These Terms and Conditions ("Terms") are a legal agreement between you and Certezza Data Services ("Certezza," "we," "us," or "our"). Certezza provides technology and data-processing services through authorized affiliate marketers and integrated customer relationship management systems ("CRM"). Please read these Terms carefully.
1. Acceptance of terms
By accessing certezzadata.com or authorizing Certezza through an affiliate interaction to access or process your consumer information, you agree to these Terms and our Privacy Policy. If you do not agree, do not authorize access or use the website.
A separate service agreement, authorization, disclosure, or order may contain additional terms. If there is a conflict, the more specific service document controls with respect to that service.
2. How the service works
A participating affiliate marketer communicates directly with you and presents a disclosure identifying Certezza as the technology and data-processing provider. The affiliate records your authorization in its CRM and submits the authorized request to Certezza through an integrated connection. Certezza does not ordinarily conduct the consumer-facing sales conversation.
Certezza may retrieve and analyze authorized credit information and return a debt-profile summary or program-category assessment through the CRM. The affiliate may then discuss potentially relevant education or financial-assistance programs with you. Certezza may support multiple affiliates and providers and is not limited to one marketer or program.
3. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use our services. If you act for another person or an organization, you represent that you have authority to bind that person or organization and provide any required consent.
4. Our services
Certezza provides technology, consumer-report access, data processing, credit-information analysis, and referral-support services for authorized affiliates. Our purpose is to help an affiliate understand a consumer’s current debt obligations and identify potentially relevant educational, debt-relief, debt-resolution, or other financial-assistance program categories.
Credit information can change as consumer reporting agencies and other data providers update their records. We do not control those third parties or the scoring models they use. We do not guarantee that information in a consumer report will change, that a credit score will increase, that any program will be available or suitable, or that you will achieve a particular financial result. Not every consumer has an issue or needs assistance.
Unless expressly stated in a separate written agreement, Certezza is not a law firm and does not provide legal, tax, accounting, or investment advice. Educational information is not a substitute for advice from a qualified professional familiar with your circumstances.
5. FCRA and permissible purpose
Certezza accesses a consumer report only after receiving evidence of the consumer’s written instructions or another permissible purpose recognized by the Fair Credit Reporting Act ("FCRA"). For Certezza’s current workflow, the permissible purpose is the consumer’s express written instruction authorizing access for the disclosed financial assessment and referral purpose.
Certezza does not use consumer reports to approve or deny credit, establish credit terms, underwrite a transaction, or determine eligibility for employment, housing, insurance, or another benefit. Certezza and its affiliates may not obtain, use, or disclose a consumer report for an undisclosed or unauthorized purpose.
7. AI and automated tools
Certezza may use automated and artificial-intelligence-assisted tools to organize, summarize, classify, and analyze authorized information and identify potentially relevant program categories. Outputs may be incomplete or inaccurate and should be reviewed in context. Certezza does not use these tools to make lending, underwriting, employment, housing, insurance, or other eligibility decisions subject to adverse action requirements.
8. Your responsibilities
You agree to:
- Provide complete, current, and truthful information and documents;
- Review reports, correspondence, and service results promptly;
- Notify us when your contact details or relevant circumstances change;
- Maintain the confidentiality of account credentials and notify us of suspected unauthorized use;
- Respond reasonably to requests needed to perform a service; and
- Use our website, communications, reports, and services only for lawful personal or authorized purposes.
You are responsible for decisions you make based on information provided through our services and for independently verifying information before acting on it.
9. Fees, billing, and cancellation
Prices, payment schedules, renewal terms, cancellation rights, and refund terms, if applicable, will be disclosed before purchase or in your service agreement. You agree to pay authorized charges when due and to provide valid billing information. Taxes may apply.
Nothing in these Terms limits cancellation, refund, or other rights that cannot lawfully be waived. If a service agreement provides more favorable rights, that agreement controls.
10. Electronic communications
You consent to receive service-related communications electronically, including by email or through other contact methods you provide, to the extent permitted by law. Electronic notices satisfy any legal requirement that a communication be in writing when legally allowed.
If you separately consent to SMS, the affiliate, Certezza, or an identified provider may send service-related text messages, including messages using automated technology. Message frequency varies; message and data rates may apply. Reply STOP to opt out or HELP for assistance. A credit-access verification code does not by itself constitute consent to promotional texts. Marketing communications are subject to any additional consent required by law. You may opt out of promotional email using the unsubscribe method in the message or by contacting us. Opting out does not prevent nonpromotional communications about requested services, security, or transactions.
