Terms of service
Last updated October 9, 2020
Welcome to Verix!
Arima Technologies, Inc. (dba Verix), with offices at 320 High Street, Palo Alto, CA 94301 (“Verix” or “we”, “us” or “our”) provides its service to You, subject to the following terms and conditions (this “Agreement”), which may be updated from time to time without notice to You. You can review the most current version of the Agreement at any time at www.verixapi.com/terms-of-service. The Verix Platform enables financial institutions (each, an “FI”) to verify the income, identity, employment, and related information about individuals, like You, who seek financing or other business arrangements with such FIs. Verix has a separate contract with FIs to provide such verification services for a fee. You are not required to pay Verix for your use of the Verix Platform. The Verix Platform is located at https://www.verixapi.com, and any related sub-domains, tools and services or through downloadable mobile or other applications through which the Verix Platform is made available by Verix from time to time (the “Website(s)”).
You may be provided with access to the Verix Platform through a FI’s own systems or directly through our Website. The FI which provides you with the link to the Verix Platform or which You otherwise authorize in connection with your use of the Verix Platform, is referred to herein as the “Authorized FI.” In order to enable Verix to provide its services to the Authorized FI and the services contemplated herein, You will need to submit to the Verix Platform various sensitive personal information, including PII, “Your Information”) which will be made available by Verix to the Authorized FI as further set forth herein. Verix will then use that information in order to locate and access your individual income and employment records from payroll providers and related employer services (“Income Information”) and provide Income information to the Authorized FI, and for other uses as set forth in the CONSUMER CONSENT below. The Authorized FI may then make decisions based in part on Income Information. YOU AGREE AND ACKNOWLEDGE THAT VERIX SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT ADVISE YOU OR THE AUTHORIZED FI IN ANY WAY WITH REGARD TO, ANY DECISIONS OR ACTIONS OF THE AUTHORIZED FI IN CONNECTION WITH THE VERIX PLATFORM OR INCOME INFORMATION.
CONSUMER CONSENT. You are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”) so that Verix may, among other things, (i) obtain and provide your income and employment information to the Authorized FI in connection with your application and loan (ii) retain and use Your Information and Income Information for research and development and to create new products and services. You expressly agree that, without limitation, and without the payment of any fees, Verix may use all such content for the purposes set out above.
BEFORE YOU CLICK ON THE “SUBMIT” BUTTON OR SUBMIT ANY OF YOUR INFORMATION, CAREFULLY READ THESE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “SUBMIT” BUTTON OR SUBMITTING ANY OF YOUR INFORMATION, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND GRANTING THE AUTHORIZATION SET FORTH HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK “ACCEPT & CONTINUE”, AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE SERVICES.
1. Verix Platform and your authorization.
1.1 Access and Use. Subject to the terms and conditions of this Agreement, Verix hereby grants to You a limited, non-exclusive, non-transferable right to access and use the Verix Platform, solely for You to submit Your Information in order for Verix to provide the Authorized FI with verification services (“Verification Services”), including locating and accessing Your Income Information from payroll providers and related employer services and to provide Income information to the Authorized FI, and for other uses as set forth in the CONSUMER CONSENT above.
1.2 No Fees. You are not charged by Verix for use of the Verix Platform as set forth herein. Your use of the Verix Platform, however, is subject to provision of access to the Verix Platform, or credentials to access the Verix Platform, to You by the Authorized FI which has agreed to pay fees to Verix for Verification Services enabled by your provision of Your Information.
1.4 Anonymous Data. In order to operate and improve the Verix Platform, and for other related research purposes, Verix may compile and anonymize data concerning your Income Information. The compiled, anonymized data may be used by Verix to conduct certain analytical research, performance tracking, and benchmarking.
2. Representations and Warranties.
2.1 Your Warranties.
a. Your Information Warranty. You represent and warrant that You have the right, including in respect of all applicable data privacy and other laws, to provide Verix access to and use of Your Information, including without limitation, for use in connection with the Verix Platform and to provide services to the Authorized FI.
b. Your Other Representations and Warranties. You represent, warrant and covenant that: (a) You have the full power and authority to enter into this Agreement and to perform its obligations hereunder, without the need for any consents, approvals or immunities not yet obtained; and (b) Your execution of and performance under this Agreement shall not breach any oral or written agreement with any third party or any obligation owed by You to any third party to keep any information or materials in confidence or in trust.
2.2 Disclaimer of Verix Warranties. NO WARRANTY. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, OR AFFILIATED COMPANIES, WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF THE ACCOUNT OR SITE OR INFORMATION CONTAINED IN THE ACCOUNT OR SITE IN ANY WAY. THE ACCOUNT AND SITE ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE.TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
None of Verix or Verix’s affiliates, agents, directors, officers, employees, investors, suppliers or licensors is responsible for any conduct or interactions, whether online or offline, of or between FIs
3. Limitation of Liability.
3.1 Limitation of Liability. NEITHER VERIX NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON IN PROVIDING THE VERIFICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EMOTIONAL DISTRESS DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS SITE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS SITE OR PROVIDED BY US OR THE ACCOUNT PROVIDED AT THIS SITE OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.2 Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 3 AND 4 MAY NOT APPLY TO YOU.
4.1 Termination at Will. Either You or Verix may terminate Your use of the Verix Platform at any time by ceasing to provide or use the Verix Platform, as applicable. You will have the opportunity to review the Income Information before Verix provides it to the Authorized FI. However, please note that once You confirm and submit Your Income Information, Verix may provide the related Verification Services, including Your Information and Income Information, to the Authorized FI without regard to such termination.
4.2 Effects of Termination. Upon termination of this Agreement, Your use of and access to the Verix Platform shall cease.
5.1 Notices. All notices which concern this Agreement shall be given in writing, to the parties herein as follows: Delivery of notice from You to Verix shall be considered effective by sending an e-mail with "Notice" entered into the subject line, sent to email@example.com ; and delivery of notice from Verix to You shall be considered effective by transmission at Your e-mail address as contained in Verix’s records. Any party to this Agreement may change its address for notice purposes, by providing written notice of the change of address to each of the other parties.
5.2 Severability. If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.
5.3 Governing Law. This Agreement and the rights and obligations of the parties to and under this agreement shall be governed by and construed under the laws of the State of California as applied to agreements entered into and to be performed in such State without giving effect to conflicts of laws rules or principles which would apply the laws of any other state or country.
5.4 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to fire, explosion, earthquake, storm, flood or other weather; unavailability of necessary utilities or raw materials; Internet service provider failures or delays, or denial of service attacks; war, civil unrest, acts of terror, insurrection, riot, acts of God or the public enemy; strikes or other labor problems; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement); or any other event beyond the reasonable control of the party whose performance is to be excused.
5.5 Assignment. You may not assign its rights or obligations under this Agreement, whether voluntarily or by operation of law or otherwise, without Verix’s prior written consent. Verix may assign its rights or obligations under this Agreement without Your prior written consent. Any purported assignment or transfer in violation of this section shall be void. Subject to the foregoing restrictions, this Agreement will bind and benefit the parties and their successors and permitted assigns.
5.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral.