Terms of Service

Effective Date: November 15, 2023

Welcome to the FormFree community! We provide a suite of innovative tools that allow you and other consumers to connect your bank accounts and other financial accounts with applications that can help you better understand your financial situation and creditworthiness, help streamline loan applications, and ultimately help you feel more empowered to make future financial decisions.

When you use Passport and/or FormFree Exchange you agree to the terms of service below. While we’ve tried to make this agreement as clear and concise as possible, it still contains a fair bit of legalese, out of necessity. It is always our goal to be as clear and transparent as possible.

These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.

We’re always happy to hear from you if you have any questions or suggestions. You can contact us by U.S. mail at FormFree Holdings Corporation 8830 Macon Highway, Building 200, Athens, GA 30606, Attention: Compliance or at compliance@formfree.com. Now for the legal stuff:

Our Terms of Service

By accessing www.passport.formfree.com, your Passport profile, our mobile applications, and other websites or applications we operate and using our Services, you are agreeing to these Terms of Service, our Privacy Policy and any applicable Additional Terms defined below (collectively referred to as the “Agreement”).

It is important to read our entire Agreement carefully as some of the provisions affect your legal rights.

1. Our Services

When we refer to our “Services,” we mean all products and services owned and operated by FormFree Holdings Corporation or any of its subsidiary companies (collectively, “FormFree,” “we,” or “us”), including the content, features, tools, data, software and functions made available by us through www.passport.formfree.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As of the effective date of these terms, our Services include the following key features:

Empowered Decision Making

By utilizing RIKI analytics, you will gain a clear understanding of your financial health and loan eligibility, empowering you to make the best financial decision for yourself.

RIKI

“RIKI” means Residual Income Knowledge Index and uses direct source asset data (your bank transactions) to illustrate where you fall on a particular Ability to Pay scale. It is not a credit score.  It is not based on past loan payment history.

A lower RIKI score indicates a lower ability to repay a loan and a higher RIKI score indicates a higher ability to repay a loan. Your Ability to Pay (“ATP”) includes RIKI, plus other indices and data such as: Cash Flow Index, Income Analysis, Rent Verification, and supporting detailed reports.

FormFree Exchange

The FormFree Exchange (“FFX”) is a lending network that facilitates the generation and presentation of Qualified Borrower Medallions which are used to streamline the loan application process. There’s no need to navigate through multiple lender websites and fill out lengthy forms. When you become a Qualified Borrower you will have access to the best loan offers, tailored to your financial situation.

2. Your FormFree Profile

2.1 General Requirements

You will need to link your bank accounts and/or other financial institutions and provide some basic information about yourself for access to FormFree Services, like RIKI, ATP, Rent Verification, Income Analysis and FFX. While our Services are designed to empower you with greater control over your financial data, the decision to use any of our Services remains yours.

You represent and warrant that you have all necessary rights to use your accounts, and you agree to comply with all laws and regulations applicable to your use, as well as any rules and guidelines that we enact. You must not (1) use or access anyone else’s accounts or related data, (2) submit information about anyone else’s identity or accounts or that violates any third-party rights or (3) use the Services for any fraudulent, illegal or misleading purpose. You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to the Services or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of our Services, (c) rent, lease, provide access to or sublicense any elements of our Services to a third party or use our Services on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of our Services or remove any of FormFree’s proprietary notices, (e) access our Services for competitive purposes or publish any benchmark or performance information about our Services, or (f) use our Services in any manner that could damage, disable, overburden, or impair the functioning of our Services or interfere with, disrupt or negatively affect other users.

By linking your bank accounts and/or other financial institutions, you certify that:

1. • You are 18 years of age or older
   • You have a valid U.S. Social Security number
   • Any information you provide to us, both when you register and, in the future, is and will be true, accurate, current and complete
   • You will keep all information up-to-date

2.2 Specific Registration Consents

When you link your accounts, you authorize us to create and maintain a record using the information you provide and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services. By linking your accounts, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties to aid in optimizing the benefits you will receive from your suite of tools:

I understand that I will have an opportunity to consent in accordance with the Fair Credit Reporting Act and other applicable law for FormFree or its affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, TransUnion, Experian and/or Equifax. I understand that my consent is stored in an auditable fashion and allows FormFree and affiliated companies to obtain such information at any time for as long as I have a linked accounts with FormFree to use as described in the Terms of Service and Privacy Policy.

2.3 Telephone Consumer Privacy Act

You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and authorized third-parties and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

3. Limitations and Restrictions on Use of Our Services

3.1 Analysis and Estimates

As described in our Privacy Policy, we may use your bank activity and transactions, credit report, credit score, and other information we obtain to analyze, sort, and present certain information or features to you.  We will not share specific credit report or credit score information with anyone else.  Our goal is to arm you with the tools you need to gain control of your self-sovereign financial identity, but it’s up to you to make the final decision about what’s in your best interest.

Any analysis and estimates we provide as part of our Services are for illustrative and informational purposes only. Our analyses and estimates are based solely on the bank activity and transaction data we have. Our analyses and estimates are not endorsed or certified by any of our partners.

3.2 Third Party Offers

With respect to offers from our partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our partners and we will never submit an application for a product or service to a partner on your behalf without your consent.

3.3 Educational Purposes

All information in our Services is presented for educational purposes only. We do not guarantee that the information we present as part of our Services, including RIKI, ATP, credit report, or credit score information, is the exact same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service.

3.4 Not a Legal or Professional Advisor

FormFree is not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal or professional advice.  Our Services are not intended to replace all advice regarding your finances.

3.5 Territorial Restrictions

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

3.6 Compliance with Law

You must comply with all applicable laws when using our Services. You are not permitted to use our Services to obtain any consumer RIKI, ATP, credit report, score or other consumer information under false pretenses or in violation of the Fair Credit Reporting Act or applicable state or federal law.

3.7 Links to or Connections with Third Party Sites or Applications

Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third-Party Content”). Our Services also include features that allow you to connect your FormFree profile with accounts or services provided by third parties, such as the bank accounts you linked with your various financial institutions (collectively, “Third-Party Services”). We do not control, maintain, or endorse the Third-Party Content or Third-Party Services, and we are not responsible or liable for any Third-Party Content or Third-Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third-Party Services. Your interactions and business dealings with the providers of the Third-Party Content or Third-Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third-Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third-Party Services.

4. Ownership and Infringement

4.1 Our Content

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of FormFree and/or its third-party licensors. Our Content is protected by U.S. intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.

 

4.2 Our Partners’ Intellectual Property

Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our partners (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property.

 

4.3 Infringement of Rights

You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:

Attention: Compliance Department
FormFree Holdings Corporation
8830 Macon Highway, Building 200
Athens, GA 30606
compliance@formfree.com

5. Monitoring of Our Services and Disclosure for Administrative and Legal Reasons

FormFree has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce this Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our partners.

6. Disclaimers

WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. FORMFREE, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OR OUR CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING FORMFREE OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.

YOU ACKNOWLEDGE THAT FORMFREE IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY FINANCIAL INSTITUTION, CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR ASSET INFORMATION, CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (II) BETWEEN YOU AND OUR PARTNERS WHOSE OFFERS WE PRESENT. FORMFREE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH RIKI REPORTS, CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

7. Limitation of Liability

FORMFREE AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “FORMFREE PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES OR OUR CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE FORMFREE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE FORMFREE PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You will defend (if requested by any FormFree Party), indemnify, and hold harmless the FormFree Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the FormFree Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services or our Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of FormFree. The FormFree Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

9. Dispute Resolution and Arbitration

A third-party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation.

9.1 Generally

In the interest of resolving disputes between you and FormFree in the most expedient and cost-effective manner, you and FormFree agree that any and all disputes arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision; the arbitrator shall apply Georgia law to all other matters. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  All issues are for the arbitrator to decide, including all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT AND AGREEING TO ARBITRATION, YOU AND FORMFREE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

9.2 Exceptions

Despite the provisions of Section 9.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits under Consumer Arbitration Rule 9(b), even after filing an arbitration; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of a pending arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.

9.3 Arbitrator

Any arbitration between you and FormFree will be conducted under the Consumer Arbitration Rules (“AAA Rules“) of the American Arbitration Association (“AAA“), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

9.4 Notice and Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice“). FormFree’s address for Notice is: FormFree Holdings Corporation 8830 Macon Highway, Building 200, Athens, GA 30606, Attention: Compliance Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). You and FormFree agree to use good faith efforts to resolve the claim directly, but if you and FormFree do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FormFree must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and you and FormFree agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

9.5 Fees

If you commence arbitration in accordance with the Agreement, FormFree will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Atlanta, Georgia, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.  If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse FormFree for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Likewise, FormFree will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within thirty (30) days of the arbitrator’s ruling on the merits.  The decision of the arbitrator shall be final and not appealable, and judgement on the arbitration award may be entered in any court having jurisdiction thereof.

9.6 No Class Actions

YOU AND FORMFREE AGREE THAT EACH MUST BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and FormFree agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

 

9.7 Modifications

If FormFree makes any future change to this arbitration provision (other than a change to FormFree’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to FormFree’s address for Notice, in which case your account with FormFree will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

9.8 Enforceability

If any provision of this Section 9 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible, and the remaining provisions will remain in full force and effect.

10. Deactivation and Termination

10.1 Termination of Agreement; Surviving Terms.

The Agreement is effective until you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.

10.2 Terminating your FormFree Profile

If you decide you want to terminate your FormFree profile, you can do so by contacting us via our support page.

11. Miscellaneous

11.1 Governing Law

The Agreement is governed by the laws of the State of Georgia, excluding conflicts of law provisions.

11.2 Entire Agreement

The terms of the Agreement (including the Privacy Policy and any Additional Terms) constitute the entire and exclusive agreement between FormFree and you in connection with your use of our Services or our Content.

11.3 Changes to the Agreement

We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Statement or any Additional Terms, you are agreeing to the Agreement as modified.

11.4 Waiver Only in Writing

FormFree’s failure to enforce any of its rights or act with respect to a breach by you or others of the Agreement does not constitute a waiver of any rights and will not limit FormFree’s rights with respect to that breach or any subsequent breaches. No waiver by FormFree of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of FormFree.

11.5 Assignment

FormFree may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

11.6 Severability

If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible, and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.

11.7 Global Trade Restrictions

You agree that you are not prohibited from receiving the Services under the laws of the United States or other applicable jurisdiction.  For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or any other similar prohibition watchlist.

11.9 Apple Requirements

If you downloaded the FormFree app (the “App”) from the Mac App Store, the following terms also apply to you:

1        Acknowledgement:

You acknowledge that this Agreement is between you and FormFree only, and not with Apple, and FormFree, not Apple, is solely responsible for the App and its content.

2        Scope of License:

The license granted to you for the App is a limited, non-transferable license to use the App on Mac products that you own or control and as permitted by the Usage Rules that are part of the terms of service in the Mac App Store.

3        Maintenance and Support:

FormFree and not Apple is solely responsible for providing any maintenance and support services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4        Warranty:

FormFree is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be FormFree’s sole responsibility.

5        Product Claims:

FormFree, not Apple, is responsible for addressing any user or third party claims relating to the App including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.

6        Intellectual Property Rights:

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, FormFree, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7        Developer Contact Info:

Direct any questions, complaints or claims to: FormFree Holdings Corporation 8830 Macon Highway, Building 200, Athens, GA 30606.

8        Third-Party Beneficiary:

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.

 iPhone is a trademark of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

FormFree is committed to ensuring digital accessibility for people with disabilities. We continually strive to improve the user experience for everyone and work to apply the relevant accessibility guidelines. If you have specific questions about the accessibility of this site, or need assistance with using this site, contact us.

Please email support@formfree.com or mail at FormFree Holdings Corporation 8830 Macon Highway, Building 200, Athens, GA 30606.

Privacy Policy

Effective Date: November 15, 2023

Privacy and security are very important to us here at FormFree Holdings Corporation (“FormFree”). This Privacy Policy (“Policy”) is meant to help you (the “end user”) understand how FormFree collects, uses, and shares your data when you utilize our products or services.

This Policy applies to FormFree and its affiliates and subsidiaries. You should read this Policy carefully; it contains important information about your privacy rights and choices.

Background

Our goal with this Policy is to provide a simple and straightforward explanation of what data FormFree collects from and about you and how we use and share that information. We value transparency and want to provide you with a clear and concise description of how we treat your data.

This Policy does not cover data we collect through our websites or when you interact with FormFree outside of using our product or services, such as emailing or calling us directly.

FormFree’s services are not directed to individuals under 18 and we do not knowingly collect data relating to individuals who are minors.

Our Data Practices

FormFree is committed to providing consumers with meaningful control over their data. This section describes FormFree’s data practices relating to our processing of information about you. We also provide summaries of our practices organized by category of information collected and by product at the end of this Policy in the Summaries of Processing Activities section.

Data We Collect and Categories of Sources

As explained in greater detail below, the data we collect, use, and share depends on the FormFree products and services that you utilize. Depending on which of FormFree’s products or services you utilize, FormFree may collect the following:

• Data you provide to us
• Data from financial institutions when you connect your financial account(s)
• Data from the electronic device you use to connect

Data you provide to us. When you use FormFree’s products or services, like when you connect your financial institution account(s) through FormFree, we may collect the following data from you:

• identifiers like name, address, phone number, date of birth and social security number
• login data required by the provider of your account(s), like your username and password or a security token

When you provide this data, you also give FormFree permission and authority to act on your behalf to access and transmit your data to and from the relevant financial institution that holds your financial account(s) (we’ll call them “financial partners” in this Policy).

Data we collect from financial partners when you connect your financial account(s). Depending on which FormFree products you utilize, as well as what and how information is made available by your financial institution, we may collect the following data from financial partners when you connect your financial account(s) with FormFree:

• Account data, including financial institution name, account name, account type, account ownership, branch number, IBAN, BIC, account number, routing number, and sort code;
• Data about an account balance, including current and available balance;
• Data about credit accounts, including due dates, balances owed, payment amounts and dates, transaction history, credit limit, repayment status, and interest rate;
• Data about loan accounts, including due dates, repayment status, balances, payment amounts and dates, interest rate, guarantor, loan type, payment plan, and terms;
• Data about investment accounts, including transaction information, type of asset, identifying details about the asset, quantity, price, fees, and cost basis;
• Identifiers and data about the account owner(s), including name, email address, phone number, date of birth, and address information;
• Data about account transactions, including amount, date, payee, type, quantity, price, location, involved securities, and a description of the transaction; and/or
• Professional data, including data about your employer, via payroll information within the transaction data.

Depending on the FormFree service you utilize, and the manner in which the data is made available, the data collected from your financial account(s) may include data from all accounts (e.g., checking, savings, and joint accounts) accessible through a single set of account credentials. For more specifics about data collected in connection with different products and services, see Summary of Processing Activities by Product.

Data we receive from your devices. When you use a device, like your smartphone, tablet, or computer, to connect to our services, we receive data about that device, including:

• internet protocol (IP) address;
• time zone setting and location, device location;
• hardware model and operating system;
• which features within our services you access, browser data, and other technical data about the device.

Information we derive from the data we collect. We may derive additional information about you from the data we collect. For example, we may infer your geolocation, your annual income, or the type of account you’ve chosen to connect.  We may also derive additional information about your ability to pay a loan illustrated by a RIKI value.  “RIKI” means Residual Income Knowledge Index and uses direct source asset data (from the financial institutions you link) to illustrate where you fall on a particular ability to pay scale.  A lower RIKI indicates a lower ability to repay a debt and a higher RIKI indicates a higher ability to repay a debt.

How We Use Your Data

We use your data for the following business and commercial purposes:

• Provide Services: To operate, provide, and maintain our services.
• Develop Existing Services: To improve, enhance, modify, add to, and further develop our services.
• Help Prevent Fraud or Protect Privacy: To help protect you, our partners, FormFree, and others from fraud, malicious activity, and other privacy and security-related concerns.
• Develop New Services: To develop new products and services.
• Develop Insights: To develop insights based on the data we’ve collected about you. This includes your transaction data and data from other sources, to help provide services and/or a better user experience to you, like providing you with a streamlined loan application process.
• Provide Support: To provide support to you, including to help respond to your inquiries related to our services or developers’ apps.
• Investigate Misuse and Misconduct: To investigate any misuse of our products or services, including criminal activity, or other unauthorized access to our services.
• For Legal Purposes: To comply with contractual and legal obligations under applicable law and for other legal purposes such as to establish and defend against claims.
• With Your Consent: For other notified purposes with your consent or at your direction.

We may collect, use, and share data that has been aggregated or anonymized in a manner that does not identify you personally for any purpose permitted under applicable law. This includes creating or using aggregated or anonymized data to develop new services or to facilitate research, to the extent permitted under applicable law.

We may collect and share cookie data with third parties when you visit our website, or we may allow third parties to collect this cookie data from our sites.

Our Retention and Deletion Practices

We retain your data for as long as is necessary. To determine whether the data is needed, we consider the reason your data was collected and used and any legal requirements to hold onto your data. We review your data periodically to ensure it is still needed to fulfill the purpose for which it was collected or any other legal requirements.

Your data will only be processed as required by law or in accordance with this Policy.

Please refer to the “Your Data Protection Rights” section of this Policy for options that may be available to you, including how to request deletion of your data. You can also contact us about our data retention practices using the contact information in the “Contacting FormFree” section below.

Protection of Data

FormFree’s security policies and practices are designed to protect the confidentiality and integrity of your data (such as Social Security number and other personally identifiable information), as well as any other data we collect about you. FormFree implements least privileged access controls designed to limit access to this data to personnel who have a business reason to know it and prohibits its personnel from unlawfully disclosing this data.

Additional Details

Your Data Protection Rights

FormFree will honor the following rights related to your personal data, subject to some limitations and exceptions provided by law, and you will not be discriminated against for exercising them:

• Access data collected about you
• Request, under certain circumstances, that we erase or restrict the processing of your data
• Where processing of your data is based on consent, withdraw that consent

We welcome and appreciate the chance to address any concerns you may have and encourage you to contact us. In addition, and depending on your jurisdiction, you may have the right to make a complaint at any time to your (data protection) supervisory authority.

To exercise any rights you have, you can email your request to support@formfree.com. You can also contact us as described in the “Contacting FormFree” section below to exercise any of your data protection rights. You may be required to provide additional information necessary to confirm your identity before we can respond to your request.

If we receive your request from an authorized agent, we may ask for evidence that the agent has valid written authority, like a power of attorney, to submit requests on your behalf.

We will consider requests and provide our response within a reasonable period of time (and within any time period required by applicable law). Please note, however, that certain data may be exempt from such requests, for example if we need to keep the data to comply with our own legal obligations or to establish, exercise, or defend legal claims.

Changes To This Policy

We may update or change this Policy from time to time. If we make any updates or changes, we will post the new policy on this website: portal.formfree.com/privacy and update the effective date at the top of this Policy.

Contacting FormFree

If you have any questions or complaints about this Policy, or about our privacy practices generally, you can contact us at compliance@formfree.com or by mail at:

FormFree Holdings Corporation

8830 Macon Highway, Building 200

Athens, GA 30606

 

Summaries of Processing Activities

Summary of Processing Activities by Category of Information

To help provide even greater transparency around our practices, we consolidated the information provided in our Policy above into a table that matches the categories of data FormFree collects about you with the sources of the data, uses of the data, and the categories of recipients with whom FormFree shares the data. For more detailed descriptions of our data collection, use, and sharing practices, please refer back to the sections of the Policy above.

