights. This summary is not legal advice and is not a complete statement of your rights. Please read it before using RefreshMonitoring.

You have the right to a free copy of your credit report. You are entitled to one free copy of your credit report from each of the three nationwide consumer reporting agencies every twelve months. You can request these reports at AnnualCreditReport.com. You also have the right to a free credit report if, within the past sixty days, you have been denied credit, employment, insurance, or housing based on information in your credit report; if you are unemployed and seeking employment within the next sixty days; if you are receiving public welfare assistance; or if you believe your file contains inaccurate information due to fraud or identity theft.

The scores we provide may differ from the scores lenders use. The credit scores RefreshMonitoring provides are educational credit scores based on the VantageScore 3.0 model using data from Equifax, Experian, and TransUnion. There are many different credit scoring models, and the scores lenders use to make credit decisions may differ from the scores you see in RefreshMonitoring. The scores in RefreshMonitoring are for informational and educational purposes only.

You have the right to dispute information in your credit file directly with the credit reporting agencies, at no cost. Under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the credit reporting agencies must investigate disputes that consumers submit directly to them, generally within thirty days. RefreshMonitoring is a monitoring service and does not submit disputes on your behalf. You may contact Equifax, Experian, and TransUnion directly to dispute information in your credit file.

Accurate negative information generally remains on your credit report for seven years. Bankruptcy information may remain for up to ten years. The credit reporting agencies are not required to remove accurate, current, and verifiable information before those periods expire.

You have the right to place a security freeze or fraud alert on your credit file. Security freezes are free and must be honored by each of the three nationwide consumer reporting agencies. You can request a security freeze or fraud alert by contacting each credit reporting agency directly.

If you believe your rights have been violated, you can file a complaint with the Consumer Financial Protection Bureau at consumerfinance.gov, with the Federal Trade Commission at ftc.gov, or with your state attorney general's office.

1. Acceptance of Terms

By creating an account, accessing the Service, or using any feature of the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms in full, you must not access or use the Service.

These Terms may be presented to you electronically. Your electronic acceptance, your account creation, your authorization of payment, or your continued use of the Service constitutes your acceptance of these Terms and any updates to them in accordance with Section 16 (Modifications to Service or Terms).

If you are accepting these Terms on behalf of another person, you represent and warrant that you have the legal authority to bind that person, and references to "you" include that person. RefreshMonitoring does not authorize use of the Service by entities; the Service is intended solely for individual consumer use by the natural person whose credit information is at issue.

2. Eligibility

To use the Service, you must:

• Be a natural person who is at least eighteen (18) years of age;
• Be a resident of the United States;
• Have the legal capacity to enter into a binding contract under applicable law; and
• Provide accurate, current, and complete identity, contact, and verification information at registration and as we may reasonably request thereafter.

You agree that the credit report and other identity information you submit, or that you authorize the Service to obtain, pertains to you and not to another person. You may not use the Service to access, monitor, or otherwise act with respect to the credit information of any other person.

RefreshMonitoring reserves the right, in its sole discretion, to refuse, suspend, or terminate access to the Service by any person who fails to meet these eligibility requirements or who provides information that we believe to be inaccurate, false, or fraudulent.

3. Description of Service

3.1 What the Service Is

RefreshMonitoring is a consumer credit monitoring service. The Service provides software-based tools that help you access, view, and monitor your own consumer credit information. RefreshMonitoring is software and an informational service. RefreshMonitoring is not a credit repair organization, a law firm, a financial advisor, a debt collector, a credit reporting agency, or a furnisher of information to a credit reporting agency.

3.2 Core Features

Subject to your eligibility and active subscription status, the Service provides the following features:

• Three-bureau credit reports. With your authorization, the Service retrieves your consumer credit reports from Equifax, Experian, and TransUnion through our credit data integration provider.
• VantageScore 3.0 credit scores. The Service presents educational credit scores from each of the three nationwide consumer reporting agencies, calculated using the VantageScore 3.0 model.
• Monthly profile refresh. The Service refreshes your credit reports and scores on a recurring basis, generally monthly, while your subscription is active.
• Twenty-four-hour credit monitoring. The Service monitors your three-bureau credit profile and notifies you when we detect changes or activity that we believe you may want to know about, including changes to balances, new accounts, new inquiries, address changes, and similar events.
• Credit alerts. The Service sends you alerts about monitored events through the channels you have selected, including email, in-application notification, and where you have provided a telephone number, text message.
• Credit education resources. The Service provides general educational content about consumer credit, credit reporting, credit scoring, and related topics. This content is informational only and is not legal, financial, tax, or investment advice.
• Member support. The Service provides access to member support to help you use the features described above.

Specific features available to you may vary based on your account status, your eligibility, the configuration of the Service from time to time, and applicable law. RefreshMonitoring may add, change, or remove features without notice, subject to Section 16.

