Savvy Screen Terms of Service

Last Updated: December 15, 2020.

These terms of service are a legal agreement (this “Agreement”) between you and C&A Ventures, Inc. dba Savvy Screen Studios with offices at New Lab, 19 Morris Ave, Brooklyn, NY 11205 (“Savvy” or “we”, “us” or “our”). This Agreement establishes terms and conditions under which you shall access and use the Savvy web-based platform (the “Savvy Platform”). The Savvy Platform enables interested parties like property owners, property managers, property management or tenant screening companies (each, an "Operator") to verify the income, rent payment history, credit information, savings, identity, and related information (“Information”) about rental applicants (“Applicants”) who seek business arrangements with such Operators in addition to streamlining the tenant screening for those Applicants (collectively, the “Services”). The Savvy Platform is located at https://www.savvyscreen.com, and any related sub-domains, tools and services or through downloadable mobile or other applications through which the Savvy Platform is made available by Savvy from time to time (the “Website(s)”).

Your use of the Savvy Platform is also subject to our Privacy Policy available on our Website as updated from time to time, which constitutes a part of this Agreement, and to which you must agree in order to use the Services.

BY ACCEPTING THESE TERMS, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SAVVY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY YOU REPRESENT, AND TO BIND THAT LEGAL ENTITY TO THE AGREEMENT.  THE TERM “YOU”  REFERS TO THE INDIVIDUAL OR SUCH LEGAL ENTITY, AS APPLICABLE.   IF YOU, OR IF APPLICABLE, SUCH LEGAL ENTITY, DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU, AND IF APPLICABLE, SUCH LEGAL ENTITY, MAY NOT ACCESS OR USE ANY OF THE SERVICES .

FURTHER, THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SAVVY ARBITRATE CERTAIN CLAIMS BY BINDING ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT AS PROVIDED IN SUCH AGREEMENT TO ARBITRATE (SEE SECTION 11 “AGREEMENT TO ARBITRATE”).

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY SAVVY IN ITS SOLE DISCRETION AT ANY TIME.  WHEN CHANGES ARE MADE, SAVVY WILL MAKE A COPY OF THE UPDATED AGREEMENT AVAILABLE AT THE WEBSITE AND UPDATE THE “LAST UPDATED DATE” AT THE TOP OF THESE TERMS OF USE.  ANY CHANGES TO THE AGREEMENT WILL BE EFFECTIVE IMMEDIATELY.  IF YOU DO NOT AGREE TO THE UPDATED AGREEMENT, YOU MUST STOP USING ALL SERVICES UPON THE EFFECTIVE DATE OF THE UPDATED AGREEMENT.  OTHERWISE, YOUR CONTINUED USE OF ANY OF THE SERVICES AFTER THE EFFECTIVE DATE OF THE UPDATED AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED AGREEMENT.  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT. YOU AGREE THAT SAVVY’S CONTINUED PROVISION OF THE SERVICES IS ADEQUATE CONSIDERATION FOR THE CHANGES IN THE UPDATED AGREEMENT.

1. The Savvy Platform

1.1 Access and Use. Subject to the terms and conditions of this Agreement, Savvy hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Savvy Platform for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement.

1.2 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Savvy’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services; (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement.  Savvy, its suppliers and service providers reserve all rights not granted in the Agreement.  

1.3 Registering Your Account.  In order to access certain features of the Services you may be required to become a Registered User.  For purposes of the Agreement, a “Registered User”  is a user who has registered an account with Savvy through the Services ( “Account” ). In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data” ); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use.  You may not share your Account login or password with anyone, and you agree to (y) notify Savvy immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Savvy has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Savvy has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  Savvy reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Services if you have been previously removed by Savvy, or if you have been previously banned from any of the Services.

1.4 User Conduct. As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any Content (as defined below) on or through the Services that: (i) infringes, misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Savvy’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Savvy or (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement.

