Terms and Conditions and Acceptable Use Policy
Version: October 17, 2023
Definitions
“Applicants” means any prospective applicant of End User that submits an application for a lease or rental of residential property.
“End User” means Client or Client users that license, access, or use the Snappt® Fraud Detection Services for its own use in accordance with these Terms and Conditions and Acceptable Use Policy.
“Permissible Purpose” means evaluating applicants in connection with an application for a lease or rental of residential property.
“Personal Information” shall have the meaning of such term or like terms set forth in each of the applicable privacy laws that describes covers or defines data that identifies or can be used to identify individuals, including, without limitation, Applicants.
“Snappt® Fraud Detection Services” means fraud detection services provided by Snappt®, Inc. through RentGrow’s tenant screening services.
Terms and ConditionsAs an express condition of accessing and using Snappt® Fraud Detection Services, Client acknowledges and agrees that it and all End Users that access and use those services shall do so only for the permissible purpose of evaluating applicants in connection with an application for a lease or rental of residential property, and Client will not request or use Snappt® Fraud Detection Services for any purpose prohibited by law.
Client acknowledges that all terms and conditions of the Agreement apply to Client and its End-Users’ use of Snappt® Fraud Detection Services, including but not limited to all confidentiality obligations and RentGrow’s right to conduct random as well as regular monitoring of End-Users’ access to and use of Snappt® Fraud Detection Services for the purpose of validating that End-Users are accessing and using Snappt® Fraud Detection Services only for the applicable Permissible Purpose and in accordance with the Agreement and this Addendum.
Client acknowledges and agrees that Client and all End-Users are bound by: (i) the terms and conditions of the Agreement and this Addendum; (ii) the FCRA; (iii) all other applicable laws and regulations; (iv) the then-current version of Schedule C (Required Supplemental Terms and Conditions), the full text of which is located and available online at: http://www.rentgrow.com/us-screening-schedule-c, or as RentGrow may otherwise provide to Client, and which is fully incorporated by reference herein.
Client acknowledges that RentGrow or its affiliates may aggregate, compile, and use any information or data it receives or performs in connection with Snappt® Fraud Detection Services for any purpose, including without limitation, for the purpose of providing that information to Snappt® Fraud Detection Services or for the purpose of improving or enhancing other services offered, or to be offered, by RentGrow or its affiliates.
End User agrees to comply with Snappt®’s then current End User Terms of Service (“TOS”) as incorporated in or integrated with the Snappt® Fraud Detection Services and as promulgated by Snappt® from time-to-time.
Client and every End User that Client permits to access and use the Snappt® Fraud Detection Services agrees to comply with all Terms and Conditions set forth herein when using the Snappt® Fraud Detection Services. Client will cause each End User accessing or using the Snappt® Fraud Detection Services to agree to comply with these terms, the Agreement, the Snappt® Fraud Detection Services TOS, and any documentation provided by Snappt® or RentGrow as a condition of using the Snappt® Fraud Detection Services.
End User consents to RentGrow providing Snappt® with the name, address, and phone number of any End User using the Snappt® Fraud Detection Services.
End User will comply with all applicable laws and regulations, including but not limited to the Fair Credit Reporting Act (FCRA) and state consumer reporting laws in connection with its use of the Snappt® Fraud Detection Services. End User also agrees to comply with all applicable laws regarding disclosure of personal information to Snappt®.
At all times, End User will request that Applicants provide to Snappt®, in such written, electronic, or other form, such information with respect to the identity of Applicants as Snappt® may reasonably request to the extent required for purposes of administering or enforcing the licenses to the Snappt® Fraud Detection Services and providing maintenance and support or other services to End Users hereunder.
End User will not, directly or indirectly: (i) market, distribute, license, or otherwise make available any Snappt® Fraud Detection Services; (ii) copy, modify, or create derivative works of the Snappt® Fraud Detection Services, in whole or in part; (iii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Snappt® Fraud Detection Services; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Snappt® Fraud Detection Services, in whole or in part; (v) remove any proprietary notices from the Snappt® Fraud Detection Services; (vi) use the Snappt® Fraud Detection Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (vii) other than Services Open-Source Components, use or incorporate any open-source software in or in connection with any Snappt® Fraud Detection Services, including in their development, making, or operation.
End User agrees to: (i) provide adequate notice to, and, where required by applicable law, obtain the written consent of, the Applicants to the provision of such Personal Information to Snappt® and its subprocessors for the purposes set forth above; (ii) maintain appropriate administrative, physical, and technical safeguards for the protection of the privacy, security, confidentiality, and integrity of such Personal Information; and (iii) comply, and require that its employees, agents, and contractors comply, with all applicable laws regarding data privacy and security, required data breach notifications, and Personal Information.
