Creditsafe USA Inc. End User Terms & Conditions

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  1. Agreement
    • 1.1. This is an Agreement between the undersigned customer (“Customer”) and Creditsafe USA Inc. (“Creditsafe”), a company incorporated in the State of Delaware under registered number 5147355 at the registered address 2711 Centerville Road, Suite 400, Wilmington, DE 19808.
    • 1.2. The Creditsafe Service (“Service”) purchased by Customer from Creditsafe through Rapid Ratings Inc. (“Rapid Ratings”) will consist of the services and/or products detailed in the foregoing Order Form between Customer and Rapid Ratings International, Inc.  (the “Service Order”).
    • 1.3. This agreement between the parties with respect to the Service (“Agreement”) consists of:
      • 1.3.1. the Service Order
      • 1.3.2. these terms and conditions (“General Terms”), and
      • 1.3.3. the Artificial Intelligence Terms and Conditions, attached to these General Terms as Appendix A.
    • 1.4. By signing these General Terms or the Service Order to which the General Terms are attached or by accessing or using the Service, Customer accepts all terms and conditions of this Agreement. Unless otherwise stated in these General Terms, where the terms of the Service Order conflict with the General Terms, the General Terms shall take precedence.
  2. License and Limitations ‍
    • 2.1. Creditsafe grants Customer for the term of this Agreement a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Service solely for Customer’s internal business purposes within the United States of America, subject to all terms and conditions of the Agreement.
    • 2.2. Customer shall only use the Service as expressly permitted under these General Terms. Customer agrees to comply with all applicable federal, state, and local laws in connection with Customer’s use of the Service.
    • 2.3. Customer shall not at any time or to any extent:
      • 2.3.1. sell, transfer, distribute, sublicense, or otherwise commercially exploit the Service, or any part or component of the Service;
      • 2.3.2. Include the Service in any product or service sold by the Customer;
      • 2.3.3. Attempt to gain or permit any unauthorized access to the Service; or
      • 2.3.4. alter, modify, reverse engineer, de-compile or otherwise interfere, or allow any third party to alter, modify, reverse engineer, de-compile, or otherwise interfere with, any element of the Service.
    • 2.4. From time-to-time, Creditsafe may make alterations to the Service. Creditsafe or RapidRatings will take reasonable steps to inform Customer in advance of these changes.
    • 2.5. Upon expiration or termination of the Agreement, all licenses granted to Customer under this Agreement shall immediately terminate and Customer shall make no further use of, and shall return or destroy, any component, property, material, and any other items and/or copies relating to the Service.
  3. Charges and Payment
    • 3.1. In consideration of Creditsafe providing the Service, Customer agrees to pay all sums specified in the Service Order on the times and dates specified therein
    • 3.2. If Customer fails to pay any amount due under the Service Order in relation to the Service, Creditsafe shall have the right to suspend or terminate the Service in accordance with Section 7. In the event the Service is suspended, Creditsafe shall be under no obligation to reinstate the Service or compensate Customer in any way.
  4. Creditsafe‘s Proprietary Rights
    • ‍ 1. Customer acknowledges and agrees that Creditsafe owns all right, title, and interest in the Service and all intellectual property rights related to the Service. Except as expressly stated in these General Terms, the Agreement and Customer’s use of and access to the Service does not grant Customer any right, interest, or title to, or in, any patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses belonging to Creditsafe or Creditsafe’s third-party suppliers.
  5. Additional Restrictions and Obligations
    • 5.1. Customer shall not use any of the information it receives through the Service for any of the following purposes: (1) in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes or in connection with the review or collection of an existing credit account of a consumer; (2) for employment purposes; (3) in connection with a determination of a consumer’s eligibility for a license or other benefit granted by a government agency; (4) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; or, (5) for any other purpose deemed to be a permissible purpose under the Fair Credit Reporting Act.
    • 5.2. Customer shall only take such copies of data obtained via the Service as are reasonably required for the use of the Service in accordance with this Agreement. Customer shall not remove any proprietary notices from the Service, or copies or printouts of data obtained via the Service.
    • 5.3. Unless otherwise detailed within the Service Order, the use of the Service provided under the terms of this agreement is limited to one designated user. The use of the Service by more than one designated user, either simultaneously or otherwise will require the provision of additional licenses.
    • 5.4. Customer shall not share the Service or any information obtained through the Service with any third party. Customer shall be responsible for compliance of its directors, officers, employees, or other representative (“Representatives”) with the terms and conditions of the Agreement in connection with any use of the Service by such Representatives.
  6. Warranties and Limitation of Liability
    • 6.1. The Service and the data obtained via use of the Service is not intended to be used as the sole basis for any decision making and is based upon data which is provided by third parties, the accuracy of which is impossible for Creditsafe to guarantee. While Creditsafe aims to maintain a quality, fully operative service, the Service and third-party services are nonetheless provided on an "as is", as available basis, without warranties of any kind, whether express or implied.