You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Savvy reserves the right, but has no obligation, to intercede in such disputes.  You agree that Savvy will not be responsible for any liability incurred as the result of such interactions. The Services may contain User Content (as defined below) provided by other users.  Savvy is not responsible for and does not control User Content.  Savvy has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other users at your own risk.

1.5 User Content. You acknowledge that all Information, data, text, software, photographs, graphics, video, messages, tags and other materials accessible through the Services (“Content”) is the sole responsibility of the party from whom such Content originated.  This means that you, and not Savvy, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services (“Your Content”), and that you and other users of the Services, and not Savvy, are similarly responsible for all Content that you and they make available through the Services (“User Content”).

2. Representations and Warranties

2.1 Warranties.  a. Applicant Information Warranty.  Applicant represents and warrants that he or she has the right, including with respect to all applicable data privacy and other laws, to provide Savvy access to and use of his or her Information, including without limitation, for use in connection with the Savvy Platform and to provide the Services.

2.2 Disclaimer of Savvy Warranties.  YOU ACKNOWLEDGE THAT THE SAVVY PLATFORM AND ALL SERVICES, TEXT, IMAGES AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SAVVY PLATFORM ARE PROVIDED “AS IS”. SAVVY AND SAVVY’S AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INVESTORS, SUPPLIERS AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULT GENERATED THROUGH THE USE OF THE SAVVY PLATFORM. SAVVY PROVIDES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NONE OF SAVVY OR SAVVY’S AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INVESTORS, SUPPLIERS OR LICENSORS WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THE SAVVY PLATFORM OR THROUGH THE SERVICES IS ACCURATE OR FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES PROVIDED BY THE SAVVY PLATFORM WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SAVVY PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAVVY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SAVVY DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. SAVVY IS NOT AN ATTORNEY, ESCROW AGENT, LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. SAVVY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY PROPERTY AS TO THE EXISTENCE, OWNERSHIP, LEGAL STATUS (INCLUDING, BUT NOT LIMITED TO, BUILDING CODE COMPLIANCE AND COMPLIANCE WITH ACCESSIBILITY LAWS), SUITABILITY, OR CONDITION OF THE PROPERTY; AS TO THE ADVERTISED AVAILABILITIES, RENT, LEASE TERMS, SCREENING AND ELIGIBILITY POLICIES, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; AS TO THE REPUTATION, ABILITY OR PERFORMANCE OF ANY OPERATOR, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY. SAVVY DOES NOT GUARANTY OR REPRESENT THAT AN OPERATOR WILL APPROVE, RENT TO, EVALUATE OR TAKE ANY PARTICULAR ACTION WITH RESPECT TO ANY APPLICANT. SAVVY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE OPERATOR AS TO THE PAST OR FUTURE RENTAL HISTORY, ABILITY TO RENT, CRIMINAL HISTORY, ABILITY TO PAY, ABILITY TO PERFORM UNDER A LEASE, FINANCIAL CONDITION, THE ACCURACY OF REGISTRATION INFORMATION OR ANY OTHER INFORMATION, OR ANY OTHER MATTER CONCERNING ANY ACTUAL OR POTENTIAL APPLICANT. SAVVY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION. SAVVY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE WEBSITE OR IN THE CONTENT. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A PROPERTY MUST BE ADDRESSED WITH THE OPERATOR PRIOR TO LEASING OF A PROPERTY.  ANY AND ALL CONCERNS, DIFFERENCES, DISCREPANCIES, QUESTIONS OR REQUESTS FOR ADDITIONAL INFORMATION REGARDING AN ACTUAL OR PROSPECTIVE APPLICANT’S INFORMATION MUST BE ADDRESSED WITH THE APPLICANT.

You hereby acknowledge that Savvy does not determine and has no knowledge of an Operator’s screening criteria or eligibility requirements for leasing or renting an Operator’s housing or otherwise obtaining services from an Operator. Savvy does not make screening decisions, determine eligibility, provide advice to Operators on screening and eligibility decisions, or recommend, or recommend against accepting, rejecting or declining to take action with respect to Applicants in any way. Operators are solely responsible for setting screening and eligibility policies, making decisions as to the eligibility of an Applicant, and determining lease terms, whether based on the Information or otherwise. Savvy does not solicit rental applications or direct prospective Applicants to, or recommend, specific Operators or properties.

