Terms of Service

1. Acceptance of Terms

By accessing and using the website at creditfern.com (the "Website"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website.

2. Description of Services

Creditfern provides a cash flow credit decisioning platform designed to support community banks, credit unions, and CDFI lenders in their small business lending programs. Our tools analyze bank statement data to surface cash flow signals that can supplement a lending institution's existing underwriting process.

Important: Creditfern does not provide loan approval decisions and is not a credit bureau or credit reporting agency under the Fair Credit Reporting Act. Our tools are designed to support — not replace — the credit judgment of licensed lending institutions. All final lending decisions remain with the institution and its licensed personnel.

3. Use of the Website

You may use our Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable federal or state laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any part of the Website or our platform infrastructure
• Interfere with the proper working of the Website
• Engage in any conduct that restricts or inhibits anyone's use of the Website
• Use automated means to scrape or extract data from the Website without prior written authorization

4. Platform Services & Client Agreements

Access to Creditfern's analytical platform, API, and data processing services is governed by a separate written agreement between Creditfern and the subscribing institution. These Terms govern use of the public Website only. If you are a licensed institution interested in platform access, please contact us to discuss a pilot agreement.

5. Intellectual Property

The Website and its original content, features, and functionality are owned by Creditfern and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any part of the Website without our prior written consent.

6. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Creditfern does not warrant that:

• The Website will be uninterrupted or error-free
• Information presented on the Website is complete, accurate, or current
• The Website or its servers are free of viruses or other harmful components

Nothing on this Website constitutes legal, financial, regulatory, or lending advice. Community banks, credit unions, and CDFI lenders should consult with their own legal and compliance counsel regarding any changes to underwriting practices.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Creditfern shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Website, including but not limited to loss of profits, data, or goodwill.

8. Regulatory Compliance

Creditfern's platform is designed with controls intended to support the compliance programs of federally supervised institutions. References on this Website to regulatory frameworks (including OCC guidance, NCUA member business lending rules, GLBA, ECOA/fair lending, and FFIEC examination standards) are provided for informational context only and do not constitute legal advice or a representation that any institution's use of Creditfern tools will satisfy any regulatory requirement.

9. External Links

Our Website may contain links to third-party websites for informational purposes. Creditfern has no control over the content of those websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

10. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, and protect information.

11. Changes to Terms

Creditfern reserves the right to modify these Terms at any time. We will post updated Terms on this page with a revised "Last updated" date. Your continued use of the Website after such changes constitutes your acceptance of the revised Terms.

12. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of courts located in Mecklenburg County, North Carolina.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Creditfern
550 South Tryon Street, Suite 1800
Charlotte, NC 28202
[email protected]