Member Terms & Conditions

Last Updated: August 12, 2025

The following Terms and Conditions govern Customer’s access to and use of the CCA Services.

1. Definitions

The following terms shall be construed to be defined as follows. Capitalized terms not otherwise defined herein shall have those definitions set forth in the Website Terms and Conditions.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes hereof, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Ancillary Programs” means certain enabling software or tools, which CCA makes available to Customer for download to be used with the Subscription Services for purposes of facilitating Customer access to, operation of, and/or use of the Subscription Services. Ancillary Programs do not fall within the meaning of Third Party Tools.

“AI Features” means (generative) Artificial Intelligence features provided as part of the Subscription Services, allowing AI Users to insert Input in a text-format by way of a prompt or other Input media as an upload, and formulate a request to the AI Features to generate Output.

“AI Input” means any text, images, video, audio, software code, or any other information inserted by the AI User in a prompt or upload with a request to the AI Features to create AI Output based on the AI Input.

“AI Output” means the response created by AI Features based on the AI Input and the request of the AI User.

“AI User” means any user of the AI Features provided to the Customer.

“Authorized Contractors” means independent contractors, licensors, or subcontractors.

“Customer” means the purchaser of any CCA Services where such Services are purchased via an Order placed by Customer.

"Customer Data" means all data, records, files, images, graphics, audio, video, photographs, reports, forms and other content and material, in any format, submitted to, stored by, transmitted, or otherwise used by or for Customer within the Subscription Services. Any output (i.e content created by) of Third Party Tools does not fall within the meaning of Customer Data until said output is used with the Subscription Services.

“Member Terms and Conditions” mean these Member Terms and Conditions.

“Payment Data” means Debtor Account No.; Debtor Company Name; Address; City; State; Zip; Code; Country Code; Company Reg No./VAT No.; Telephone No.; Contact Name; E-mail address; Summary Level (“the Summary Level Data”): Debtor Account No.; Total Balance; Current Balance; Balance 1 to 30 Days; Balance 31 to 60 Days; Balance 61 to 90 Days; Balance 91 Days; Currency; Invoice Level (the “Invoice Level Data”): Debtor Account No.; Invoice Ref/No; Invoice Type; Invoice Date; Due Date; Paid Date; Invoice Amount; Currency; Compulsory data fields. Customer-submitted Payment Data shall not be considered Customer Data.

“Risk Assessment Information” means the insights from Payment Data that are available through the Services. Even where such Risk Assessment Information is shared by Customer, it shall not be considered Customer Data.

“Order” or “Order Form” means an online order specifying the Services to be provided thereunder that is entered into between CCA and Customer from time to time, including any addenda and supplements thereto. Customer Affiliates may purchase Services subject to these Member Terms and Conditions by executing Orders hereunder.

"Services" means the Subscription Services that Customer may purchase under an Order.

“Subscription Services” means the cloud platform made available by CCA to Customer, as ordered by Customer under an Order, as applicable, and including

“Subscription Term” or “Term” means the term of Subscription Services purchased by Customer which shall commence on the start date specified in the applicable Order and continue for the subscription term specified therein and any renewals thereto.

“Third Party Tools” means any non-CCA products or services Customer uses with Subscription Services. Third Party Tools do not fall within the meaning of Subscription Services.

2. General

A. Agreement to be Bound: Please read the following information carefully before placing an Order for use of our Services. By registering to use or otherwise using the Services, or by clicking to agree to these Terms and Conditions when that option is made available, the acceptor certifies that he is the authorized representative of a Customer and has the authority to bind Customer to these Member Terms and Conditions. If Customer does not agree to these Member Terms and Conditions, please do not access or use the Services. These Member Terms and Conditions are to be read together with the Website Terms and Conditions and Privacy Policy, and, to the extent of any disagreement, these Member Terms and Conditions shall control.

B. Modifications to Terms of Use: Except where an agreement has been separately negotiated and signed by the parties, CCA has the right to change, modify or add to these Terms and Conditions governing the Services or any part thereof. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by electronic or conventional means, including posting a notice to the website or by placing a prominent banner within the Subscription Services. Customer agrees to review this page periodically to be aware of such changes, modifications, additions or deletions. Customer’s continued use of the Services after such notice has been given shall be deemed to constitutes Customer’s acceptance of the changes, modifications, additions or deletions.