11. Consumer reports, copies, and disputes
You may request a copy of consumer-report information processed by Certezza through the affiliate assisting you or by contacting Certezza. We will verify identity before release and may deliver the information through the CRM, a verified email address, or another secure method.
To report an error, contact the affiliate or Certezza and identify the disputed information. Certezza will investigate errors in its own processing or presentation. If the disputed information originated with a consumer reporting agency or data furnisher, we will identify the source and provide instructions or reasonable assistance for submitting the dispute to the responsible organization. Certezza is not a consumer reporting agency or data furnisher and cannot alter an underlying source record it does not control.
Because Certezza does not make eligibility decisions, it does not take adverse action. Any third-party provider that independently uses a consumer report for a decision subject to the FCRA is responsible for its permissible purpose, certifications, and required adverse-action notices.
12. Acceptable use
You may not:
- Use the website or services for fraud, identity theft, harassment, or any unlawful purpose;
- Provide information you do not have the right to provide or impersonate another person;
- Attempt to access another customer’s information or any restricted system;
- Interfere with security, availability, or proper operation of the website or services;
- Introduce malicious code or use automated means to scrape, probe, or overload our systems; or
- Copy, resell, sublicense, or commercially exploit our website or services without written permission.
13. Intellectual property
The website and its text, graphics, logos, design, software, and other content are owned by Certezza or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to use the website and service materials for your personal, lawful use.
You retain ownership of information and materials you provide. You grant us the rights reasonably necessary to host, process, reproduce, and transmit those materials to provide services, comply with law, and protect our rights.
14. Third-party services and information
Our services may rely on or link to third-party information, systems, or websites. Certezza does not control third parties and is not responsible for their availability, accuracy, security, content, or practices. An affiliate or provider receiving an authorized referral is independently responsible for explaining its services, eligibility requirements, fees, disclosures, privacy practices, and contractual terms. Your use of a third-party service may be governed by that party’s own terms and privacy policy.
15. Disclaimers
To the fullest extent permitted by law, the website and services are provided “as is” and “as available.” Certezza disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not warrant that the website or services will be uninterrupted, error-free, completely secure, or that third-party data will be complete, current, or accurate.
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
16. Limitation of liability
To the fullest extent permitted by law, Certezza and its officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost opportunities, loss of data, or business interruption arising from or related to the website or services, even if advised that such damages are possible.
To the fullest extent permitted by law, our total liability for a claim relating to a paid service will not exceed the amount you paid Certezza for that service during the six months preceding the event giving rise to the claim. For a claim relating solely to the free website, our total liability will not exceed one hundred dollars. These limitations do not apply where prohibited by law.
17. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Certezza and its officers, employees, contractors, and affiliates from third-party claims, losses, liabilities, and reasonable costs arising from your unlawful use of the website or services, your material breach of these Terms, or information you provide without authority. This obligation does not apply to the extent a claim results from Certezza’s own unlawful conduct.
18. Suspension and termination
We may suspend or terminate access to the website or services if you materially violate these Terms, misuse the services, fail to pay authorized amounts when due, create a security or legal risk, or if required by law. Where practicable, we will provide notice and an opportunity to address the issue. You may discontinue use or cancel services as provided in your service agreement and applicable law.
Provisions that by their nature should survive termination—including ownership, disclaimers, limitations of liability, indemnification, and general legal terms—will survive.
19. General terms
Changes
We may update these Terms periodically. The updated date at the top indicates the latest revision. Material changes will apply prospectively, and we will provide additional notice when required by law. Continued use after revised Terms take effect constitutes acceptance to the extent permitted by law.
Governing law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where another law must apply. Any legal proceeding not subject to a separate written dispute provision must be brought in a court of competent jurisdiction in Miami-Dade County, Florida, unless applicable law requires otherwise.
Severability and waiver
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a reorganization, financing, merger, acquisition, or sale.
Entire agreement
These Terms, the Privacy Policy, and any applicable service agreement constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous communications on that subject.
20. Contact us
Questions about these Terms may be directed to:
Certezza Data Services3001 SW 3rd Ave
Miami, FL 33129
support@certezzadata.com
949-204-0164