Operators hereby acknowledge that content provided by the financial institutions cannot be verified by Savvy except to the extent Savvy requires Applicant to verify that the bank account is his or hers and that the Information is complete and accurate.

3. OWNERSHIP

3.1 Services.  Except with respect to Your Content and other User Content, you agree that Savvy and its suppliers own all rights, title and interest in the Services (including but not limited to, any computer code, methods of operation, moral rights, documentation, and Savvy software).  You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.

3.2 Trademarks.  Savvy’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of Savvy and may not be used without permission in connection with your, or any third-party, products or services.  Third party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

3.3 Your Content.  Savvy does not claim ownership of Your Content.  However, when you post or publish Your Content on or in any Services, you represent that you own or have all necessary rights to post or publish Your Content on or in the Services.  

3.4 License to Your Content.  Subject to any applicable Account settings that you select, you grant Savvy a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users.

4. Your Information

4.1 Personal Information.  None of Savvy or Savvy's affiliates, agents, directors, officers, employees, investors, suppliers or licensors guarantee that any of Applicant’s information that can be used to identify, contact, locate, distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (“PII”), including without limitation Applicant’s Information provided by Applicant, whether accurate or not, will not be misappropriated, intercepted, deleted, destroyed or used by others.

The Savvy Platform uses a third-party service to process Applicant’s bank credentials, and Applicant’s bank credentials never reside in the Savvy Platform. Once Applicant’s bank account is connected to the Savvy Platform via a third-party service, Savvy will collect Information, and calculate and produce a summary for the Operator. The Operator may then make decisions based in part on such summaries.  

4.2 Your Information.  You, not Savvy, shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness of the Information under this Agreement. Applicant will be required to disclose certain PII in order for Applicant to submit the requisite Information to Savvy to enable Savvy to provide its Services. You agree and acknowledge that you will provide accurate, complete, and up to date Information in all instances. Applicant further agrees and acknowledges that his or her submission of PII to Savvy is voluntary and entirely at his or her own risk. Applicant agrees and acknowledges that his or her Information will be disclosed to an Operator in connection with the verification Services provided by Savvy as contemplated by this Agreement. Any of Applicant’s Information or other information Applicant shares with any Operator is at Applicant’s sole risk. Savvy does not control how any Operator utilizes information they receive from Applicant or from Savvy. Savvy will also process Applicant Information in compliance with the Privacy Policy.

4.3 Authorization.  Applicant hereby authorizes Savvy to retrieve Applicant’s bank statements from his or her financial institution and then provide verification Services, including Savvy summaries thereof, to the Operator for the Operator’s use in connection with assessment and/or implementation of Applicant’s current or proposed business arrangements with such Operator. Applicant and Operator agree and acknowledge that any limitations on Operator’s use of such financial records and summaries is solely between Applicant and Operator.

4.4 Credit Authorization.  Applicant hereby authorizes Savvy to obtain to obtain consumer reports, scores or other information about Applicant from third parties, including, but not limited to TransUnion, Equifax and Experian (“Credit Information”). Applicant understands that Applicant is hereby providing written instructions in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq. (together with any successor statutes, the “FCRA”) and other applicable law for Savvy or its affiliates to request and receive copies of Credit Information about Applicant, and that Savvy may provide such Credit Information to Operators. Applicant understands and accept that an Operator may use Applicant’s Credit Information to verify Applicant’s residency address, verify other credit information and to evaluate whether Applicant is eligible under screening and eligibility policies set by an Operator. Applicant understands that credit inquiries have the potential to impact Applicant’s credit score.  