C. Right to Modify Services: CCA may at any time, without notice or liability, add a Service, change or eliminate any Service or any content or feature of the Services, restrict the use of any portion of the Services, or change the price of any Service. Customer’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.

D. Prohibited Uses: Customer agrees that it will not (and will not permit others) to: (1) use ‘robots’ ‘spiders,’ ‘web crawlers’ or other automated or robotic devices to scrape, collect or otherwise harvest information of any kind; (2) intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority; (3) use or access the Services outside the United States; (4) perform any action that could result in excessive usage that adversely impacts the performance of the Services for other users; (5) decompile, reverse engineer, or disassemble the Services; (6) use the Services to engage in any disparagement, defamation, libel or slander of CCA, any of its members, or any third party; (7) submit incorrect Payment Data with the intent to cause harm to another Customer or third party or where through Customer’s actions, whether intentional, willful, or grossly negligent, cause CCA to report misleading, fraudulent, or otherwise inaccurate information by and through its Services; or (8) use the Services in any way that violates these Member Terms and Conditions, policies posted on the CCA website, or codes of conduct or acceptable use provided by CCA.

Any violation of the above may, in CCA’s sole discretion, result in immediate restriction, suspension, or termination of Customer’s use of the Services, without recourse or advance notice.

E. Further Restrictions on Use: In consideration for Customer’s right to access and otherwise use the Services and in addition to any other restrictions set forth in these Member Terms and Conditions, Customer expressly warrants that the Services: (1) will be used solely (i) to review Customer’s own business credit report, (ii) in connection with a present or prospective credit or financial transaction with another business entity inquired upon, or (iii) for other legitimate commercial purposes, and will be used for internal uses only and will not be resold, shared with other entities, or used for testing to create competitive, commercial products or services to those of CCA or its Affiliates and technology partners;

(2) will not be used as a factor in establishing an individual’s eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes;

(3) will not be shared with or access provided to a third party, including but not limited to contractors, vendors, customers, distributors, or any other outside entities; and

(4) will be used in compliance with all applicable laws, regulations, export restrictions, ordinances, anti-trust regulations, and additional use restrictions as may be set forth in these Member Terms and Conditions or applicable to Customer and/or CCA and its Affiliates and partners.

F. Customer Data: Customer has and shall maintain all rights as are required to allow CCA to provide the Subscription Services to Customer as set forth in these Member Terms and Conditions, including without limitation to send the Customer Data to CCA pursuant to these Member Terms and Conditions and to allow CCA to access, use, and store Customer Data to provide the Subscription Services pursuant to these Member Terms and Conditions. Customer is responsible for its legal and regulatory compliance in its use of any Subscription Services and shall make CCA aware of any Customer Data processed, stored, or transmitted through the Subscription Services for which regulations apply. If, in the course of providing Subscription Services, CCA agrees to process such Customer Data and Customer has subscribed to any applicable Subscription Services, CCA shall process it only as permitted under these Member Terms and Conditions and in compliance with data protection legislation to which CCA is subject as a service provider.

3. Warranty Disclaimer and Limitation of Liability.

A. THE SERVICES ARE NOT GUARANTEED, ARE PROVIDED ‘AS IS,’ AND THAT NEITHER CCA NOR ITS AFFILIATES WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM. The information, products and services available by and through the Services may include technical inaccuracies or typographical errors.

B. NEITHER CCA NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR DATA NOR SHALL THEY BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY CCA’S OR ITS SOURCES’ ACTS OR OMISSIONS, WHETHER BASED IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CCA, ITS OTHER CUSTOMERS, OR ITS OR THEIR VENDORS, AGENTS, EMPLOYEES, CONTRACTORS, OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

C. IN NO EVENT SHALL CCA OR ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF CCA AND/OR ITS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.

D. IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, IF LIABILITY CAN BE IMPOSED ON CCA OR A CCA AFFILIATE, THEN CUSTOMER AND CCA AGREE THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER IN CONNECTION WITH THESE MEMBER TERMS AND CONDITIONS OR THE SERVICES, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO CCA BY CUSTOMER FOR THE AFFECTED SERVICES IN THE PRECEDING TWELVE (12) CALENDAR MONTHS OR $1,000, WHICHEVER IS GREATER.

