Welcome to Checke, we are a digital income verification solution that provides consumer information to companies when you apply for lending or housing. 

The Services offered by Checke Inc., a provider of income verification software servicing Applicants, Lenders, and Landlords (as defined below), can only be used by registered Users, such as Applicants, Lenders, and Landlords (alternately, "User," "Members," "You," "Your") who have first read and unconditionally accepted these General Terms and Conditions by clicking on the appropriate box provided for this purpose. It is impossible to use Checke’s Services without accepting these terms and conditions.

The User undertakes to fulfill the obligations contained within these terms and conditions, as well as any other agreements they may enter into with Checke Inc. The agreement between the User and Checke comes into force as soon as any User affirmatively accepts them by clicking "Agree And Register" after having the opportunity to read and accept these General Terms and Conditions before using any Service offered by Checke.

Users are advised to save and/or print a copy of these terms and conditions for future reference when utilizing income verification services.

Article 1: Definitions and Scope

• Applicant: An individual seeking to rent a property or secure a loan, who initiates the income verification process via Checke.
• Lender: An individual or entity providing a loan, who uses Checke’s services to verify the financial standing of an Applicant.
• Landlord: An individual or entity managing a rental property, including but not limited to real estate agents, homeowners, property managers, or leasing agents, who uses Checke’s services to verify the income and financial standing of prospective tenants.

It's important to note that by accepting this Agreement, you are agreeing to resolve any disputes with Checke Inc. through binding arbitration, except for a few limited exceptions. Please review the "Dispute Resolution" section below for more information on arbitration.

1.0 Agreement: By using Checke Inc. Services, you are agreeing to be bound by this Agreement. If you do not agree, you may not use our services. If you are using our services on behalf of a company or legal entity, you represent that you have the authority to bind that entity to this Agreement.

2.0 Privacy Policy: FCRA, and other terms apply Our Privacy Policy, which can be found at checke.me/privacy part of this Agreement. Your use of our services is subject to our Privacy Policy, which explains how we collect and use your personal and financial information. By using our Site or purchasing our products or services, you agree to the terms of our Privacy Policy. You also agree to comply with the Fair Credit Reporting Act and other applicable laws.

3.0 Who may use Checke Inc. Services: You may use our services if you are above the age of 18, capable of entering into a legally binding contract, and agree to abide by this Agreement. If you are a business, you must have the authority to bind a principal who meets these criteria.

4.0 Modifications: We may update this Agreement at our discretion. If we make any changes, we will notify you by posting a revised Agreement on our Site with the effective date. We may also send other communications regarding the changes. It is important to review this Agreement whenever it is updated. If you continue to use our services after the changes have been made, it means you accept and agree to the revised Agreement. If you do not agree to the changes, you must stop using our services.

As our services evolve over time, we may change or discontinue parts of it at any time, at our sole discretion. If you do not agree to any terms within this Agreement, you must stop using our services.

5.0 Online risks: Using our services online comes with inherent risks and the possibility of interruptions. By using our services, you accept and acknowledge the following risks:

• Online information transmission may be disrupted due to technical difficulties, which can affect your ability to obtain, view, or deliver information or complete time-sensitive transactions.
• Some transactions may require additional documentation or verification before they can be completed. It is your responsibility to verify transaction status, provide necessary documents promptly, and acknowledge that we are not liable for any losses resulting from website or device compatibility issues or your failure to confirm transactions.
• There is a risk of misappropriation of login credentials. You agree to use a secure and private username and password and protect your login credentials. If you suspect unauthorized access, you must contact us immediately. We are not responsible for any unauthorized access to your account.
• Cyberattacks are a possibility, and your data may not be completely secure. However, you agree to take reasonable measures to protect your data.

6.0 Creating a User Account: To access our services, you may need to create a User Account. To create an account, you must provide your email address and name, create a secure password, and agree to this Agreement and our Privacy Policy.

6.1 Third-party payment service providers: We may work with third-party payment service providers to enable payment functionality.