    • 6.2. Creditsafe gives Customer no warranty or assurance about the contents of the Service. While Creditsafe will endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Any use of the Service is at Customer’s own risk.
    • 6.3. SUBJECT TO SECTION 6.5, CREDITSAFE DISCLAIMS ALL LIABILITY IN CONTRACT, NEGLIGENCE, BREACH OF STATUTORY DUTY, OR UNDER ANY INDEMNITY OR OTHERWISE IN CONNECTION WITH THE SERVICE AND THIRD-PARTY SERVICE AND SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, INCLUDING WITHOUT LIMITATION FINANCIAL LOSS: LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OR GOODWILL, LOSS OF ANTICIPATED SAVINGS, INCREASE IN BAD DEBT, AND FAILURE TO REDUCE BAD DEBT.
    • 6.4. WHERE ANY MATTER GIVES RISE TO A VALID CLAIM AGAINST CREDITSAFE, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THE SUM PAID FOR THE SERVICE SUPPLIED UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO WHICH THE CLAIM ARISES.
    • 6.5. Nothing in this Section 6 or any other provision of this Agreement shall seek to exclude or limit liability for death, personal injury or fraudulent misrepresentation.
    • 6.6. Each party to this Agreement warrants that it holds and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.
  7. Termination
    • ‍7.1. If Customer breaches any provision of this Agreement or in the event of Customer’s insolvency or bankruptcy, Creditsafe may, with immediate effect and without notice, suspend access to the Service or terminate this Agreement.
    • 7.2. Upon termination Sections 2.3, 2.5, 3, 4, 6, 7, 8, and 11 shall continue with full force and effect.
  8. Indemnity
    • 8.1. Customer agrees to indemnify, defend and hold Creditsafe, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Creditsafe or its parents, subsidiaries, affiliates, officers or employees in connection with Customer’s or any Representative’s use of the Service in breach of this Agreement.
  9. Assignment
    • 9.1. Creditsafe may assign both the benefit and burden of this Agreement.
  10. Force Majeure
    • 10.1. Creditsafe will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstance beyond Creditsafe’s reasonable control, including without limitation communications outages, Internet outages, fire, flood war or act of God.
  11. Confidentiality
    • 11.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted under this Section 11. No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.
    • 11.2. Each party may disclose the other party's confidential information:
      • 11.2.1. To its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this Section 11;
      • 11.2.2. And as may be required by law, court order or any governmental or regulatory authority.
  12. Data Protection
    • 12.1. The Services are intended for evaluating creditworthiness of businesses. Where, and to the extent Customer accesses or receives any Personal Data (as defined in the EU General Data Protection 2016/679) through its use of or access to the Service, the parties shall be bound by and agree to comply with the data protection and security provisions in this Section 12.1, including those provisions set forth at creditsafe.com/us/en/product/terms/gdpr-terms-and-conditions, which shall be read as a continuation of this Section 12 and shall form an integral part of this Agreement.
  13. Beneficial Owner Data. (If applicable)
    • 13.1. Customer acknowledges and agrees that information from any register of beneficial owner may only be used for internal purposes and for the following purposes, where there is a legitimate interest in accordance with applicable legislation:
      • 13.1.1. by public authorities that require the information as part of their statutory duties;
      • 13.1.2. by obligated entities under applicable EU Anti-Money Laundering legislation, including financial institutions, auditors, lawyers and professional bodies when conducting customer due diligence measures;
      • 13.1.3. by persons or organizations outside the obligated entities who have a demonstrable and legitimate need, for example, media engaged in investigative journalism, civil society organizations focused on preventing money laundering and terrorist financing, or private individuals/companies intending to enter into transactions with the relevant company or organization and therefore require insight into the ownership structure.
    • 13.2. Customer represents and warrants that it will only use information on beneficial owners for the purposes listed in Section 13.1.
  14. International Credit Reports
    • 14.1. Company Credit Reports providing details of companies based outside the United States of America are provided on a subject to availability basis, and the countries from which reports are available may vary throughout the term of this Agreement.
  15. Miscellaneous
    • ‍ 15.1. If any provision herein is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain enforceable, except that if the provision of 16.3 preventing the arbitration of class action matters is deemed unenforceable, the entire arbitration provision shall be considered void.
    • 15.2. The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement.
    • 15.3. The terms of this Agreement and the provision of the Service and the relationship between Customer and Creditsafe shall be governed by the laws of the Commonwealth of Pennsylvania. .Any controversy or claim arising out of or relating to this Agreement (other than claims related to non-payment for the Service) shall be submitted to binding arbitration in Allentown, Pennsylvania or a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
    • 15.4. Customer agrees irrevocably to submit to the exclusive jurisdiction of the courts of Lehigh County, Pennsylvania.
    • 15.5. The failure of Creditsafe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right. The Service is subject to availability.
    • 15.6. If any third-party data becomes unavailable to Creditsafe, Creditsafe shall be entitled to, upon giving one month’s prior notice to Customer, obtain a similar service from another third-party supplier.