E. Risk Assessment Information and Credit Reports contain aggregated Payment Data. CCA is not the source of Payment Data, nor has it verified that it has been reported accurately and is free from defect, whether in its reporting to CCA or in CCA’s compilation of it into Risk Assessment Information and Credit Reports. Before relying on any Risk Assessment Information or Credit Report, it should be independently verified. Customer acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at Customer’s sole risk.

4. Indemnification

A. Indemnification: Customer shall defend, indemnify and hold harmless CCA and its affiliates, officers, agents, employees, representatives, contractors, assignees and/or designees (“CCA Indemnified Parties”) from any and all liability, actions, claims, demands or suits, and all related costs, attorneys’ fees, and expenses (“Claim”) brought against any CCA Indemnified Party by a third party arising out of or relating to: (1) the use or misuse of the Services by Customer; (2) Customer’s provision of any Payment Data shared with CCA for use in the Services; (3) Customer’s breach of these Terms and Conditions; (4) Customer’s violation of any third-party intellectual property rights; (5) Customer’s violation of any data privacy and/or protection rule or regulation, confidentiality agreement, or other privacy and data protection obligations to which Customer may be bound, including but not limited to those placed on Customer pursuant to these Member Terms and Conditions. Customer shall cooperate with CCA in defending against such Claim, at Customer’s expense, and shall not settle any such Claim without the express approval of CCA.

5. Term & Termination

A. Term of Agreement: These Member Terms and Conditions commence as of the date accepted by Customer and continue until otherwise terminated, by written agreement of the parties or upon the expiration of the last Subscription Term or renewal thereof.

B. Renewal of Subscription Services: Except as otherwise specified in the applicable Order, the Subscription Services shall automatically renew for successive periods equal to the initial period of purchase (e.g. 1 year, 6 months, unless and until terminated by either party in accordance herewith or unless either party provides written notice of non-renewal to the other party at least seven (7) days prior to the end of the then-current Subscription Term. CCA may increase pricing applicable to the renewal of any then-current Subscription Term by providing Customer with notice thereof, including by email, at least thirty (30) days prior to the end of such term.

C. Termination: A party may terminate these Member Terms and Conditions and Customer’s Order for cause (i) upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such same 30-day period, or (ii) automatically if the other party becomes the subject of a petition in bankruptcy or other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Upon termination of an Order for cause by Customer and upon Customer’s written request, CCA shall refund, on a pro rata basis, any fees paid thereunder that cover the remainder of the applicable Subscription Term after the effective date of termination. Upon termination of an Order for cause by CCA, all amounts owed by Customer thereunder shall become due and payable. In no event shall any termination relieve Customer of the obligation to pay all fees payable to CCA for the period prior to the effective date of termination. Upon termination of an Order or these Member Terms and Conditions for any reason, Customer’s right to access and use the Subscription Services (including any Ancillary Programs) terminates. Upon such termination, Customer must (a) immediately destroy all copies of the Ancillary Programs, and (b) immediately and, upon CCA’s request, CCA written certification of such destruction.

D. Data Portability and Deletion: Upon request made by Customer within 7 days of termination or expiration of the Subscription Services, CCA will make Customer Data available to Customer for export or download At the end of such 7-day period, CCA will delete or otherwise render inaccessible any Customer Data, unless legally prohibited. CCA has no obligation to retain the Customer Data for Customer purposes after this 7-day post termination period.

6. Payment of Fees

A. Fees: Customer will be responsible for paying the fees that are displayed when making an Order for Services (“Fees.”) Fees are subject to change or as updated by CCA from time-to-time, provided, however, that updates to Fees for Subscription Services shall not be applied until the end of the then-current Subscription Term as set forth in Section 5a. Fees are based on Services purchased, regardless of usage. All Subscription Services shall be deemed accepted upon delivery. The Subscription Services purchased cannot be decreased during the relevant Subscription Term. Payment obligations are non-cancelable, and fees paid are non-refundable. All amounts payable under these Member Terms and Conditions will be made without setoff or counterclaim, and without any deduction or withholding.