End User acknowledges that Snappt® reserves the right to temporarily suspend or disable an End User’s access to or use of the Snappt® Fraud Detection Services in the following circumstances: (i) if Snappt® reasonably believes that any use of the Snappt® Fraud Detection Services represents a direct or indirect threat to the Snappt® Fraud Detection Services, network function or integrity; (ii) if reasonably necessary to prevent unauthorized access to or harm to End User Data or data of other Snappt® clients; (iii) if Snappt® reasonably believes that any End User’s use of the Snappt® Fraud Detection Services is in violation of any local, state or federal law or regulation or the Snappt® Fraud Detection Services TOS; or (iv) to the extent reasonably necessary to comply with applicable law. Any suspension pursuant to this section will only be in effect for as long as reasonably necessary to address the issues giving rise to the suspension. Snappt® will provide reasonable advance notice before suspending access to the Snappt® Fraud Detection Services, unless Snappt® reasonably believes an immediate suspension is required.
End User acknowledges and agrees that RentGrow shall disclose to Snappt® the identity of End User and the Permissible Purpose for which the Snappt® Fraud Detection Services report is furnished pursuant to Section 1681e(e)(1) of FCRA.
End User certifies the Snappt® Fraud Detection Services shall be used for the Permissible Purpose and will not be used for any other purpose.
Snappt® Fraud Detection Services Accessible Use Policy (AUP)
Snappt® requires that all End Users who use the Snappt® Fraud Detection Services conduct themselves with respect for others. Specifically, you agree not to:
● Use the Snappt® Fraud Detection Services to:
○ harvest, collect, gather, or assemble information or data regarding any Applicants or other person without their written consent;
○ engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Snappt® Fraud Detection Services, or which, as determined by us, may harm the Snappt® Fraud Detection Services or users of the Snappt® Fraud Detection Services or expose any party to liability;
○ transmit information in a way that infringes upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity; or
○ reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
● Enter materials into the Snappt® Fraud Detection Services that:
○ are deceptive, fraudulent, illegal, obscene, offensive, defamatory, slanderous, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Snappt®’s discretion;
○ contain viruses, bots, worms, scripting exploits or other similar materials; or
○ could otherwise cause damage to the Snappt® Fraud Detection Services or any third party;
● Use the Snappt® Fraud Detection Services in any way that violates any applicable laws;
● Access the Snappt® Fraud Detection Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Snappt® Fraud Detection Services, or to copy any ideas, features, functions or graphics of the Snappt® Fraud Detection Services;
● Share nonpublic features or content of the Snappt® Fraud Detection Services with any third party;
● Use or transmit data that you don’t have the right to use or transmit (including confidential or personal information you are not authorized to disclose);
● Misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Snappt® or any third party);
● Probe, scan, or test the vulnerability of the Snappt® Fraud Detection Services or network used with the Snappt® Fraud Detection Services;
● Tamper with, reverse engineer or hack the Snappt® Fraud Detection Services, circumvent any privacy or security or authentication measures of the Snappt® Fraud Detection Services or knowingly interfere in any manner with the operation of the Snappt® Fraud Detection Services, the data contained therein, or the hardware and network used to operate the Snappt® Fraud Detection Services;
● Attempt to gain unauthorized access to the Snappt® Fraud Detection Services (or any portion thereof), related services, networks or data or the source code of any software making up the Snappt® Fraud Detection Services;
● Encumber, distribute adapt, combine, create derivative works of or otherwise modify any portion of the Snappt® Fraud Detection Services;
● License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Snappt® Fraud Detection Services available to any third party;
● Access or search the Snappt® Fraud Detection Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Snappt® Fraud Detection Services in any medium, including, without limitation by any automated or non-automated “scraping”;
● Overwhelm or attempt to overwhelm Snappt®’s infrastructure by imposing an unreasonably large load on Snappt® that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated means to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters contemplated for the Snappt® Fraud Detection Services;
● Access the Snappt® Fraud Detection Services via another user’s account credentials without their permission;
● Use meta tags or any other “hidden text” including Snappt®’s or Snappt®’s suppliers’ product names or trademarks;
● Use or attempt use the Snappt® Fraud Detection Services in violation of these Terms and Conditions and Acceptable Use Policy or any other agreement to which you are a party, or
● Permit or encourage anyone else to commit any of the actions above.
Violation of the AUP may lead to suspension or termination of the End User’s account (without notice or liability) or legal action if Snappt® (in its sole discretion) determines that an End User has violated the AUP. Snappt® reserves the right to take any other remedial action it sees fit. Snappt® may change the AUP at any time by delivery of a new version to RentGrow, which shall become effective on the date of such notice. Delivery of any updated AUP may be delivered directly via the access portal for the Snappt® Fraud Detection Services.