3.3 Not a Credit Repair Organization

RefreshMonitoring offers access to your consumer credit reports, credit scores, and related monitoring information. RefreshMonitoring is not a credit repair organization, and is not offering to sell, provide, or perform any service to you for the express or implied purpose of either improving your credit record, credit history, or credit rating, or providing advice or assistance to you with regard to improving your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to purchase, access, or use the Service for any such purpose.

Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting agency and follow the appropriate procedures for notifying that agency that you believe the report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting agencies for the removal of inaccurate, non-fraudulent information is available to you free of charge directly from those agencies, regardless of whether you are a Member of RefreshMonitoring.

3.4 What the Service Does Not Do

The Service is a monitoring and informational tool. The Service does not:

• Submit disputes to credit reporting agencies on your behalf or otherwise act as your agent or representative in front of any credit reporting agency, furnisher, creditor, or other third party.
• Repair, correct, or remove information from your credit report. No company, including RefreshMonitoring, can lawfully remove accurate, current, and verifiable information from your credit report.
• Guarantee any change in your credit score, the removal or modification of any credit report item, or any specific financial outcome.
• Provide identity theft restoration services, dark web monitoring, public records monitoring, identity theft insurance, or any feature not described in Section 3.2 unless we expressly tell you otherwise.
• Detect or prevent every instance of identity theft, fraud, or unauthorized use of your personal or credit information.

3.5 No Guarantee of Outcome

Credit scoring, credit report content, monitoring results, and any actions you may take based on the information presented in the Service are determined by third parties, including the three nationwide consumer reporting agencies, furnishers of information, scoring model operators, and other entities outside of RefreshMonitoring's control. RefreshMonitoring does not promise, guarantee, or warrant any particular outcome, including any specific change in credit score, any specific removal, modification, or update of any credit report item, any specific timeline, any specific approval for credit, or any specific financial result. Any results experienced by other members are not predictive of your results.

3.6 Monitoring Enrollment Limitations

You acknowledge and agree to the following limitations on the Service:

Enrollment timing. RefreshMonitoring uses commercially reasonable efforts to begin monitoring with each applicable credit reporting agency promptly after successful enrollment. Enrollment timelines vary by agency and may take several business days. The Service is not real-time. Information presented in the Service may not reflect the most current information held by the consumer reporting agencies at any given moment.

Possible failure to enroll. Enrollment in monitoring at each credit reporting agency is conditioned on the agency's ability to identify and authenticate you in its systems. RefreshMonitoring does not control the enrollment process at the credit reporting agencies and cannot guarantee that you will be successfully enrolled in monitoring at any specific agency.

Three-bureau plans. If you are enrolled in a three-bureau monitoring plan, your enrollment is conditioned on successful enrollment by at least one of the three nationwide consumer reporting agencies in its credit monitoring program. If fewer than all three agencies enroll you, monitoring will be provided only by the agency or agencies that did enroll you, and you will not receive alerts or monitoring of changes from the agency or agencies that did not. We will notify you if fewer than all three agencies enroll you.

Single-bureau plans. If you are enrolled in a single-bureau monitoring plan, your enrollment is conditioned on successful enrollment by that specific credit reporting agency. If that agency is unable to enroll you, your subscription may be cancelled and you will not receive alerts or monitoring from that agency.

Alerts. Alerts depend on the credit reporting agencies' ability to detect and report changes to your credit file. The absence of an alert does not mean that no change has occurred. Alerts may be delayed, incomplete, or inaccurate, and the Service does not guarantee that any specific change to your credit file will be detected.

4. Account Registration and Security

4.1 Your Account

To access the Service, you must register for an account by providing the information requested at registration, including identity verification information sufficient to authorize the retrieval of your consumer credit information from the three nationwide consumer reporting agencies. Your account is personal to you and may not be transferred, assigned, or used by any other person. These Terms apply to your account and to all activity conducted through it.

4.2 Accurate Information

You agree to provide information that is accurate, current, and complete at registration and to update that information promptly when it changes. You are solely responsible for the accuracy of information you submit to the Service or authorize the Service to use, including identity and verification information used to authenticate you with the consumer reporting agencies.

4.3 Credentials and Account Security

You are responsible for safeguarding the username, password, and any authentication factors associated with your RefreshMonitoring account. You must not share your credentials with any other person, and you must not permit any other person to access or use the Service through your account. You agree to notify us promptly at legal@refreshmonitoring.com of any unauthorized use of, or any actual or suspected security breach involving, your account.

4.4 Liability for Account Activity

You are responsible for all activity that occurs under your RefreshMonitoring account, whether or not you authorized that activity, except to the extent prohibited by applicable law. RefreshMonitoring is not liable for any loss or damage arising from your failure to comply with this Section 4.