B. Invoicing and Payment: Except as otherwise stated in the applicable Order, Customer agrees to pay all invoiced amounts upon acceptance of the Order. If Customer fails to pay any amounts due under Member Terms and Conditions by the due date, in addition to any other rights or remedies it may have under these Member Terms and Conditions or by matter of law (i) CCA reserves the right to suspend the Subscription Services upon thirty (30) days’ notice, until such amounts are paid in full, and (ii) CCA will have the right to charge interest at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law until Customer pays all amounts due, together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by CCA in collecting such overdue amounts or otherwise enforcing CCA’s rights hereunder; provided that CCA will not exercise its right to charge interest if the applicable charges are under reasonable and good faith dispute and Customer is cooperating diligently to resolve the issue.

C. Sales tax: In certain jurisdictions, sales tax at state and local rates may apply, in which case Customer may be charged the applicable taxes (at the highest local rate in Customer’s state of incorporation) in addition to the monthly fee and/or price for the Services. The list of taxable states is available on the account registration page. CCA does not have an online method to claim tax exempt status. If Customer is tax exempt, it can apply to be exempted from paying sales tax on future purchases. Please email CCA a completed and signed “State Sales Tax Exemption Form” to [email protected]. We’ll notify Customer within 2 business days of its account status. CCA cannot refund tax paid on previous purchases. Tax exempt Customers may file for a refund of taxes on previous purchases with their state, using a receipt from us to show the Customer has paid tax. CCA cannot assist Customer in filing these forms with its state.

D. Refunds: Except as set forth in these Member Terms and Conditions, refunds are not available unless approved by CCA in its sole discretion.

7. The Services

A. Provision of the Services: CCA will make the Subscription Services available to Customer pursuant to these Member Terms and Conditions and the relevant Order Form during the Subscription Term, solely for Customer’s internal business purposes. CCA’s Affiliates and its Authorized Contractors may perform certain aspects of the Services and access Customer Data provided that CCA remain fully liable for same and responsible for ensuring that any of CCA’s obligations under these Member Terms and Conditions performed by its Affiliates and its Authorized Contractors are carried out in accordance with these Member Terms and Conditions. Customer’s Affiliates and its Authorized Contractors may access certain aspects of the Services provided that Customer remains fully liable for same and responsible for ensuring that any of Customer’s obligations under these Member Terms and Conditions performed by its Affiliates and its Authorized Contractors are carried out in accordance with these Member Terms and Conditions. Customer's use of the Subscription Services includes the right to access all functionality available in the Subscription Services during the Subscription Term. So long as CCA does not materially degrade the functionality of the Subscription Services during the applicable Subscription Term (i) CCA may modify the systems and environment used to provide the Subscription Services to reflect changes in technology, industry practices and patterns of system use. Subsequent updates, upgrades, enhancements to the Subscription Services made generally available to all subscribing customers will be made available to Customer at no additional charge, but the purchase of Subscription Services is not contingent on the delivery of any future functionality or features. New features, functionality or enhancements to the Subscription Services may be marketed separately by CCA and may require the payment of additional fees. CCA will determine, in its sole discretion, whether access to such new features, functionality or enhancements will require an additional fee.

B. Ancillary Programs: As part of the Subscription Services, CCA may provide Customer with access to download certain Ancillary Programs for use with the Subscription Services. CCA grants Customer during the Subscription Term a non-exclusive, non-transferable non-assignable, limited licensed to use such Ancillary Programs in object code (machine readable) format only on each site hosted by CCA under an Order for Subscription Service to facilitate Customer access to, operation of, and/or use of the Subscription Services subject to the terms of these Member Terms and Conditions. Ancillary Programs shall only be used to upload, download and synchronize files between Customer’s computer or other Customer owned or controlled devices and the Subscription Services. If and to the extent applicable, nothing in these Member Terms and Conditions is intended to change or restrict the terms of any public (or open source) license. Any software code contained in Ancillary Programs which is licensed under a public software license is licensed under the terms and conditions of the third-party license applicable to such software code. In each such case, the licensed rights to such software code are determined by the applicable public software license, not these Member Terms and Conditions.

C. Accounts: Some Services may require separate registration and logins for the creation of an account (“Account.”) Customer is responsible for providing all information necessary for such registrations, for protecting the confidentiality of its users’ identification and/or passwords for accessing any of the Services, and for all use of Customer’s Accounts, whether expressly authorized by Customer or not. For the avoidance of doubt, CCA may, in its sole discretion, terminate any Account, with or without notice, for any or no reason whatsoever, and without any right of recourse by Customer, including but not limited to a real or suspected violation of these Member Terms and Conditions. Customer agrees that it shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify CCA promptly of any such unauthorized access or use.