Appendix A

Artificial Intelligence Terms and Conditions

The Artificial Intelligence Terms and Conditions in this Appendix A (“AI Terms”) supplement the foregoing End User Terms and Conditions (“General Terms”). All capitalized terms or phrases used in these AI Terms and not otherwise defined in these AI Terms shall have the meaning set forth in the General Terms.

  1. Definitions. The following words and phrases shall have the following definitions for purposes of these AI Terms.
    • “AI Data” means the data generated by Customer from the AI Systems processing of Output Data.
    • “AI System” means the AI model(s), components, and related tools provided or operated by Customer that generate outputs using Output Data.
    • “AIM System” means any system comprising hardware, software, and networked components that uses machine learning models (whether supervised, unsupervised, or reinforcement-based), neural networks, natural language processing systems, large language models (LLMs), predictive analytics tools, generative AI, computer vision systems, and any other automated systems or algorithms that process data, make decisions, or generate outputs based on patterns, inferences, or probabilistic logic that automatically monitors,  manages, and/or documents.
    • “Artificial Intelligence Legislation” means all artificial intelligence legislation and regulatory requirements applicable to the data or information obtained through or in connection with the Service, including , as applicable the Artificial Intelligence Act (Regulation (EU) 2024/1689).
    • “Data Protection Legislation” all applicable data protection and privacy legislation and regulatory requirements which apply to the data or information obtained through or in connection with the Service.
    • “EU AI Act” means Regulation (EU) 2024/1689.
    • “Good Industry Practice” in relation to any undertaking and any circumstances, the exercise of skill, diligence, prudence, foresight and judgement and the making of any expenditure that would reasonably be expected from a skilled person engaged in the same type of undertaking under the same or similar circumstances.
    • “High Risk System” means AI system classified as high-risk under the EU AI Act.
    • “Output Data” means the data or information, in any form, provided by Creditsafe in the course of providing the Service.
  2. The following terms govern Customer’s collection, use, disclosure, storage, and other processing of Output Data using AI Systems and/or AIM Systems and apply in addition to the Agreement between Creditsafe and Customer. In case of conflict, these terms prevail in relation to any AI governance, unless expressly stated otherwise. Nothing in this Agreement shall be construed as making Creditsafe a provider, deployer, or joint provider of Customer’s AI Systems or AIM System.
  3. Permitted and Prohibited Use. Subject to Customer’s strict compliance with the General Terms and these AI Terms, Customer shall be permitted to use the Output Data in its internal AI Systems and AIM Systems for its internal business purposes only provided that such use: (a) does not involve training, fine-tuning or improving AI models using Output Data, (b) does not result in Output Data being disclosed to, retained, or controlled by any third parties, and (c) complies with all Artificial Intelligence and Data Protection Legislation. Customer is strictly prohibited from using Output Data in any AI System to train, fine tune, improve, or develop AI models or reverse engineer Output Data in any way, including without; limitation in a way which directly or indirectly competes with or infringes on any aspect of the Service. Customer is strictly prohibited from processing Output Data in any AI System where it or a third party becomes the owner and or controller of that data. If Customer licenses AI Systems from a third party, Customer shall ensure that the third party shall not have any right to use the Output Data in any way and shall be strictly prohibited from using the Output Data in respect of AI product development and/or training AI models/AI Systems. Customer is strictly prohibited from processing the Output Data using any open-source Artificial Intelligence System or AIM System, whether for training purposes or otherwise, without Creditsafe’s separate prior written consent. Customer shall not use the AI System for any purposes prohibited under the EU AI Act or other applicable laws or regulations. Creditsafe may suspend or terminate Customer access to Output Data and any other data where necessary to prevent or address prohibited or unlawful use. Breach of this Section 3 of the AI Terms shall be deemed to be a material breach of the Agreement by Customer. For the avoidance of doubt, Customer shall not use Creditsafe scores, ratings and/or limits in any AI or AIM System and shall not use Output Data, scores, ratings and/or limits to train an AI model to iterate, develop and/or improve a product intended to be accessed by its own customers or other third parties.
  4. Transparency. Customer shall make available a clear and accessible transparency notice describing the types and sources of data used by the AI System, purposes of processing, categories of recipients, retention periods, international transfers, the existence of automated decision-making including profiling where applicable, and key characteristics and limits of the AI System, including reasonably foreseeable risks of misuse.
  5. Customer Disclosures. Customer shall maintain and make accessible appropriate privacy information and notices as required by applicable law or regulation, including any information required where the AI System is used to make or support decisions with legal or similarly significant effects.