4.5 Usage Data.  Savvy may monitor and examine Your use of the Savvy Platform, and use data and information related to Your use of the Savvy Platform in accordance with our Privacy Policy (see Section 4.2 above). Savvy may also process such information in an aggregate or de-identified manner, including to compile statistical and performance information related to the provision and operation of the Savvy Platform and Services. You agree that Savvy may make such aggregated or de-identified data and information publicly available, and use such information to the extent and in the manner required by applicable law or regulation and/or for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify you without your explicit consent. Savvy retains all rights in such aggregated or de-identified data and information.

5. Compliance With Laws.

5.1 Fair Credit Reporting Act.  If you are an Operator, you agree that you will use any and all Information, including any Credit Information, solely for the purposes of making a decision about whether an Applicant meets certain minimum qualifications to lease a housing unit owned, operated or managed by you, only to the extent you have a legitimate business need for the information in connection with a business transaction initiated by the consumer, solely to the extent allowed by 15 U.S.C. §1681b(a) of the FCRA (the “Authorized Purpose”). Savvy has not determined and does not determine any such minimum qualifications or other eligibility criteria. If you are an Operator, you certify, represent and warrant that you are the owner, operator or manager of rental housing, you are the person or entity identified in Registration Data, and you will solely use any and all Credit Information for the Authorized Purpose. You are responsible for compliance with the FCRA, including, without limitation, providing any disclosures required by the FCRA in the event you take an adverse action or otherwise deny any application for rental housing. If you are an Operator, and you take an adverse action on the rental application of an Applicant using the Information, you must disclose all Information provided by Savvy, including, without limitation, a copy of the Credit Information, as well as Savvy’s name, address and phone number, to the applicable Applicant to the full extent required by 15 U.S.C. §1681j(b) of the FCRA. If you are an Applicant, and an Operator takes an adverse action on your rental application using Information about you provided by Savvy, you may request a copy of such Information from Savvy by contacting info@savvyscreen.com. If you are an Operator, upon Savvy’s request, you must promptly provide Savvy with a written statement with respect to any Credit Information furnished to you by Savvy stating (i) the identity of each end user of any such Credit Information, (ii) certifying that such Credit Information was, is and will be used solely for the Authorized Purpose and no other purpose, and (iii) certifying your identity. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection’s (CFPB) website at www.consumerfinance.gov/learnmore.

5.2. Fair Housing.  All Content is subject to federal fair housing laws, including the Fair Housing Act, 42 U.S.C. §3601 et seq. (https://www.justice.gov/crt/fair-housing-act-2), which make it illegal to, among other things, (i) indicate in any advertisement any preference, limitation, or discrimination because of, (ii) refuse to rent to, negotiate with, or offer to rent because of, (iii) provide housing based on, (iv) set different lease terms based on, (v) set different rental rates based on, (vi) falsely deny that a unit is unavailable for inspection or rent because of, (vii) use different eligibility and screening criteria based on, (viii) deny or limit privileges and services because of, or (ix) otherwise discriminate in any way based on race, color, religion, sex, physical or mental disability, and/or familial status. Your state or local jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria, and/or prohibit the disclosure and use of certain information such as criminal history or past evictions in tenant screening under so-called “ban to box” laws (together, applicable federal, state and local fair housing laws are referred to as “Applicable Fair Housing Laws”). If you have any question about fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. Your provision, receipt, and/or use of any Content offered or obtained through the Services shall be at all times in strict compliance with Applicable Fair Housing Laws. If you are a landlord/lessor/leasing agent, you are exclusively responsible for adhering to Applicable Fair Housing Laws.  We encourage you to seek legal counsel regarding compliance; regardless under no circumstances shall we provide guidance regarding compliance or otherwise assume liability for Applicable Fair Housing Laws or other housing legal compliance.  You understand that Savvy makes no decisions and takes no action whatsoever with regard to any person’s inquiry or application for housing.  Savvy provides the Services without regard to your race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, domestic partnership, national origin, ancestry, familiar status, source of income, disability, genetic information or medical condition.    