4.5 Identity Verification and Authentication Failure

To deliver the Service, RefreshMonitoring (and its credit data integration provider) must verify your identity before retrieving credit information from the three nationwide consumer reporting agencies. For most Members, identity verification is completed online during enrollment. In some cases, online verification may fail, and you may be routed through a manual authentication process. The manual authentication process may take several business days and may require you to provide additional information, including but not limited to a private access code sent by mail to the address in your credit file.

You acknowledge and agree that your subscription begins and your payment method is charged on the date of enrollment regardless of how long authentication takes. If you fail authentication and we are unable to provide the Service to you, you may request cancellation as described in Section 6.5.

4.6 FCRA Written Instructions and Permissible Purpose

You understand and agree that, by creating an account and enrolling in the Service, you have provided "written instructions" in accordance with the Fair Credit Reporting Act, 15 U.S.C. Section 1681b(a)(2), authorizing RefreshMonitoring and its credit data integration provider to obtain your consumer credit reports and credit scores on a recurring basis from the three nationwide consumer reporting agencies (Equifax, Experian, and TransUnion) for the duration of your active subscription, and to provide that information to you through the Service.

These written instructions authorize RefreshMonitoring and its credit data integration provider to access your credit profile, including your credit reports, credit scores, and related information, to verify your identity, to deliver the monitoring features of the Service, to send alerts about changes detected on your credit files, and to provide the other features described in Section 3.2. These written instructions remain in effect for as long as you maintain an active subscription. You may revoke these written instructions at any time by cancelling your subscription as described in Section 6.5, in which case retrieval of your consumer credit information will cease at the end of the then-current monthly billing period.

5. Credit Scores and Credit Reports - Important Information

5.1 Source of Credit Information

The consumer credit reports and credit scores presented in the Service are obtained from Equifax, Experian, and TransUnion through our credit data integration provider. RefreshMonitoring does not generate, modify, or independently verify credit report content or credit scores. The three nationwide consumer reporting agencies are responsible for the accuracy and completeness of the information they provide.

5.2 Educational Credit Scores

The credit scores presented in the Service are calculated using the VantageScore 3.0 model using data from each of the three nationwide consumer reporting agencies. The credit scores you receive from the Service may not be the same scores used by lenders, insurers, employers, landlords, or other commercial users for credit, insurance, employment, or other decisions. There are many different credit scoring models, including the FICO Score in its various versions and VantageScore in its various versions, and different commercial users may use different models or different versions of the same model. The credit scores in the Service are provided for informational and educational purposes only and are not used by any lender or other commercial user in connection with any decision about you.

5.3 Refresh Frequency

While your subscription is active, the Service refreshes your credit reports and credit scores on a recurring basis, generally monthly. The exact refresh schedule may vary based on technical and operational considerations. The Service is not a real-time credit reporting service. Information in the Service may not reflect the most current information held by the consumer reporting agencies at any given moment.

5.4 No Substitute for the Annual Free Credit Report

The Service is a paid subscription. It is not a substitute for the free annual credit report disclosure you are entitled to receive from each of the three nationwide consumer reporting agencies under the federal Fair Credit Reporting Act. You may request your free annual credit report at AnnualCreditReport.com without subscribing to the Service.

5.5 Disputes

If you believe that information in your credit report is inaccurate, incomplete, or otherwise improper, you have the right to dispute that information directly with the credit reporting agency that furnished the report. The Service is a monitoring tool. The Service does not submit disputes on your behalf and is not a substitute for the dispute process administered by the credit reporting agencies. Contact information for each of the three nationwide consumer reporting agencies is available on each agency's website.

6. Subscription, Billing, Automatic Renewal, and Cancellation

This Section 6 describes the terms of your paid subscription to the Service. It includes important information about automatic monthly renewal, how to cancel, and your rights as a subscriber. Please read it carefully before enrolling.

6.1 Subscription Offer

The Service is offered as a recurring paid subscription. The subscription offer terms are presented to you at the time of enrollment and include the price, the billing frequency, the date your subscription begins, and a description of how to cancel. By enrolling, you agree to those offer terms in addition to these Terms.

6.2 Subscription Plans, Pricing, and Plan Changes

The Service is offered in one or more subscription plans, which may include single-bureau, three-bureau, and premium plans, each with its own scope of features and recurring monthly price. The current subscription plans, their features, and their prices are described on the Service at refreshmonitoring.com and are presented to you at the time you enroll. Prices are stated in U.S. dollars and are exclusive of any applicable taxes and fees. The price disclosed for your selected plan at the time of your enrollment is the price that will be charged at enrollment and at each subsequent monthly renewal until you change plans or cancel.

You may, where the Service allows it, change your plan at any time. Plan changes take effect on the next monthly renewal date unless we tell you otherwise at the time of the change. We do not provide partial-month refunds, credits, or prorations for plan changes except where required by applicable law or as expressly stated in these Terms.

