CreditApp Terms of Use (Customer)

The following terms of use (the "Terms of Use") govern your access to and use of our online solution designed to help match individuals seeking loans with organizations seeking to fund such loans, as applicable, currently made available through our website located at creditapp.ca (the "CreditApp Website" and such solution, the "CreditApp Solution"). These Terms of Use form an agreement between Credit App Technologies Inc. ("CreditApp", "us", "we", "our") and you. The term "you" refers to the person or entity accessing or otherwise using the CreditApp Solution ("use" or "using" in these Terms of Use will mean any of the foregoing).

BY SIGNING UP, CREATING AN ACCOUNT, CLICKING THE REFERRAL LINK SENT TO YOU OR USING THE CREDITAPP SOLUTION, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE CREDITAPP SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ACTING SOLELY TO MATCH INDIVIDUALS SEEKING LOANS WITH ORGANIZATIONS SEEKING TO FUND SUCH LOANS (SUCH ORGANIZATIONS, "LENDERS") AND: (I) WE ARE NOT RESPONSIBLE FOR ANY REPRESENTATION THAT HAS BEEN MADE TO YOU BY ANY THIRD PARTY RELATED TO OR THROUGH OR OUTSIDE THE CREDITAPP SOLUTION, INCLUDING REPRESENTATIONS MADE BY LENDERS OR BUSINESSES ATTEMPTING TO OBTAIN FINANCING FROM LENDERS ON YOUR BEHALF ("BUSINESSES"); (II) WE ARE UNDER NO OBLIGATION TO ENSURE THAT YOU RECEIVE APPROVALS FOR ANY LOAN; AND (III) BUSINESSES MAY HAVE PROVIDED US WITH INFORMATION THAT YOU HAVE PROVIDED THEM, INCLUDING PERSONAL INFORMATION ABOUT YOU, AND AGREE THAT WE WILL HAVE NO LIABILITY IN CONNECTION WITH WHETHER SUCH BUSINESSES HAVE OBTAINED VALID AND INFORMED CONSENT FROM YOU TO PROVIDE US WITH THAT INFORMATION. WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO COMPLY WITH YOUR REQUEST TO CORRECT OR DELETE SUCH PERSONAL INFORMATION ABOUT YOU IN ACCORDANCE WITH OUR PRIVACY POLICY REFERENCED IN SECTION 3 (PRIVACY).

1.Changes to these Terms of Use and CreditApp Solution

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the CreditApp Website. It is your obligation to monitor the CreditApp Website for any such changes. Your continued access to or use of the CreditApp Solution after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

2. Consent; Data About You

(a) You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license during the Term to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the CreditApp Solution, and any consumer credit and banking information (including bank statements) that we obtain about you with your consent, including credit reports, (the "User Data"), to: (i) develop, enhance and make available the CreditApp Solution; and (ii) to produce data, information, or other materials that do not contain any Personal Information (such data, information and materials, the "Aggregated Statistical Information").

3. Privacy

(a) You understand that information about identifiable individuals ("Personal Information") will be treated in accordance with our current Privacy Policy, available at creditapp.ca/privacy-policy.

4. Ownership

All rights, title and interest, including intellectual property rights, in the CreditApp Solution, Aggregated Statistical Information and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The CreditApp Solution and all materials provided by us hereunder are made available or licensed and not "sold" to you. All rights not expressly granted to you in these Terms of Use are reserved.

5. User Account for CreditApp Solution

To access certain features of the CreditApp Solution, you may be required to successfully sign up for a user account using the available interfaces of the CreditApp Solution and create a username and password login credentials (the "User ID"). If you create a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the CreditApp Solution.

6. Bank Aggregation

CreditApp leverages 3rd parties to provide aggregated historical bank transaction information. It is the consumer’s responsibility to review their agreements with the other financial institutions to determine: if the consumer is permitted to provide their login information; what the consequences of disclosure of login information may be; and the liability that may result from the disclosure of login information.

7. No Unlawful or Prohibited Use

You will not use the CreditApp Solution in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the CreditApp Solution for any purpose other than to provide the required information and to obtain information regarding your loan. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the CreditApp Solution any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;

(b) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the CreditApp Solution (e.g., a denial of service attack);

(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the CreditApp Solution or any part thereof or otherwise attempt to discover any source code;

(e) use the CreditApp Solution for the purpose of building a similar or competitive product or service; or

(f) use the CreditApp Solution for the purpose of providing or obtaining information on behalf someone other than yourself.