6.2 General Restrictions Relating to Your Checke Inc User Account:

By opening a Checke Inc User Account, you accept and agree to the following rules:

• You must provide accurate, complete, and current account information to us and keep it up to date.
• Sharing or transferring your User Account credentials to another user is prohibited.
• To protect your User Account, you must keep your User Account details confidential. If you detect unauthorized use or suspect a security breach, notify us immediately.
• You are responsible for all activities that occur under your User Account, whether or not you are aware of them or have given consent.

7.0 Subscription: You are responsible for paying all costs and fees for using Checke Services in accordance with Checke's current pricing. Prices are subject to change at any time. By accepting the terms of use, you agree to any future price increases or decreases that may occur.

If a price change is implemented and you do not accept the new pricing, you may elect to discontinue using the service. In such cases, you are not obligated to continue your subscription or usage under the updated terms.

• Free for Property Managers and Real Estate Professionals: If you are a property manager, real estate professional, or agent managing fewer than 10 properties or apartment units, you can access Checke services for free.
• For Managers of Over 10 Units: If you manage more than 10 properties or apartment units, you are eligible for a free 14-day trial. After the trial period, you will be charged based on your chosen subscription. 
• Paid Per Use: Applicants verifying their income will be charged a user fee of $15 per income verification. This fee is paid directly by the applicant during the verification process. Other services may include tenant screening fees at $45 per applicant.
• Early Termination: During the Subscription Term and any renewal terms, you may choose to cancel your subscription early. However, no refunds will be provided, and you are responsible for paying all unpaid fees due through the end of the Subscription Term.
• Not Refundable: We do not provide refunds if you decide to stop using the Checke subscription during your Subscription Term.
• Renewal: Your Subscription Term will automatically renew for the period indicated unless you notify us that you do not wish to renew by providing notice as required in the Customer Terms of Service.

8.0 Scope of Information Provided: Checke will deliver information consistent with the service descriptions provided on our website at the time of the request. Please note that you may not receive information that falls outside the search scope or information that Checke Inc, at its sole discretion, determines to be unreportable under applicable law.

9.0 Permissible Purposes for Receiving Income Verifications: By using Checke services, you certify that you will request and obtain income verifications exclusively for permissible purposes as defined under the Fair Credit Reporting Act (FCRA). These purposes include income verification for lending and housing, such as part of the tenant screening purposes, upon the written instructions of the relevant individual, as outlined in 15 U.S.C. § 1681b(a)(2).

You are strictly prohibited from using income verifications obtained from Checke for any other purposes. This includes selling, leasing, renting, or incorporating the information obtained from Checke Inc into any other service without proper authorization. Please be aware that knowingly and willfully obtaining information under false pretenses from an income verification agency is a violation of federal law, as stated in 15 U.S.C. § 1681q.

10.0 Income Verification Requests:

When requesting income verifications for lending or property rental purposes, certain legal requirements apply. Applicants who use Checke Inc are the sole owners of thier income verification report, and Applicants agree to share this information solely for the purpose of being approved to rent a property. Applicants also retain the right to stop sharing this information at any time. You, as a user of Checke Services, certify that you will work with experienced legal counsel, as appropriate, to ensure compliance with all applicable legal requirements related to the acquisition and use of income verifications from Checke Inc. for tenant screening purposes.

10.1 Certification: By requesting any income verification from Checke Inc. for tenant screening purposes, you certify that:

a) The applicant has provided all necessary notices and disclosures, as required by applicable law, regarding the procurement of a report for tenant screening purposes.

b) The applicant has provided written authorization for the procurement of such a report and agrees to share the information for the purpose of renting a property.

c) The applicant's authorization or consent states the purpose of the income verification and the nature of the screening, in compliance with the FCRA.

d) The income verification will be used exclusively for lending or leasing purposes and no other purpose.

e) The applicant owns the income verification and may choose to stop sharing this information at any time, at their discretion.

10.2 Adverse Action Notices: If you decide to take adverse action, in whole or in part, based on the information contained in an income verification provided by Checke Inc., you certify that you will issue an adverse action notice to the applicant in a timely manner, as required by the FCRA and Regulation V.