D. Customer Obligations:

(1) By registering for the Subscription Services, Customer will have access to business debtor databases and credit information containing Risk Assessment Information. CCA agrees that where Payment Data has been disclosed by Customer, CCA will not directly disclose the identity of the reporting entity without that party’s written consent or where required to perform the Services, and Customer agrees to not attempt to derive the identity of any entity who has reported Payment Data from any Risk Assessment Information or Credit Report.

(2) Customer agrees to promptly respond to any CCA inquiries regarding the Payment Data Customer provides to CCA.

(3) Customer also agrees that by registering for the Services, Customer shall be listed in the CCA member directory, through which other customers may contact it directly to obtain references about businesses seeking credit. When interacting with other customers, Customer does so at its own risk, and CCA shall have no liability to Customer for any interactions with other CCA customers. Customer warrants that in no event shall its interactions with other CCA customers violate any requirement of confidentiality or rule, regulation or law, including but not limited to anti-trust and data protection regulations.

(4) Customer agrees to share Payment Data, including such data from its Affiliates, with CCA no later than the 20th of each month for the month prior. If CCA does not receive Customer’s Payment Data by the aforementioned deadline, then CCA reserves the right to suspend Customer’s access to and use of the Subscription Services, without recourse, until such Payment Data is provided. Customer agrees to continue to pay any Fees due during any applicable suspension period.

(5) Customer agrees that CCA may transfer Payment Data to CCA Affiliates and partners to be included in payment performance tools and ledgers maintained by CCA and/or CCA Affiliates and partners. Such inclusion may result in the Payment Data being integrated, combined with, and analyzed alongside other data held by CCA and/or CCA Affiliates and partners for use in wider products and services (including business credit reports,) which CCA and/or its partners and CCA Affiliates may sell or otherwise commercialize. In exchange, Customer will receive greater matched and enhanced Risk Assessment Information and Credit Reports.

(6) Customer acknowledges that it is required to share Payment Data for the purpose of enabling CCA and its partners and Affiliates to provide credit, financial and business information to their respective customers and to act as credit and business reference agency offering business information globally. Customer acknowledges that CCA and its partners and Affiliates have a legitimate interest for doing so as it will serve to benefit the economy by assisting businesses to make financial decisions and manage business risks and to facilitate informed decision making regarding other businesses. In light of the foregoing, where shared Payment Data is missing details, such as address or contact information, CCA reserves the right to update such data. CCA shall not be held liable for data that CCA updates incorrectly, inaccurately, or insufficiently.

(7) By sharing Payment Data, Customer warrants that Payment Data complies with the relevant provisions of any relevant data protection legislation, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”), and that Customer has all necessary approvals, licenses, and consents in place to share the Payment Data with CCA and its partners and affiliates, and Customer further warrants that CCA and its partners and affiliates may use the Payment Data for the purposes outlined herein. Customer will indemnify CCA and its partners and Affiliates from and against all and any losses, costs, damages, claims or demands it or they may suffer or incur as a result of Customer’s breach of the aforementioned warranties.

(8) Customer grants CCA a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, transferable, sub-licensable license to use and share its Payment Data as CCA deems necessary to: (i) provide current and future Services to Customer and other customers, (ii) to share with third parties in CCA’s sole discretion for the third parties’ use (provided that Customer is not directly identified as the source of the Payment Data), (iii) for promotional marketing purposes (provided that Customer is not directly identified as the source of the Payment Data), (iv) with CCA third- party service providers to improve and deliver the Services provided that Customer is not directly identified as the source of the Payment Data, (v) data management, and (vi) to facilitate a potential or actual ownership change in CCA. This license shall survive any termination, cancellation or expiration of Customer’s use of the Services.

E. Data Pseudo anonymization and Confidentiality: CCA agrees that all Payment Data provided by the Customer shall be pseudo anonymized in such a way that the Customer's identity is not directly disclosed as the direct source of the Payment Data. Notwithstanding the foregoing, CCA and its Affiliates and partners shall not be held liable in the event that a third party is able to determine Customer’s identity as the source of the Payment Data through no fault of CCA in breach of these Member Terms and Conditions. Specifically:

(1) Pseudo anonymization: CCA will ensure that any Payment Data submitted by the Customer is processed and pseudo anonymized to remove any directly identifying information, including but not limited to the Customer’s name, contact details, and any other data that could reasonably lead to the identification of the Customer as the source without recompilation with another data set or from identifying a specific AR trade line amount reported by Customer.

