Effective Date: May, 2022

Updated Version: December 26, 2023

            TRUV’s TERMS OF USE

Please read these Terms of Use and our Privacy Policy (https://truv.com/legal/privacy-policy) (“Privacy Policy”) (the “Terms of Use”) carefully because they, and this document govern Your use of Truv, Inc. (“Truv”) Services, as defined below. NONE OF THE PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER DISCLOSURE THAT MAY BE AVAILABLE TO YOU AS A MATTER OF FEDERAL OR STATE LAW. PRIOR TO PURCHASING ANY SERVICES, YOU SHOULD REVIEW THE PORTIONS OF THIS AGREEMENT ABOUT THE FAIR CREDIT REPORTING ACT (“FCRA”) FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER DISCLOSURE.

  1. AGREEMENT TO THE TERMS OF USE. By clicking “I agree” (or a similar checkbox or button), or using, or accessing, or any way engaging with the Services, Truv website(s), platform, program interface(s) or mobile application(s), including but not limiting to information, user interfaces, source code, reports, images, products, services, and data (each website, program interface and application referred to herein as the “Platform”), You agree to be bound by and grant agency through this Terms of Use. If You don’t agree to be bound by these Terms of Use, please do not visit (which means Your action of simply browsing or accessing a Product), use, access, or engage in any way with the Services and/or the Platform. Unless You and Truv have entered into a separate written agreement, the Terms of Use constitute the entire and exclusive agreement between Truv and You regarding the use, access and/ or engagement with the Services and/or the Platform.

  1. SERVICES. The Services are designed to allow You to give permission to a third-party (“Permissioned Party”) to receive Your personal employment, payroll, income data, insurance data, tax information, and/or financial information for the purpose of providing the products, services, or insights (e.g. applications, tenant/employment screening, lending, etc.) that You have requested from such Permissioned Party. For such purpose, You appoint and authorize Truv to act as your agent (as described in Section 4 below) to collect Your personal employment, payroll and/or income data, insurance data, financial data, from payroll institutions or employer’s information systems (on Your behalf) and provide it to Permissioned Party(ies) as directed and/or authorized by You pursuant to the terms of this Agreement (the “Services”). The Services include, but are not limited to, verification of income, verification of employment, insurance verification, direct deposit switch, and retrieval of employment, payroll, insurance, financial and income records and other related data, regardless of the manner in which You receive or benefit from the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is performed by us in accordance with this Agreement.

  1. AUTHORIZATION: As needed to provide Services to You, You authorize and instruct Us to obtain and compile Your: (i) non-public personal information, personal information, and/or highly restricted personal information about or concerning You as defined by the Gramm-Leach-Bliley Act; and (ii) other personal information. As such You understand and agree that by accessing Services You are providing “written instructions” in accordance with the FCRA for Us to obtain information about You and You hereby authorize Us to access Your personal information in order to provide the Services.

  1. AGENCY: You hereby appoint and grant authority to Truv to act as your lawful, authorized and empowered agent to access, use and extract Your data in connection with the Services from third-party platform(s) where Your data is stored or maintained.

  1. FAIR CREDIT REPORTING ACT.  Our employment report is a type of “consumer report” as defined by the Fair Credit Reporting Act (the “FCRA”). Following a request by You, we will provide You with free personal employment reports. You can request Your employment report by calling our toll-free number at +1 (855) 730-1221 or emailing us at support@truv.com. By requesting Services, Your further acknowledge receipt and certify that You have received and fully understand the following: (1) You may access a summary of Your consumer rights by  accessing the CFPB recommendations linked herein ; (2) You have certain rights relating to suspected Identity Theft  ; and (3) If You are a User of an Employment Report 
  2. CORRECTING INCORRECT INFORMATION. After reviewing Your personal report, if You believe that any information about You is incorrect, You can contact either Your employer or us to investigate and correct the error. If You choose, we can block access to Your report during any period of dispute or investigation. You may contact us about incorrect information in Your report by calling our toll-free number at +1 (855) 730-1221 or emailing us at support@truv.com.
  3. CHANGES TO THE TERMS OF USE. We may update the Terms of Use from time to time at our sole discretion. If we do, we’ll let You know by posting the updated Terms of Use on the Site. It’s important that You review the Terms of Use whenever we update them or You use, access, or engage with the Platform. If You continue to use, access and/or engage with the Platform after we have posted updated Terms of Use it means that You accept and agree to the changes. If You don’t agree to be bound by the changes, please refrain from using, accessing and/or engaging with the Platform anymore. 

  1. FEEDBACK. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Platform (“Feedback”). If You choose to submit Feedback, You agree that we are free to use it without any restriction or compensation to You. 

  1. ELIGIBILITY. The Platform and the Services provided through it, are only available to individuals that are 18 years old or above. In the event that in Your jurisdiction 18 years old is not consider the age of majority, You could use the Platform only by reading the Terms of Use with and in the presence of Your parent or guardian, and Your parent or guardian accepting the Terms of Use on Your behalf.  Notwithstanding, Truv reserves the right to deny You full or partial access to use, and/or engage with the Platform without any obligation to provide a reason or any notice.