  6. Classification; Intended Purpose. Customer will document the intended purpose and classification of the AI System under the EU AI Act, including whether it is a High-Risk System.
  7. High-Risk obligations. Where the AI System is a High-Risk System, Customer will implement and maintain: a risk management system; appropriate data governance and management practices; technical documentation; logging capabilities; transparency and provision of information to deployers; human oversight measures; accuracy, robustness, and cybersecurity measures; conformity assessment and CE marking where required; and post-market monitoring and incident reporting.
  8. Risk management. Customer will identify, analyze, and mitigate reasonably foreseeable internal and external risks to the security, confidentiality, integrity, risks to health, safety, fundamental rights, and discriminatory outcomes arising from the AI System’s use in its intended context. Residual risks and known limitations will be documented and communicated in the transparency notice and deployment guidance.
  9. Policies and Training. Customer will maintain internal policies, assign responsibility for AI governance, and provide training appropriate to personnel roles.
  10. Records and Audit. Customer will maintain records demonstrating compliance with these AI terms, applicable laws and the EU AI Act.
  11. Human Review. Where the AI System contributes to decisions with legal or similarly significant effects, Customer will ensure that Data Subjects (as defined under applicable law) have access to meaningful human review, and explainability appropriate to the context is provided, consistent with applicable laws and the EU AI Act. Customer will ensure the AI System has human oversight, accuracy thresholds, and operational constraints, and will promptly notify Creditsafe of material incidents or performance anomalies affecting Output Data.
  12. Lawful use. Customer will use the AI System and Output Data in compliance with applicable laws and these Terms and will not input or solicit unlawful content.
  13. Security. Customer will implement robust security measures for its environments, credentials, and data consistent with Good Industry Practice and will promptly notify Creditsafe of any suspected compromise relating to the AI System. Customer will ensure the Output Data is kept secure and encrypted when incorporated into any Artificial Intelligence System, using at least Advanced Encryption Standard (AES) with a minimum 256-bit key. Customer must prevent unauthorised access, copying, modification, storage, reproduction, display, or distribution of the Output Data, and promptly remediate any such occurrences
  14. Labelling. Where Customer produces AI content in any instance that requires it to be identified/ disclosed, Customer must include the appropriate notices or labels. Customer must apply these notices in line with any applicable laws and any labelling or disclosure guidance.
  15. Incidents. Customer will maintain processes to detect, assess, and remediate security incidents and serious incidents under the EU AI Act. Customer shall promptly notify Creditsafe of any misuse, unauthorised access or loss of the Output Data and fully cooperate with Creditsafe’s investigations into such occurrences and bear the costs of remediation. Customer acknowledge that Creditsafe may suspend Customer’s rights under this Agreement if any misuse, breach, or security incident is not promptly remedied.
  16. Notifications. For serious Data Protection incidents under the EU AI Act, Customer will make required notifications to competent authorities. A serious incident is defined as an event involving high-risk or general purpose AI systems that results in significant harm or disruption e.g. serious and irreversible disruption to critical infrastructure, serious cybersecurity breaches, death of a person, serious harm to a person's health, infringement of fundamental rights under EU law, or serious harm to property or the environment (“Serious Incident”). Customers must report Serious Incidents to the national market surveillance authority in the member state where the incident occurred, following the timeframe set out in Article 73 of the EU AI Act. Customer shall notify Creditsafe without undue delay upon becoming aware of any Serious Incident involving Creditsafe Output Data and shall provide reasonable cooperation and information to support investigation, remediation, and any required regulatory notices.  
  17. Access to information. Customer will make available to the Data Subjects information reasonably necessary to understand the AI System’s intended purpose, performance metrics, known limitations, data sources by category, and explainability features
  18. Benchmarks. AI System performance statements will be supported by documented evaluation methodologies and relevant benchmarks appropriate to the use case, noting context and limitations.
  19. Explainability. Customer will implement explainability appropriate to the model type and context, including descriptions of features, factors, or input importance where technically feasible.
  20. Warranty. Customer warrants to Creditsafe that it shall comply with the EU AI Act in respect of data processed using AI Systems as applicable.

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These Creditsafe End User Terms and Conditions were last updated on May 7, 2026.

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