(2) Data Aggregation: Any Payment Data used for reporting, analysis, or any other purpose will be aggregated with Payment Data from other sources in a manner that further ensures the Customer's pseudo anonymity.

(3) Confidentiality: CCA shall treat all Payment Data with industry-standard levels of confidentiality and will implement appropriate technical and organizational measures to protect against unauthorized access, disclosure, alteration, or destruction of the data.

F. Single, Bulk Reports: Customers may purchase single credit reports or credits for bulk credit reports. CCA reserves the right to offer discounts for the purchase of bulk reports or credits towards future credit report purchases or otherwise change the fees associated with credit reports at any time. Where a Customer has purchased credits, CCA will only debit the credits available in the event CCA has a credit report available for the debtor on whom Customer desires to obtain a credit report. Any unused credits will expire one (1) year after the date of purchase and are not refundable or able to be exchanged for cash or other Services.

G. FCRA Applicability: The information provided by CCA or its other customers does not constitute a “consumer report” as that term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA), and may not be used in whole or in part as a factor in determining eligibility for personal credit, insurance, employment or another permissible purpose under the FCRA. CCA only accepts, stores, and distributes data on commercial entities. It is the policy of CCA to view sole-proprietors, single-shareholder corporations, single-member partnerships and single-member companies as commercial entities and not as individuals or consumers.

8. Confidentiality

A. Sharing of Customer Data: CCA does not share Customer Data, excluding Risk Assessment Information and Payment Data with third parties, except for with CCA technology partners, and other vendors in order to provide the Services and in accordance with applicable law. CCA will not sell Customer Data to third parties. Refer to CCA’s Privacy Policy for additional information regarding the collection, storage, and use of personally identifiable information. For the avoidance of doubt, CCA may also use Customer Data for, but not limited to, the following purposes: (i) to provide Customer with information, products or services Customer requested; (ii) as permitted in CCA’s Privacy Policy; (iii) for internal product development and to improve the products and Services offered or provided; (iv) to troubleshoot problems with the Services; (v) for billing for the Services, fraud prevention, and to enforce these Member Terms and Conditions or to otherwise enforce CCA’s rights and remedies under applicable law; (vi) to customize Customer’s experience using the Services; (vii) to provide sales information to a referral partner or Affiliate whose link Customer used to access the Services; or (viii) to protect CCA and the Services from actual or threatened harm.

CCA reserves the right to disclose Customer Data (i) if required to do so by law or legal process; or (ii) if necessary or appropriate to protect or defend the rights or property of CCA. Without limiting the foregoing, CCA has the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity or other information of anyone using the Services. CUSTOMER WAIVES AND HOLDS HARMLESS CCA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CCA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CCA OR LAW ENFORCEMENT AUTHORITIES.

B. Definition of Confidential Information: "Confidential Information" means all confidential or proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or reasonably should be understood to be confidential given the nature of information and the circumstances of disclosure. Without limiting the coverage of these confidentiality obligations, the parties acknowledge and agree that Confidential Information of each party shall include the terms and conditions of these Member Terms and Conditions (including pricing and other terms set forth in all Order Forms hereunder), related benchmark or similar test results, other technology and technical information, security information, security audit reports, and business and marketing plans, except that CCA may reference and use Customer’s name, logos and the nature of the Services provided hereunder in CCA’s business development and marketing efforts.

C. Exceptions: Confidential Information shall not include information that (i) is or becomes publicly available without a breach of any obligation owed to the Disclosing Party, (ii) is already known to the Receiving Party at the time of its disclosure by the Disclosing Party, without a breach of any obligation owed to the Disclosing Party, (iii) following its disclosure to the Receiving Party, is received by the Receiving Party from a third party without breach of any obligation owed to Disclosing Party, or (iv) is independently developed by Receiving Party without reference to or use of the Disclosing Party’s Confidential Information.