8. Third Party Content, Websites or Services

The CreditApp Solution may provide links or access to third party content, websites, or services, including content, websites, or services from Businesses and Lenders. Likewise, we may allow you to access the CreditApp Solution from third party systems. CreditApp does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under CreditApp's control, and if you choose to access any such content, websites, or services, or to access the CreditApp Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

9. Malicious Code

The downloading and viewing of content is done at your own risk. We do not guarantee or warrant that the CreditApp Solution is compatible with your computer system or that the CreditApp Solution, or any links from the CreditApp Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the CreditApp Solution.

10. Communications Not Confidential

We cannot and do not guarantee the confidentiality of any communications made by you through the CreditApp Solution, including communications with Businesses or Lenders. While we strive to protect your information, we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the CreditApp Solution. You acknowledge that data transmitted over the Internet or public networks in connection with your use of the CreditApp Solution, including sensitive financial information, may be at risk and such risk is entirely your own.

11. Disclaimer

THE LAWS OF SOME JURISDICTION MAY PROHIBIT DISCLAIMERS OR LIMITS OF LIABILITY. IF YOU ARE IN SUCH JURISDICTION, SOME OR ALL OF THE FOLLOWING DISCLAIMER AND LIMITS OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:

(A) THE CREDITAPP SOLUTION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE CREDITAPP SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE CREDITAPP SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

(B) WE ARE NOT, AND CANNOT BE, RESPONSIBLE FOR PERFORMANCE OF ANY SERVICES MADE AVAILABLE TO YOU, INCLUDING ENSURING THAT: (I) YOU ARE MATCHED WITH LENDERS; (II) INFORMATION MADE AVAILABLE TO YOU, INCLUDING REGARDING YOUR LOANS ARE ACCURATE OR COMPLETE; (III) ANY INFORMATION SENT TO LENDERS IS SENT IN A TIMELY OR COMPLETE MANNER; OR (IV) THE TERMS OF ANY LOAN PROVIDED TO YOU ARE APPROPRIATE FOR YOU, REASONABLE OR LEGAL. IT IS YOUR RESPONSIBILITY TO CONDUCT YOUR OWN DILIGENCE AND TO SEEK APPROPRIATE FINANCIAL ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE CREDITAPP SOLUTION OR THESE TERMS OF USE.

FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE CREDITAPP SOLUTION EXCEED $100CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

13. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

(a) your breach of any provision of these Terms of Use or any documents referenced herein;

(b) your violation of applicable laws or the rights of a third party (including intellectual property rights);

(d) your use of the CreditApp Solution.

14. Term and Termination; Survival

(a) These Terms of Use will commence on the day you first use the CreditApp Solution and will continue into force until terminated by either party (the "Term"). Either party may terminate these Terms of Use as follows: (i) we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the CreditApp Solution; (ii) you may terminate these Terms of Use at any time and with immediate effect by informing CreditApp (by email or, if available, through any then-available interfaces on the CreditApp Solution) that you no longer wish to use the CreditApp Solution and ceasing use of the CreditApp Solution. For greater certainty, if you continue to use any portion of the CreditApp Website that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.

(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (Ownership), 7 (Third Party Content, Websites or Services), 8 (Malicious Code), 9 (Communications Not Confidential), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13(b) (Survival), and 14(General Provisions).

15. General Provisions

(a) Choice of Law.

Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein and such laws apply to your access to or use of the CreditApp Solution, notwithstanding your domicile, residency or physical location. You will only use the CreditApp Solution in jurisdictions where the CreditApp Solution may lawfully be used. You agree that all disputes arising out of or relating to these Terms of Use, your use of the CreditApp Solution or any loan provided to you arising out of or relating to your use of the CreditApp Solution, except for disputes arising out of or relating to the operation of the CreditApp Solution, will be between either: (i) you and the Business facilitating your loan application through the CreditApp Solution; or (ii) you and the applicable Lender interacting with your loan application through the CreditApp Solution. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada in all disputes arising out of the operation of the CreditApp Solution.

(b) Entire Agreement.

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the CreditApp Solution. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

(d) Severable.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

(e) Assignment.

You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.