6.3 First Charge

By enrolling, you authorize RefreshMonitoring or its payment processor to immediately charge the credit card, debit card, or other payment method you provide for the first monthly subscription fee, plus any applicable taxes and fees.

6.4 Automatic Monthly Renewal

Your subscription automatically renews each month and continues until you cancel. By enrolling, you authorize RefreshMonitoring or its payment processor to charge your payment method the monthly fee for your selected plan, plus any applicable taxes and fees, on each monthly renewal date, until you cancel or change plans. The renewal date is the recurring monthly anniversary of the date your subscription began, subject to any adjustment that may be required by the calendar (for example, if your subscription began on the 31st of a month, the renewal date may fall on the last day of months that have fewer than 31 days).

Where required by applicable law, RefreshMonitoring will send you periodic reminders about your auto-renewal subscription, including an annual reminder, by email to the address associated with your account or by another method permitted by law. These reminders are informational and are not invoices, requests for payment information, or attempts to initiate a new transaction.

6.5 How to Cancel

You may cancel your subscription at any time. To cancel, you may:

• Log in to your account at refreshmonitoring.com and use the cancellation option in your account settings.
• Email member support at support@refreshmonitoring.com from the email address associated with your account and request cancellation.

We will process your cancellation request promptly. To avoid a charge for the next monthly renewal, you must cancel before your next renewal date. If you cancel after a renewal date, your cancellation will be effective at the end of the then-current monthly billing period, and your subscription will not renew for the following month.

6.6 Effect of Cancellation

If you cancel, you will continue to have access to the Service for the remainder of the then-current monthly billing period. After that period ends, your access to the Service will terminate. We do not provide partial-month refunds for cancellations except where required by applicable law or as expressly stated in these Terms.

6.7 Failed Payments

If a scheduled payment fails for any reason, including expired payment method, insufficient funds, or declined transaction, RefreshMonitoring may suspend your access to the Service until payment is successfully processed. RefreshMonitoring may attempt to charge your payment method again on a reasonable retry schedule and may notify you to update your payment method. If we are unable to collect payment within a reasonable period, we may terminate your subscription.

6.8 Updates to Payment Method

You agree to keep your payment method information current and accurate. You authorize us to update payment card information through account updater services offered by the card networks, and to charge any successor payment method on file.

6.9 Price Changes

We may change the price of any subscription plan from time to time. If we change the price of a plan to which you are currently subscribed, we will provide you with advance notice by email to the email address associated with your account before the new price takes effect, in accordance with applicable law. Where required by law, we will provide that notice at least seven (7) days and not more than thirty (30) days before the price change takes effect, and the notice will include instructions on how to cancel. You may decline a price change by canceling your subscription before the new price takes effect. Your continued subscription after the effective date of a price change constitutes your acceptance of the new price.

6.10 Taxes and Fees

Subscription fees are exclusive of any applicable sales, use, value-added, or similar taxes and any fees imposed by governmental authorities. You are responsible for all such taxes and fees, which will be added to the subscription fee and charged to your payment method along with the subscription fee.

6.11 Refunds

EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY STATED IN THESE TERMS, ALL SALES ARE FINAL AND SUBSCRIPTION FEES ARE NON-REFUNDABLE. WE DO NOT PROVIDE PARTIAL-MONTH REFUNDS OR PRORATED REFUNDS FOR CANCELLATIONS, PLAN CHANGES, OR UNUSED PORTIONS OF YOUR SUBSCRIPTION. After you cancel, you will continue to have access to the Service for the remainder of the then-current monthly billing period, after which your access will terminate.

6.12 California Subscribers

If you are a California resident, you may cancel your subscription at any time using the methods described in Section 6.5. The online cancellation method described in Section 6.5 is available to you regardless of how you enrolled. You may also send written cancellation notice to RefreshMonitoring at the address in Section 20 to terminate your subscription. The California Department of Consumer Affairs Complaint Assistance Unit can be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1-800-952-5210.

6.13 Other State Subscribers

Subscribers in other states have the rights granted by the automatic-renewal, consumer-protection, and subscription-cancellation laws of their states of residence. Nothing in these Terms is intended to waive any right that cannot be waived by contract under applicable state law.