D. Protection of Confidential Information. The Receiving Party shall use the same degree of care used to protect the confidentiality of its own Confidential Information of like kind (but in no event less than reasonable care), and, except with Disclosing Party’s written consent, shall (i) not use any Confidential Information of Disclosing Party for any purpose outside the scope of these Member Terms and Conditions and (ii) limit access to Confidential Information of Disclosing Party to those of its and its Affiliates and its and their contractors, employees, contractors and agents who need such access for purposes consistent with these Member Terms and Conditions and who have a duty or obligation of confidentiality no less stringent than that set forth herein.

E. Compelled Disclosure: The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent required by applicable law, regulation or legal process, provided that the Receiving Party (i) provides prompt written notice to the extent legally permitted, (ii) provides reasonable assistance, at Disclosing Party's cost, in the event the Disclosing Party wishes to oppose the disclosure, and (iii) limits disclosure to that required by law, regulation or legal process.

F. Customer acknowledges that the data contained in Services it receives from CCA under these Member Terms and Conditions include non-public information about businesses and, as such, Customer agrees that it will maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.

9. AI Terms

A. AI-Generated Content, AI Input, AI Output: AI Input and AI Output are Customer Data. Customer is solely responsible for the AI Input. Any AI Input that violates any CCA policy, infringes third-party rights, contains personal information which was obtained and/or is used in violation of any applicable data privacy law, any other applicable law, the AI User Information and Policy, or these Member Terms and Conditions is prohibited and shall not be used with Services. CCA may block AI Input, disable AI Output or the AI Features or the related Service(s), if CCA in its sole discretion believes such violation has occurred or is imminent. Customer may not use the AI Output to directly or indirectly train, test, or otherwise improve any AI or machine learning systems. CCA may use technologies, including those of third parties, to screen for and block AI Input and AI Output for such violations.

B. CCA’s Use of AI Technologies: CCA may utilize AI technologies to support and enhance its Services. These uses may include but not be limited to: (i) Software development to improve platform functionality and user experience, (ii) Database structuring and optimization for faster and more reliable data access, (iii) Data analysis and insights to better understand usage patterns and improve member services, and (iv) Chatbot tools and automated responses to assist with user inquiries and service delivery.

CCA will implement AI tools in a manner consistent with applicable laws and industry best practices. Any data processed through AI systems is handled securely and, where applicable, anonymized or aggregated to protect individual privacy.

By using CCA’s Services, Customer acknowledge and consent to the use of such technologies, understanding that: (i) AI-generated outputs may not always be error-free or contextually complete; (ii) Human oversight is maintained where decisions could significantly impact users; and (iii) AI is used as a support tool and not a substitute for regulatory compliance or fiduciary duties.

10. Property Rights

A. Subscription Services: Except for the rights expressly granted under these Member Terms and Conditions, CCA and its licensors retain all right, title and interest in and to the Subscription Services a, including all related intellectual property rights therein. CCA reserves all rights in and to the Subscription Services not expressly granted to Customer under these Member Terms and Conditions. Customer will not delete or in any manner alter the copyright, trademark, and other proprietary notices of CCA.

B. Ancillary Programs, Third Party Tools: The Subscription Services (including Ancillary Programs) may interoperate with certain Third-Party Tools, such as software products, including open-source software and APIs, owned by third parties and licensed directly to the Customer by such third party. Such Third Party Tool(s) are provided to the Customer without liability or obligation by CCA and are subject to the applicable provider’s terms and conditions and any such terms and conditions associated with such use are solely between Customer and such third party provider. CCA does not provide any support services for Third Party Tools. Customers are responsible for verifying the accuracy of any Payment Data sent through a Third Party Tool, including APIs.

11. Choice of Law, Venue, and Dispute Resolution

A. Dispute: Disputing a Credit Report: To dispute a Credit Report, Customer may request an investigation by contacting an CCA representative using the phone number listed on the CCA Website or by using the online form posted in the ‘Help / Contact us’ section at the top of cannabizcredit.com.

Except where required by law or if agreed by the Customer or third-party reporter of the Payment Data (“Reporting Party,”) CCA will not identify the Reporting Party to a Customer who disputes a Credit Report. Notwithstanding the foregoing, Reporting Party hereby agrees to provide any and all assistance requested by CCA in resolving any dispute, including the production of reports or other records demonstrating the veracity of the Payment Data provided that forms the basis of the Credit Report. CCA reserves the right to update or otherwise modify any disputed Credit Report, in its sole discretion, based on the information received from the Reporting Party and cannot be held liable for any incorrect reports or damages that may arise therefrom, including but not limited to loss of profit or reputational harm.