The adverse action notice will include, but not be limited to, denying a tenant application, charging a higher security deposit or rental rate, requiring a cosigner, or offering less desirable lease terms. The notice will be substantially similar to the sample notification forms published in Appendix C of Regulation V and will contain specific information regarding the use of Checke Inc. as the income verification agency.

11.0 Income Verifications: Additional legal requirements may apply when you request an Income Verification, which focuses on the applicant’s personal character and is distinguishable from an evaluation of the subject’s creditworthiness for tenant screening purposes. You certify that you will work with experienced legal counsel, as appropriate, to ensure that you identify and comply with all applicable legal requirements relating to your acquisition and use of Investigative Income Verifications. An Investigative Consumer Report refers to any report, or portion of a report, in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with individuals connected to the consumer.

You understand that Checke Inc. may not prepare or furnish an Investigative Consumer Report or Income Verification that contains information that is adverse to the interest of the consumer unless Checke Inc. has followed reasonable procedures to confirm the information from an independent source or the person interviewed is the best possible source of the information.

11.1 Disclosures: Before requesting any Investigative Income Verification from Checke Inc., you certify that you shall provide all necessary notices and disclosures in a timely manner under applicable law to the consumer who is the subject of the report. You shall clearly and accurately disclose in writing that an Investigative Income Verification, including information about character, general reputation, personal characteristics, and mode of living, may be obtained. The disclosure shall be mailed or otherwise delivered to the consumer with a summary of their rights under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681g(c), or other applicable law. The consumer will also be informed of their right to submit a written request for additional information, pursuant to 15 U.S.C. § 1681d(b), within a reasonable period of time after receipt of the disclosure.

11.2 Certification: By requesting any Income Verification from Checke Inc., you certify that you have fully complied with the above requirements and otherwise met all legal requirements for receiving an Investigative Income Verification. Further, upon receipt of a request by a consumer for additional information about the Investigative Income Verification, you shall disclose in writing the nature and scope of the investigation, which shall be complete and accurate.

12.0 Income Information: You certify that you will work with experienced legal counsel, as appropriate, to ensure that you identify and comply with all applicable legal requirements relating to your acquisition and use of income verification reports from Checke Inc. If you choose to request income verification from Checke Inc., you acknowledge that before access to income verification information is provided, you authorize Checke to:

a) Conduct a physical site inspection of your premises (the costs of which you will incur) by providing a 30-day written notice.

b) Investigate the security measures and access restrictions you have in place.

c) Provide training to your employees regarding the handling of sensitive information.

13.0 Security Obligations: Given that Income Verifications contain sensitive and personal information, it is imperative that you take reasonable measures to ensure the security of the information provided in accordance with this Agreement. To meet these security obligations, you agree to:

a. Prevent Misuse of Checke Inc Services: You will request Income Verifications solely for their intended use and permissible purpose(s) as specified in this Agreement. Taking appropriate precautions, you will safeguard against any misuse or unauthorized access to Income Verifications.

b. Maintain User Account: You are responsible for the administration and control of your Checke Inc User Account. You will appoint a security administrator to liaise with Checke Inc. Furthermore, you will manage all User Accounts and promptly notify Checke Inc if any User Account becomes inactive or invalid. You will adhere to the account maintenance policies and procedures communicated to you by Checke Inc.

c. Limit Access: Income Verifications, Investigative Income Verifications, Criminal Histories, or Credit Information shall only be disclosed internally to designated and authorized employees and agents who have a legitimate need for such information. Such disclosure shall be in accordance with this Agreement and applicable laws. You will prohibit employees and agents from accessing or attempting to access any Income Verifications, Investigative Income Verifications, Criminal Histories, or Credit Information pertaining to themselves, associates, or any other individual, unless it is within the scope of their official duties.

d. Limit Distribution: You will maintain strict confidentiality of any information obtained from Checke Inc Services and refrain from disclosing it to third parties, except as necessary to comply with adverse-action requirements under the Fair Credit Reporting Act or as mandated by law.