7. Prohibited Uses

You agree that you will not, and will not attempt to, do any of the following in connection with the Service:

• Access or use the Service with respect to credit information of any person other than you, or impersonate any person or misrepresent your identity or affiliation with any person or entity;
• Submit, authorize, or cause the Service to retrieve credit information under false pretenses or in violation of the federal Fair Credit Reporting Act or any other applicable law;
• Share your account credentials with any other person or allow any other person to access or use your account;
• Use the Service for any commercial purpose, including reselling, sublicensing, renting, leasing, or otherwise commercially exploiting the Service or any output of the Service;
• Use credit information accessed through the Service to make decisions about any other person, including for credit, insurance, employment, housing, or any other purpose covered by the Fair Credit Reporting Act;
• Scrape, crawl, harvest, mirror, or otherwise extract data, content, or output from the Service other than through features made available for that purpose;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or proprietary techniques from the Service, except to the extent this restriction is prohibited by applicable law;
• Circumvent, disable, or interfere with any usage limit, rate limit, security feature, authentication mechanism, or other technical or contractual protection associated with the Service;
• Use the Service in a manner that could damage, overburden, impair, or disrupt the Service, the systems of any credit reporting agency, the systems of any payment processor, or the systems of any other third party;
• Introduce any virus, malware, worm, ransomware, or other malicious code into the Service; or
• Use the Service in any manner not expressly authorized by these Terms.

RefreshMonitoring may, in its sole discretion, suspend or terminate your access to the Service for any actual or suspected violation of this Section 7, and may report unlawful conduct to law enforcement or applicable regulators.

8. Third-Party Services

The Service integrates with and relies on services provided by third parties, including without limitation:

• Equifax Information Services, LLC, Experian Information Solutions, Inc., and TransUnion LLC, which are the credit reporting agencies whose reports and scores are presented in the Service through our credit data integration provider;
• VantageScore Solutions, LLC, which licenses the VantageScore 3.0 scoring model;
• Hosting, identity verification, payment processing, communications, and analytics providers; and
• Other vendors, subprocessors, and integration partners that may be used to operate the Service.

These third parties are independent of RefreshMonitoring. RefreshMonitoring does not control their systems, data, accuracy, availability, terms of service, or privacy practices, and RefreshMonitoring is not responsible for any act or omission of any third party, except as required by applicable law. Use of certain third-party services through the Service may be subject to the third party's own terms and privacy policy.

If a third-party service that the Service relies upon becomes unavailable, modifies its functionality, or changes its terms, RefreshMonitoring may modify, suspend, or discontinue affected features of the Service without liability to you, subject to your rights under Section 16 and applicable law.

9. No Legal or Financial Advice

RefreshMonitoring does not provide legal advice, financial advice, tax advice, investment advice, debt counseling, credit counseling within the meaning of any state credit-counseling statute, or any other form of personalized professional advice. Nothing on the Service, in any communication from RefreshMonitoring, or in these Terms is intended to be, or should be relied upon as, legal, financial, tax, or investment advice.

For advice specific to your circumstances, you should consult a licensed attorney, a licensed financial advisor, a certified public accountant, or another qualified professional in your jurisdiction. Your use of the Service does not create any professional relationship between you and RefreshMonitoring.

10. Intellectual Property

10.1 RefreshMonitoring Property

The Service, including the software, source code, user interfaces, designs, graphics, text, workflows, educational content, trademarks, service marks, logos, and trade dress, and all intellectual property rights in and to any of the foregoing, are and will remain the sole and exclusive property of RefreshMonitoring and its licensors. Except for the limited license expressly granted in Section 10.2, no right, title, or interest in or to the Service is transferred to you.

10.2 Limited Member License

Subject to your compliance with these Terms and your active subscription, RefreshMonitoring grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your own personal, non-commercial purpose of monitoring your own credit information. This license terminates automatically upon any termination of your account, upon any expiration of your subscription, and upon any breach of these Terms.

10.3 User-Submitted Content and Inputs

You retain ownership of the content you submit to the Service, including any identity information, account preferences, communications with member support, and similar inputs (collectively, "User Content"). You grant RefreshMonitoring a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, transmit, display, modify, and process User Content for the purpose of operating, providing, maintaining, securing, and improving the Service, performing the obligations described in these Terms, complying with applicable law, and developing aggregated or de-identified information that does not identify you.

10.4 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant RefreshMonitoring a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use the Feedback for any lawful purpose, including incorporating the Feedback into the Service, without obligation to you.

10.5 Trademarks

"RefreshMonitoring," the RefreshMonitoring logo, and other RefreshMonitoring marks, logos, and product names are trademarks or service marks of RefreshMonitoring. VantageScore is a registered trademark of VantageScore Solutions, LLC. Equifax, Experian, and TransUnion, and their related marks, are trademarks or service marks of their respective owners. You may not use any RefreshMonitoring trademark without our prior written consent. All third-party trademarks referenced on the Service are the property of their respective owners and do not imply endorsement.

11. User Data and Privacy

Your use of the Service is subject to our Privacy Policy, which describes how RefreshMonitoring collects, uses, shares, retains, and protects information about you, including sensitive personal information such as identity verification data, credit report data, and financial account information. The Privacy Policy is incorporated into these Terms by reference. By accepting these Terms or using the Service, you acknowledge that you have read and understood the Privacy Policy.

Because the Service processes consumer report information obtained from the three nationwide consumer reporting agencies through our credit data integration provider, certain federal and state laws, including the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801 et seq., and applicable state consumer privacy and financial-information laws, apply to that information. You agree that RefreshMonitoring may collect, use, share, and retain consumer report information and other personal information as described in the Privacy Policy and as permitted by applicable law.

12. Communications and Marketing

12.1 Service Communications

If you provide your email address or telephone number to RefreshMonitoring, you may receive transactional, account-related, security-related, and service-related communications from us, including communications about your account, your subscription, identity verification, security alerts, credit alerts triggered by monitored events, and other operational notifications about the Service. These communications are part of the Service and may be delivered by email, in-application notification, or text message.

12.2 Marketing Communications

We may also send you marketing communications about the Service. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing communication, by replying STOP to a marketing text message, or by contacting legal@refreshmonitoring.com. Opting out of marketing communications does not stop transactional, account, security, or service communications.

12.3 Telephone and Text Message Communications

If you provide your telephone number to RefreshMonitoring, you may receive transactional, account-related, security-related, and service-related communications by telephone and text message, including identity verification codes, security alerts, billing notifications, credit alerts triggered by monitored events, and other operational notifications about the Service. By providing your telephone number for these purposes, you provide your prior express consent under the federal Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. Section 227, to receive these transactional and informational communications, including those delivered through automatic telephone dialing systems or prerecorded voice messages.

Marketing communications by telephone or text message are subject to your separate prior express written consent under the TCPA and applicable state law, captured outside of these Terms through an opt-in mechanism that satisfies the higher consent standard required for marketing communications. Your separate consent (or the absence of it) controls regardless of any general authorization in these Terms. Your consent to marketing text messages is not a condition of purchase or of receiving the Service.

Message and data rates may apply. Message frequency varies based on your account activity. You may opt out of any text message at any time by replying STOP, QUIT, CANCEL, UNSUBSCRIBE, or END to the message, and you may request help by replying HELP. Following an opt-out, you may receive one confirmation message, after which we will cease sending text messages of the type you opted out of. If you opt out of all text messages, we may be unable to deliver certain account, security, or credit-alert notifications by text, and will use email or in-application notifications to reach you instead.

12.4 Testimonials, Case Studies, and Aggregated Data

You authorize RefreshMonitoring to use de-identified, anonymized, and aggregated information about your use of the Service for marketing, testimonials, case studies, advertising, training, demonstration, and other promotional purposes. RefreshMonitoring will not include information that personally identifies you, your specific account, or your specific credit score in any such material without your separate, prior written consent.

12.5 CAN-SPAM Compliance

RefreshMonitoring complies with the federal CAN-SPAM Act in all commercial email we send. Additional opt-out and consumer rights, including under the California Consumer Privacy Act and California Privacy Rights Act and other state privacy and financial-information laws, are described in the Privacy Policy.

13. Disclaimers and No Warranty

THE SERVICE, ALL CREDIT REPORTS, CREDIT SCORES, ALERTS, EDUCATIONAL CONTENT, AND ALL OTHER MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REFRESHMONITORING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, RefreshMonitoring makes no representation or warranty that:

• Your credit score will increase, decrease, remain stable, or change in any particular way as a result of your use of the Service;
• Any specific item on your credit report will be removed, modified, updated, or otherwise affected;
• The credit reports presented in the Service will be complete, accurate, or up-to-date;
• The credit scores presented in the Service will match any score used by any lender, insurer, employer, landlord, or other commercial user;
• Credit alerts will be timely, complete, or free of errors or omissions, and the absence of an alert does not mean that no change to your credit profile has occurred;
• The Service will detect or prevent identity theft, fraud, or unauthorized use of your credit;
• The Service will be uninterrupted, error-free, or secure; or
• Any educational content reflects the most current state of law or industry practice.

Credit scoring and credit report content are determined by third parties, including the credit reporting agencies, furnishers of information, and the operators of credit scoring models, all of which are outside of RefreshMonitoring's control. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the disclaimers above apply to the maximum extent permitted by law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REFRESHMONITORING OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF REFRESHMONITORING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF REFRESHMONITORING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO REFRESHMONITORING FOR ACCESS TO OR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Section 14 apply to the maximum extent permitted by applicable law and survive any termination of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, RefreshMonitoring's liability is limited to the smallest extent permitted by law. Nothing in this Section 14 limits liability that cannot be limited by law, including, where applicable, liability for fraud, willful misconduct, or gross negligence.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless RefreshMonitoring and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service;
• Any User Content you submit;
• Your breach or alleged breach of these Terms, including any breach of Section 7 (Prohibited Uses);
• Your violation or alleged violation of any law, regulation, or third-party right; and
• Any third-party claim that any User Content or your use of the Service infringes, misappropriates, or violates the rights of any third party.