The dispute process shall not be abused, and Customer shall be restricted from making further disputes where, in CCA’s sole discretion, such disputes are baseless.

In no event shall Customer contact another CCA Customer to request modification or removal of Payment Data in a disputed report without first obtaining CCA’s approval.

B. Choice of Law & Venue: These Member Terms and Conditions shall be governed and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. Any civil action or legal proceeding arising out of or relating to these Member Terms and Condition shall be brought in the courts of record of the State of Delaware in Newcastle, Delaware. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Notwithstanding the foregoing, the parties acknowledge that any unauthorized disclosure of Confidential Information or any actual or alleged infringement of such party’s or third party’s intellectual property rights might cause the other party to suffer irreparable harm for which damages would be an inadequate remedy and that, in such event, the aggrieved party may seek, in addition to any other available remedies, injunctive and other equitable relief in any state, federal, or national court of competent jurisdiction, without bond and without the necessity of showing actual monetary damages. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Member Terms and Conditions.

C. Waiver of Jury Trial: Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Member Terms and Conditions.

12. Miscellaneous

A. Waiver: The failure by CCA to require performance of any provision in these Member Terms and Conditions shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by CCA of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself.

B. Force Majeure: Neither party shall be liable under these Member Terms and Conditions for delays or failures to perform the Services or these Member Terms and Conditions due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, natural catastrophe, government legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. The delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. If the force majeure event continues for more than thirty (30) calendar days, then either party may terminate these Member Terms and Conditions upon written notice to the other party.

C. Entire Agreement: These Member Terms & Conditions, the Privacy Policy, and other terms and policies posted for the Website and Services (including the Website Terms and Conditions) constitute the entire agreement between CCA and Customer in connection with the Services and supersede any prior versions of the Terms and Conditions. The Member Terms and Conditions are effective until replaced by CCA or termination of Customer’s use of the Services. In the event of a conflict between any other notice, policy, disclaimer or other term contained on the Website, these Member Terms and Conditions will control.

D. Survival: Section 11 (Property Rights), 8 (Confidentiality), 3 (Warranty Disclaimer and Limitation of Liability), 4 (Indemnification), 11 (Choice of Law and Venue) and 12 (Miscellaneous) and any other rights and obligations of the parties hereunder that by their nature are reasonably intended to survive termination or expiration, shall survive any termination or expiration of these Member Terms and Conditions.

E. Data Retention: Upon termination, Accounts Receivable Information collected related by the CCA for collection will not be returned nor deleted and will remain in possession of the CCA.

F. Enforceability: If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions unless otherwise restricted by law.

G. Headings: The section headings are for convenience only and do not have any force or effect.

H. Grant of License. Customer grants us an irrevocable, worldwide, royalty-free, non-exclusive license to use any representative’s name, voice, likeness, image, statements and any testimonial made by Customer or a Customer representative in any and all media (whether now known or hereinafter invented) as well as an irrevocable, worldwide, royalty-free, non-exclusive license to use Customer’s tradename, trade dress, and logo for the purposes of marketing of the CCA Services, including but not limited to in any case study or representative customer list.

I. Anti-Corruption: Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of the other party’s employees or agents in connection with these Member Terms and Conditions. If a party learns of any violation of the above restriction, such party will use reasonable efforts to promptly notify the other party.

J. Subscription Service Analyses: CCA may (i) compile statistical and other information related to the performance, operation and use of the Subscription Services, and (ii) use, and share data from the Subscription Services environment in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as ‘Subscription Service Analyses”). Subscription Service Analyses will not incorporate any information, including Customer Data, in a form that could serve to identify Customer or an individual. CCA retains all intellectual property rights in Subscription Service Analyses.

K. Relationship of the Parties: The parties are independent contractors. These Member Terms and Conditions do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

L. Assignment: Neither party may assign its rights and obligations hereunder, either in whole or in part, whether by operation of law or otherwise, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign these Member Terms and Conditions in its entirety (including all Orders), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. Subject to the foregoing, these Member Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

M. No Third-Party Beneficiaries: There are no third-party beneficiaries to these Member Terms and Conditions.

N. Change Log (Last Updated):

v.17OCTOBER, 2024