e. Security Incidents: You will have a data security incident plan in place. In the event that you become aware or have reason to believe that information provided by Checke Inc has been accessed or disclosed by an unauthorized party, you will promptly notify Checke Inc of such incident. If personally identifiable information is involved, you will comply with legal requirements by notifying the affected individuals. You will also assume any other legal obligations that may arise under applicable law in relation to such incidents.

f. Disposal: You will comply with the Disposal Rule of the Fair Credit Reporting Act by securely and permanently disposing of Income Verifications, Investigative Income Verifications, Criminal Histories, Credit Information, and any other information containing personally identifiable information.

g. Written Information Security Plan: You will establish and maintain a comprehensive written information security plan that outlines administrative, technical, and physical safeguards appropriate to the size, complexity, nature, and scope of your activities, as well as the sensitivity of the information provided by Checke Inc.

In the event that Checke Inc suspects or determines that you have violated or are violating any of the above security obligations, Checke Inc reserves the right to temporarily suspend your access to your User Account pending an investigation. You agree to fully cooperate with any investigations conducted by Checke Inc. If any misuse or unauthorized access is confirmed, Checke Inc may immediately terminate this Agreement and your User Account.

17.0 No legal advice: You acknowledge the importance of complying with your obligations under applicable law and agree that you will consult with legal counsel, as appropriate, regarding the acquisition and use of Checke Inc Services.

18.0 Consumer Disclosures, Consents, and Notices: If you choose to have Checke Inc's background screening system generate consumer disclosures, consents, or notices on your behalf, you acknowledge that these documents are being sent or requested solely based on your direction. You also acknowledge that you have the opportunity to review the presentation format of disclosures, consents, and notices to consumers through Checke Inc's system and can request another review by contacting Checke Inc directly.

You assume full and exclusive responsibility for the content and formatting of the disclosures, consents, and notices presented through Checke Inc's system on your behalf. You understand that using Checke Inc's system for handling your disclosure and authorization responsibilities is entirely voluntary, and you can choose to use your own materials outside of the system-generated process described above by providing written notice to Checke Inc.

Furthermore, you understand and agree that utilizing the electronic process described in this section does not diminish your independent legal obligation to comply with applicable local, state, or federal laws. You remain fully and exclusively responsible for complying with all background screening laws, including the Fair Credit Reporting Act. By accepting these terms, you agree to indemnify, defend, and hold harmless Checke Inc, its affiliates, subsidiaries, officers, directors, employees, agents, and insurers from any and all claims, damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys' fees and expenses) arising from or related to the disclosures, consents, notices, authorizations, system, and process discussed in this section.

You confirm that you have received copies of "A Summary of Your Rights Under the Fair Credit Reporting Act" and "Notice to Users of Income Verifications."

14.0 You are Responsible for Your Decisions:

Checke Inc Services are provided to you under the explicit condition that you retain full responsibility for your own decisions and actions. Checke Inc bears no responsibility for any decisions or actions you take based on the information or products provided to you. You understand and agree that Checke Inc does not make decisions regarding adverse actions based on reported findings in the Checke Inc investigation process. You fully accept responsibility for any decision or adverse action made, in part or in whole, based on a Report provided by Checke Inc.

15.0 Rights Related to the Content Available through Checke Inc Services:

When accessing, using, or visiting our Site, or when accepting, acquiring, inquiring about, purchasing, or seeking Checke Inc Services, you may encounter content that is created, derived, distributed, published, provided, or shared by Checke Inc, non-affiliated third parties (such as data brokers, contractors, media or publication companies, vendors, suppliers, and other product or service providers), and other users of our Site or Services.

The term "Checke Inc Content" encompasses all analyses, audio-visuals, branding, code, data, formulas, graphics, images, information, listings, logos, materials, music, offerings, performance metrics, photographs, products, programming, projections, reports, software, statements, summaries, text, tools, trademarks, works of authorship, or any other form of data, information, or materials that originate from or are assembled, created, designed, generated, licensed, posted, provided, shared, or made available by or on behalf of Checke Inc through the Site and/or the Checke Inc Services.