  1. USE AND INTERACTION WITH TRUV PLATFORM. You will interact with the Platform through a software as a service owned by a third party (“Customer”) with whom You have a relationship. Truv does not have control, responsibility nor ownership over the software as a service owned by the Customer nor with Your relationship with the Customer. Additionally, You accept and agree that for the proper performance of the Platform and provision of our Services, You may be asked to share Your credentials with us. Consequently, by using the Platform You expressly (i) confirm that all data accessible through Your credentials belongs to, and is owned by, You, and (ii) consent that You are voluntarily sharing Your credentials with us, and that You are allowing Truv to act as Your agent to (a) use Your credentials to access third-party platforms where Your income and employment data is stored; (b) retrieve Your income and employment data from the third-party platforms where it is stored and share it with Customers as instructed by You; (c) share Your income and employment data for the purposes described in this document and aligned with Truv’s Privacy Policy; (d) allow Customers on Your behalf and pursuant to Your instructions to update Your income and employment data on the third-party platforms where such data is stored; and (e) create a flow of Your income and employment data across the third-party platforms that store it only as instructed by You and when applicable. You confirm that you have the legal capacity to provide and deliver this consent and understand its purpose. You agree to provide true, accurate, complete and current information about Yourself. If any information You provide is untrue, inaccurate, incomplete or not current, or if we believe that such information is untrue, inaccurate, incomplete or not current, we have the right to suspend or terminate Your use of our Service. If You provide any login credentials or similar information so that we may access Your applicable payroll provider and/or employer’s information system on Your behalf at Your direction, You represent that You are authorized to do so and have us (or our agents or subcontractors) do so on Your behalf at Your direction. You agree that we may contact You via any email address or phone number You provide to us in order to provide the Service to You. You understand and agree that we may provide additional products, services, features and/or functionality to You from time to time.

We grant to You a revocable, nonexclusive, non-transferable, royalty free, limited license during the term of this Agreement to use our Service, subject to the terms and conditions of this Agreement and our policies and procedures. We may at any time terminate this license. Neither You nor Your employer nor any user shall have an implied license. We reserve any rights not expressly granted in this Agreement.

  1. OWNERSHIP OF YOUR DATA. You remain the owner of Your data at all times, and the unique way You access the Platform is through the Customer’s software as a service. You have the right to activate or deactivate which Customers can have access to Your data through the Platform. A deactivated Customer will no longer receive Your income, financial, insurance or employment data through the Platform. For the avoidance of doubt, activating or deactivating a Customer does not represent that Truv will no longer retain Your credentials, which are needed to continue providing Your income and employment data, as per Your instructions, to other active or new Customers. We will delete Your Credentials whenever You instruct us to do so by contacting us directly to the email address indicated at the end of this Terms of Use, or when a Customer notifies us that Your relationship with that Customer has been terminated, except in such cases in which Your credentials are still necessary to be shared with other active or new Customers. Additionally, You can delete Your credentials through the Platform. You acknowledge and accept that by deleting Your Credentials we will no longer be enabled to share Your income and/or employment data to any active or new Customers.

  1. CUSTOMER USE OF YOUR DATA. You acknowledge and understand that Your data given to a Customer is ruled by Your relationship with the Customer, and the privacy policies they may have current and valid at that time. Therefore, Truv recommends that You carefully review each Customer’s privacy policy with whom You have a relationship as well as any agreement(s) with them.

Truv provides an integration of the Platform with the Customers and third-party software where the data is stored only as a convenience to You and to as an  endorsement by us of such Customers of third-party software; therefore, You acknowledge that we are not responsible for the contents of the Customers’ software, third-party software and/or any other third-party sites. Furthermore, Truv is not responsible for the acts, omission, negligence of any of the Customers, third-party software where the data is stored or any other third party. Truv does not make any representations regarding the content, accuracy or completeness of the information, materials and/or date thereon or any of the products and/or services provided by the Customers or any third party. However, Truv is committed to use its best efforts to ensure the security of the data for which Truv enters into agreements with each Customer where such requirements are established.

  1. PROHIBITIONS. You agree not to do any of the following:
  1. Use, display, mirror or frame any portion of the Site, Truv’s name, any Truv trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Truv’s express written consent; 
  2. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Truv or any of Truv’s providers or any other third party (including another user) to protect the Site; 
  3. Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third-party web browsers; 
  4. Use any meta tags or other hidden text or metadata utilizing a Truv trademark, logo URL or product name without Truv’s express written consent; 
  5. Use the Site for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 
  6. Impersonate or misrepresent Your affiliation with any person or entity;
  7. Violate any applicable law or regulation; or
  8. Encourage or enable any other individual to do any of the foregoing.

Due to the global nature of the internet, You understand and agree that it is Your responsibility to ensure that Your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.

  1. LINKS TO THIRD PARTY WEBSITES OR RESOURCES. The Site may allow You to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party resources.
  2. Copyright Policy
  1. We expect You to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of Your copyrighted material, please provide us with the following information:
  2.  A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  3. Identification of the copyrighted work or works claimed to have been infringed;
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  5. Your contact information, including Your address, telephone number, and an email address, if available;
  6. A statement by You that You have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to You. We also reserve the right to take other appropriate action against infringers, such as terminating the user's account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:

supprt@truv.com

Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.

  1. WARRANTY DISCLAIMERS. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site. 

  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRUV NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR PROVIDING THE SITE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUV OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL TRUV’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100). 

  1. GOVERNING LAW AND FORUM CHOICE. These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. Any legal action or proceeding arising out of or relating to these Terms or the use of the Site or content contained on the Site will be brought exclusively in the federal or state courts located in Florida and the parties irrevocably consent to the personal jurisdiction and venue therein.
  2. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, IF ARBITRATION IS CHOSEN, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
  3. GENERAL TERMS. If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect. Truv’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision. No waiver of any such right or provision will be effective unless it is in writing and signed by a duly authorized representative of Truv.

  1. CONTACT INFORMATION. If You have any questions about these Terms, please contact Truv at support@truv.com.