5.3. Other Laws.    Your use of Content must at all times strictly comply with all other applicable laws. We encourage you to seek legal counsel to advise you on your use of any and all Content. Savvy will not provide you with legal advice on your use of any Content.  

6. Limitation of Liability.

6.1 No Consequential Damages.  SAVVY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF THE LICENSING, PROVISION OR USE OF THE SAVVY PLATFORM, SERVICES, OR RESULTS THEREOF.

6.2 Limits on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, SAVVY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SAVVY BY YOU DURING THE THREE (3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY;   OR ( B ) $100.   THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SAVVY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A SAVVY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A SAVVY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

6.3 Essential Purpose.  You acknowledge that the terms in this Section 6 are an essential basis of the bargain described in this Agreement and that, were Savvy to assume any further liability, there would be substantial fees payable hereunder. THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

7. Termination.

7.1 Termination at Will.  Either you or Savvy may terminate your use of the Savvy Platform at any time by ceasing to provide or use the Savvy Platform, as applicable. Once Applicant submits his or her Information, however, Savvy may provide the related verification Services, including Applicant’s Information, Bank Records, and/or summaries to the Operator without regard to any termination by Applicant.

7.2 Effects of Termination. Upon termination of this Agreement, your use of and access to the Savvy Platform shall cease. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

8. FEES AND PAYMENT POLICY.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable in accordance with the Services.  You must provide Savvy with an account for ACH payment,   a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account of a payment provider (each, a “Payment Method”) as a condition to signing up for the Services.  Your Payment Method agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities.  By providing Savvy with your Payment Method, you agree that Savvy is authorized to charge you for all fees and charges as they become due and payable and that no additional notice or consent is required.  You agree to immediately notify Savvy of any change in your billing address or the Payment Method used for payment hereunder.  Savvy reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.

9. Indemnification.

You agree to indemnify and hold Savvy, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Savvy Party” and collectively, the “Savvy Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; (d) your use of any Information, including any Credit Information, provided by Savvy in any manner, including in making eligibility and screening decisions on Applicants, or taking an adverse action with respect to an Applicant, or any unauthorized disclosure of Credit Information prohibited by the FCRA, (e) your use of any Credit Information for anything other than the Authorized Purpose, or (f) your violation of any applicable laws, rules or regulations, including, without limitation, your violation of Applicable Fair Housing Laws or the FCRA.  Savvy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Savvy in asserting any available defenses.  This provision does not require you to indemnify any of the Savvy Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

10. Third Party Services.

10.1 Third Parties.  None of Savvy or Savvy's affiliates, agents, directors, officers, employees, investors, suppliers or licensors is responsible for any conduct or interactions, whether online or offline, of or between Operators and Applicant. You acknowledge and agree that Savvy Parties are not liable, and you agree not to seek to hold Savvy Parties liable, for the conduct of third parties, including operators of external sites and other users of the services, and that the risk of injury from such third parties rests entirely with you. The Services facilitates certain services provided by third parties, including, without limitation, background screening, financial reporting and payment processing. You may be subject to additional third party terms and conditions for such services, which will be provided to you for review and acceptance, if applicable, at the time of use of such services. You are strongly encouraged to personally inspect any property advertised for rent prior to: signing any lease documentation; providing Information; or wiring or otherwise sending money for any deposit, rent payment or application fee.

10.2 Payment Processor.  The Company uses Stripe, Inc. and its affiliates as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Payment Processor” ).  By buying or selling on any Company Property, you agree to be bound by Stripe’s Privacy Policy (currently accessible athttps://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize the Company and Stripe to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions.  

10.3 Credit Checks.  Some of the Services allow you to use Credit Reporting Service to submit a request for a credit check be sent to an Operator. If you use the Credit Reporting Service services, you agree to the Credit Reporting Service Terms and Conditions, available at https://crscreditapi.com/terms-and-conditions/ .

10.4 Plaid.  Savvy uses Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using the Service, you grant Savvy and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid end user privacy policy.

11. Agreement to Arbitrate

11.1 Arbitration.  You agree that all disputes between you and Savvy (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Website, Information and/or the Savvy Platform shall be finally resolved by arbitration before a single arbitrator conducted in the English language via teleconference or, if requested by you, in New York, NY, U.S.A., in each case under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and you and Savvy hereby expressly waive trial by jury. You and Savvy shall appoint as sole arbitrator a person mutually agreed by you and Savvy or, if you and Savvy cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. Each party shall equally bear the costs of the arbitration, except that Savvy will bear the reasonable cost of the arbitrator and the AAA; in any event, each party will bear the cost of their own counsel. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, either you or Savvy shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with this Agreement (including without limitation Section 6 above) or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

11.2 Waiver of Class Actions.  Any claims brought by you or Savvy must be brought in the party’s individual or business capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Savvy will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby waive any and all rights to bring any claims related to this Agreement and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf or on behalf of your business.

11.3 Opt Out.  You may opt out of this agreement to arbitrate in this Section 11. If you do so, neither you nor Savvy can require the other to participate in an arbitration proceeding. To opt out, you must notify Savvy in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your login credentials to which the opt out applies and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: Savvy, ATTN: Arbitration Opt-out, New Lab - Antler (Savvy), 19 Morris Ave, Brooklyn Navy Yard, Building 128, Brooklyn NY 11205.

11.4 Survival.  This Arbitration section will survive the termination of your relationship with Savvy.

12. Miscellaneous.

12.1 Notices. Whenever, under the terms of or in connection with this Agreement, any notice, consent, approval, authorization or other information is proper or required to be given by either party, such notice, consent, approval, authorization or other information shall be in writing and shall be given or made by reputable overnight courier with documentation of receipt to the intended recipient thereof or by registered or certified mail, return receipt requested, and with all postage prepaid, to the following addresses: (i) if to New Lab - Antler (Savvy), 19 Morris Ave, Brooklyn Navy Yard, Building 128, Brooklyn NY 11205, (ii) if to you, to the address set forth in your Information, or (iii) to such other address for either party as may be supplied by notice given in accordance herewith.

12.2 International Users.  The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that Savvy intends to announce such Services or Content in your country.  The Services are controlled and offered by Savvy from its facilities in the United States of America. Savvy makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

12.3 Amendment; Waiver.  This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties or through a click through agreement accepted by you. No term or provision hereof shall be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

12.4 Severability.  If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

12.5 Governing Law.  This Agreement and the rights and obligations of the parties to and under this agreement shall be governed by and construed under the laws of the State of New York as applied to agreements entered into and to be performed in such State without giving effect to conflicts of laws rules or principles which would apply the laws of any other state or country. Subject in all respects to Section 11 hereof, for any disputes arising out of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of New York.

12.6 Force Majeure.  Neither party shall be liable for any failure or delay in performance under this Agreement due to fire, explosion, earthquake, storm, flood or other weather; unavailability of necessary utilities or raw materials; Internet service provider failures or delays, or denial of service attacks; war, civil unrest, acts of terror, insurrection, riot, acts of God or the public enemy; pandemic, strikes or other labor problems; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement); or any other event beyond the reasonable control of the party whose performance is to be excused.

12.7 Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Savvy’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

12.8 Relationship of the Parties.  Savvy is an independent contractor to Applicant and to Operator. There is no relationship of agency, partnership, joint venture, employment, or franchise between the parties. The parties do not have the authority to bind the others or to incur any obligation on their behalf.

12.9 Construction of Agreement.  Each party acknowledges that it has had the opportunity to have legal counsel review this Agreement and to negotiate its terms and conditions. Should any questions of construction or interpretation of this Agreement arise, then the parties agree that no presumption shall be applied against the party drafting this Agreement or any portion thereof and that the language of this Agreement shall, in all cases, be construed as a whole according to its fair meaning and not strictly for or against either party.

12.10 Entire Agreement.  This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral.

12.11 Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.