RefreshMonitoring reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with RefreshMonitoring's defense of that matter. You may not settle any indemnified claim without RefreshMonitoring's prior written consent.

16. Modifications to Service or Terms

16.1 Modifications to the Service

RefreshMonitoring may, at any time and in its sole discretion, modify, add, remove, suspend, or discontinue any feature, component, or aspect of the Service, with or without notice, subject to applicable law. RefreshMonitoring will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service, except where required by applicable law.

16.2 Modifications to These Terms

RefreshMonitoring may modify these Terms from time to time. When RefreshMonitoring makes a material change, RefreshMonitoring will provide reasonable advance notice by posting the revised Terms on the Service, updating the "Last Updated" date, and, where appropriate, by sending notice to the email address associated with your account. Material changes take effect on the date stated in the notice, which will be at least the minimum period required by applicable law. Your continued access to or use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to stop using the Service and cancel your subscription as described in Section 6.5.

17. Dispute Resolution - Binding Arbitration, Class Action Waiver, Jury Trial Waiver

17.1 Please Read This Section Carefully

THIS SECTION REQUIRES YOU AND REFRESHMONITORING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF THIS SECTION 17 AS DESCRIBED IN SECTION 17.7.

17.2 Informal Resolution First

Before initiating arbitration, you and RefreshMonitoring agree to attempt in good faith to resolve any dispute informally for at least sixty (60) days. To start, send a written notice describing the dispute and the relief requested to legal@refreshmonitoring.com, including your name, the email associated with your account, and a detailed description of the dispute. If the dispute is not resolved within sixty (60) days after receipt of the notice, either party may proceed to arbitration.

17.3 Agreement to Arbitrate

Except as set forth in Section 17.6 and Section 17.7, you and RefreshMonitoring agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and RefreshMonitoring, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, at the parties' mutual written election, by the American Arbitration Association under its Consumer Arbitration Rules). The Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs the interpretation and enforcement of this Section 17.

17.4 Arbitration Procedure

The arbitration will be conducted by a single neutral arbitrator. Unless you and RefreshMonitoring otherwise agree, the arbitration will take place in New Castle County, Delaware, or, at your election if you are a U.S. consumer, in the county of your residence, or by videoconference or telephone. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs, except where the applicable arbitration rules or applicable law provide otherwise.

17.5 Class Action Waiver and Jury Trial Waiver

YOU AND REFRESHMONITORING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. YOU AND REFRESHMONITORING WAIVE ANY RIGHT TO A TRIAL BY JURY.

If a court or arbitrator determines that the class action waiver in this Section 17.5 is unenforceable as to any claim or any request for relief, that specific claim or request for relief will be severed and adjudicated in a court of competent jurisdiction in accordance with Section 18, while the remainder of the disputes will continue to be arbitrated. If the class action waiver is held unenforceable as to all claims, then the entirety of this Section 17 will be null and void as to those claims.

17.6 Mass Arbitration Procedures

YOU AND REFRESHMONITORING AGREE THAT IF MASS ARBITRATION IS ATTEMPTED OR SOUGHT, IT WILL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

(a) For purposes of these Terms, "Mass Arbitration" means twenty-five (25) or more arbitration demands that: (i) are filed within one hundred eighty (180) days of one another; (ii) allege similar or identical claims or causes of action; and (iii) either (A) the parties to those arbitration demands seek to simultaneously or collectively administer or arbitrate together, or (B) are filed by the same counsel or in coordination with one another.

(b) Where Mass Arbitration is attempted or sought involving 250 or fewer arbitration demands, you and RefreshMonitoring agree that the arbitration provider shall: (i) group the arbitration demands into batches of no fewer than twenty-five (25) arbitration demands per batch; and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per batch.

(c) Where Mass Arbitration is attempted or sought involving more than 250 arbitration demands, you and RefreshMonitoring agree that the arbitration provider shall: (i) group the arbitration demands into batches of no fewer than two hundred fifty (250) arbitration demands per batch; and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per batch.

(d) All Mass Arbitration is subject to all other substantive and procedural terms contained in these Terms. You and RefreshMonitoring agree to cooperate in good faith with the arbitration provider to implement these procedures.

(e) If any part of this Section 17.6 is held unenforceable, the unenforceable portion shall be stricken and the remainder of this Section 17.6 shall be enforced to the maximum extent permitted by law. If the arbitration provider is unwilling or unable to follow these Mass Arbitration procedures, the parties may attempt to retain a different, mutually agreeable, and widely-recognized arbitration organization that will follow these procedures. If the parties are unable to agree on an alternative provider, the dispute resolution provisions in this Section 17 shall not apply to those demands within the Mass Arbitration.

17.7 Small Claims Carve-Out and Injunctive Relief

Either party may bring an individual action in small claims court for any qualifying claim that remains in that court and is not transferred to a court of general jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, prevent unauthorized use of the Service, or prevent the misuse of confidential information, pending arbitration of the underlying dispute.

