Consumer Services Agreement
Effective Date: November 2023
Thanks for using Plaid Consumer Reporting Agency, Inc. dba Plaid Check (“Plaid CRA”)! Plaid CRA is a consumer reporting agency providing a platform (“Platform”) that allows you to connect your bank accounts and other financial accounts (“Accounts”). As a consumer reporting agency, we obtain data from Accounts you authorize, create consumer reports, and share them with users to approve you for things like credit (“Consumer Report Users”).
This Consumer Services Agreement (“Agreement”) is an agreement between you, a consumer protected by the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. and respective state law, and Plaid CRA. This Agreement contains the terms and conditions under which Plaid CRA may offer consumer reports on you using data you authorize. By accepting this Agreement, you agree to this Agreement and certify that you have all necessary rights to do so.
Please note that this Agreement does not apply to products or services provided by Plaid Inc., nor does this Agreement apply to the services we provide to the developers of apps or Consumer Report Users. Those services are covered by our Developer Terms of Use and other terms.
Control and Responsibilities.
You authorize Plaid CRA, a consumer reporting agency as defined by section 603(f) of the Fair Credit Reporting Act (15 U.S.C. § 1681a(f)) to obtain nonpublic personal information regulated by the Gramm-Leach-Bliley Act and other personal information to create and share consumer reports with Consumer Report Users.
You represent and warrant that you are a sole or joint accountholder and own all funds in any Account for which you provide login credentials. You agree to comply with all laws and regulations applicable to your use of Plaid CRA, as well as any rules and guidelines that we post. You must not (1) use, connect, or provide login credentials for anyone else’s Accounts or related data, (2) submit information to Plaid CRA about anyone else’s identity or Accounts or that violates any third-party rights or (3) use the Platform for any fraudulent, illegal or misleading purpose. You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to the Platform or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of the Platform, (c) rent, lease, provide access to or sublicense any elements of the Platform to a third party or use the Platform on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of the Platform or remove any of Plaid CRA’s proprietary notices, (e) access the Platform for competitive purposes or publish any benchmark or performance information about the Platform, or (f) use the Platform in any manner that could damage, disable, overburden, or impair the functioning of the Platform or interfere with, disrupt or negatively affect other users.
Your rights under this Agreement are subject to verification of your identity. Plaid CRA is under no obligation to provide any services under circumstances where we are unable to verify your identity.
Persons under the age of 18 may not use this Platform. By using this Platform, you represent and warrant that you are 18 years old or older. If you have reason to believe that a person under 18 years of age is using our services, please contact us at PlaidCRA@plaid.com.
US Residents Only. Our services are intended for use only by persons residing in the United States. By using this Platform, you represent and warrant that you are a resident of the United States.
How Plaid CRA Uses Your Data.
Please review our Plaid CRA Privacy Policy to learn how Plaid CRA uses your data, including data related to your Accounts (e.g., your Account login information and transactions information). If you have questions, contact us at PlaidCRA@plaid.com.
Receipt of Electronic Notices.
Plaid CRA may provide notices or communications to you through the phone number you provide us (when applicable), or through the email associated with the Accounts you connect (when available) or provided to us by the Consumer Report User (when applicable). By connecting Accounts with Plaid CRA and engaging with Plaid CRA electronically, you agree to receive notices and disclosures that Plaid CRA is required to provide you electronically, including the Gramm-Leach-Bliley Privacy Notice, and federal and state summaries of rights under consumer reporting laws.
Rights to the Platform.
Note that Plaid CRA owns all right, title, and interest (including intellectual property rights) in and to the Platform and our related websites and technology. If you choose to give us feedback, suggestions, or other inputs about the Platform, we may use them without restriction.
Our Disclaimers.
TO THE EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY USE IS AT YOUR DISCRETION AND RISK. PLAID CRA, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. PLAID CRA DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE.
Liabilities for our Platform. TO THE EXTENT PERMITTED BY LAW, PLAID CRA, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) ONE HUNDRED U.S. DOLLARS (US $100).
Notices.
All notices, requests and other communications to Plaid CRA under this Agreement must be in writing to Plaid Consumer Reporting Agency, Inc., Attention: Legal, P.O. Box 7777 #35278, San Francisco, CA 94120-7775 (with a courtesy copy to legalnotices@plaid.com) and will be deemed given when delivered.
Ending This Agreement.
At any time in its discretion, Plaid CRA may terminate or suspend this Agreement (or your use of the Platform) with or without notice and for any or no reason, including if Plaid CRA suspects that you have violated this Agreement. Plaid CRA will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies Plaid CRA may have. Except for your right to use the Platform, this Agreement will survive any termination.
About This Agreement.
This Agreement may not be transferred or assigned by you without Plaid CRA’s prior written consent. Plaid CRA may assign or transfer this Agreement to its affiliates or in connection with a merger, sale, reorganization or other change of control. In addition, Plaid CRA’s affiliates, contractors and service providers may exercise Plaid CRA’s rights or fulfill its obligations under this Agreement. Waivers must be in writing and no waivers will be implied. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. This Agreement is the final, complete and exclusive agreement between you and us relating the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. In this Agreement, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.
Plaid CRA may modify this Agreement from time to time. Unless we specify otherwise, modifications take effect (and govern future use of the Platform) when we post the modified version. Plaid CRA will use reasonable efforts to notify you of the modifications, and you may be required to agree to the modified version. If you do not agree to the modifications, your sole remedy is to cease using the Platform.