17.8 Thirty-Day Right to Opt Out

You may opt out of this Section 17 by sending written notice of your decision to opt out to legal@refreshmonitoring.com within thirty (30) days of the date you first accepted these Terms. Your notice must include your full name, the email associated with your account, and a clear statement that you wish to opt out of the arbitration agreement in these Terms. Opting out will not adversely affect any other aspect of your relationship with RefreshMonitoring.

17.9 Survival and Severability of This Section

This Section 17 survives termination of your account and termination of these Terms. If any provision of this Section 17 (other than the class action waiver) is held unenforceable, that provision will be severed and the remaining provisions of this Section 17 will continue in full force and effect.

18. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and by applicable federal law of the United States. For any claim or dispute that is not subject to arbitration under Section 17, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection to jurisdiction or venue in those courts on the basis of inconvenient forum or otherwise. This Section 18 does not deprive you of any protection of the mandatory laws of your state of residence to the extent those protections cannot be waived by contract.

19. Termination

19.1 Termination by You

You may terminate your subscription and close your RefreshMonitoring account at any time using the cancellation methods described in Section 6.5.

19.2 Termination by RefreshMonitoring

RefreshMonitoring may, in its sole discretion, suspend or terminate your access to the Service or any portion thereof, with or without notice, if RefreshMonitoring has reason to believe that you have violated these Terms; that your use of the Service poses a risk to RefreshMonitoring, other members, third parties, or applicable law; that your account has been inactive for an extended period; or that continued provision of the Service is impracticable for legal, regulatory, technical, or operational reasons.

19.3 Effect of Termination

Upon termination of your account for any reason: (a) the license granted to you in Section 10.2 terminates immediately; (b) RefreshMonitoring may delete or retain User Content and account data in accordance with the Privacy Policy and applicable law; and (c) any amounts owed to RefreshMonitoring at the time of termination remain payable. Termination does not entitle you to any refund except as required by applicable law or as expressly stated in these Terms.

19.4 Survival

Sections 5 (Credit Scores and Credit Reports), 6.6 through 6.11 (subscription wind-down terms), 7 (Prohibited Uses), 9 (No Legal or Financial Advice), 10 (Intellectual Property), 12 (Communications and Marketing), 13 (Disclaimers and No Warranty), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), 18 (Governing Law and Venue), 19 (Termination), 20 (Notices and Contact Information), and 21 (Miscellaneous), and any other provision that by its nature should survive, survive termination of these Terms.

20. Notices and Contact Information

Notices to you may be provided by email to the address associated with your account, by in-application notification, or by posting on the Service. Notice is effective upon being sent or posted. You are responsible for keeping your email address current.

Notices to RefreshMonitoring, including any notice required under Section 17 (Dispute Resolution), must be sent by email to legal@refreshmonitoring.com and, if also required by applicable law, by mail to:

Refresh Monitoring LLC Attn: Legal - Terms of Service Notice 8 The Green, Suite A Dover, DE 19901

For member support, including questions about your subscription, billing, or cancellation, contact support@refreshmonitoring.com.

21. Miscellaneous

21.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law, or, if it cannot be so enforced, severed from these Terms, and the remaining provisions will remain in full force and effect, except as provided in Section 17.5.

21.2 No Waiver

RefreshMonitoring's failure to enforce any right or provision of these Terms is not a waiver of that right or provision. No waiver is effective unless in writing and signed by an authorized representative of RefreshMonitoring.

21.3 Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them, by operation of law or otherwise, without RefreshMonitoring's prior written consent. Any attempted assignment in violation of this Section 21.3 is void. RefreshMonitoring may assign these Terms in whole or in part, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, without notice to you. These Terms are binding upon and inure to the benefit of the parties' permitted successors and assigns.

21.4 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented in connection with a specific feature of the Service, constitute the entire agreement between you and RefreshMonitoring regarding the Service, and supersede all prior or contemporaneous understandings, communications, and proposals on the subject matter.

21.5 Force Majeure

RefreshMonitoring is not liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, cyberattacks, or failures or interruptions of third-party services on which the Service relies.

21.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and RefreshMonitoring only and do not confer any rights on any third party, except that the disclaimers, limitations of liability, and indemnities in these Terms inure to the benefit of RefreshMonitoring's affiliates, officers, directors, employees, agents, licensors, and suppliers.

21.7 Headings

Section headings are for convenience only and do not affect interpretation.

21.8 Interpretation

Words such as "include," "including," and "such as" are illustrative and not limiting. References to statutes are to those statutes as amended from time to time.

21.9 Electronic Communications and Records

You consent to receive communications from RefreshMonitoring in electronic form, including by email and in-application notification, and you agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing. This consent does not limit any right you have under applicable law to receive any specific disclosure in non-electronic form.