Category of Personal Information & Examples	Source of Personal Information	Uses of Personal Information	Categories of Parties with Whom Personal Information May Be Shared
Identifiers for example: name, address, phone number, date of birth, social security number and financial institution credentials	Data you provide Data we collect from your financial accounts Data we receive from your devices Data we receive about you from other sources	Provide Services Develop Existing Services Help Prevent Fraud or Protect Privacy and Security Develop New Services Develop Insights Provide Support Investigate Misuse and Violations For Legal Purposes With Your Consent	Financial institutions Partners and contractors in connection with the services they perform for us Professional advisors Cloud storage services providers Third parties when compelled by law, such as to law enforcement or other governmental authorities
Financial Data for example: account number, balance, and transaction history	Data you provide Data we collect from your financial accounts Data we receive about you from other sources Data we derive from data we collect from you or other sources	Provide Services Develop Existing Services Help Prevent Fraud or Protect Privacy and Security Develop New Services Develop Insights Provide Support Investigate Misuse and Violations For Legal Purposes With Your Consent	Financial institutions Partners and contractors in connection with the services they perform for us Professional advisors Cloud storage services providers Third parties when compelled by law, such as to law enforcement or other governmental authorities
Location Data for example: timezone setting and device location	Data we receive from your devices Data we derive from data we collect from you or other sources	Provide Services Develop Existing Services Help Prevent Fraud or Protect Privacy and Security Develop New Services Develop Insights Provide Support Investigate Misuse and Violations For Legal Purposes	Financial institutions Partners and contractors in connection with the services they perform for us Professional advisors Cloud storage services providers Third parties when compelled by law, such as to law enforcement or other governmental authorities
Professional Data for example: information about your employer and payroll information	Data you provide Data we collect from your financial accounts Data we receive about you from other sources Data we derive from data we collect from you or other sources	Provide Services Develop Existing Services Help Prevent Fraud or Protect Privacy and Security Develop New Services Develop Insights Provide Support Investigate Misuse and Violations For Legal Purposes With Your Consent	Financial institutions Partners and contractors in connection with the services they perform for us Professional advisors Cloud storage services providers Third parties when compelled by law, such as to law enforcement or other governmental authorities
Electronic Network Activity Data for example: your device hardware model and operating system, and browser data	Data we receive from your devices	Provide Services Develop Existing Services Help Prevent Fraud or Protect Privacy and Security Develop New Services Develop Insights Provide Support Investigate Misuse and Violations For Legal Purposes	Financial institutions Partners and contractors in connection with the services they perform for us Professional advisors Cloud storage services providers Third parties when compelled by law, such as to law enforcement or other governmental authorities
Information We Derive for example: we may derive location from IP address or your annual income from your pay stubs	Information we derive from data we collect from you or other sources	Provide Services Develop Existing Services Help Prevent Fraud or Protect Privacy and Security Develop New Services Develop Insights Provide Support Investigate Misuse and Violations For Legal Purposes With Your Consent	Financial institutions Partners and contractors in connection with the services they perform for us Professional advisors Cloud storage services providers Third parties when compelled by law, such as to law enforcement or other governmental authorities

 

 

 

Consumer Privacy Notice

Last Updated: November 15, 2023

	WHAT DOES FORMFREE DO WITH YOUR PERSONAL INFORMATION?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you, or the app developer you are connecting to, use. This information can include: Social security number and date of birth, name and address Account transactions and transaction history Bank login information and income and employment information
How?	All financial companies need to share consumers’ personal information to provide their products and services. In the section below, we list the reasons financial companies can share their consumers’ personal information; the reasons FormFree chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information	Does FormFree share?	Can you limit this sharing?
For our everyday business purposes – such as to connect and share data from your financial accounts to power the apps you use, as well as to protect against fraud or misuse, respond to court orders and legal investigations, or report to credit bureaus.	Yes	No
For our marketing purposes	No	We don’t share
For joint marketing with other financial companies	No	We don’t share
For our affiliates’ everyday business purposes – information about transactions and experiences	No	We don’t share
For our affiliates’ everyday business purposes – information about creditworthiness	No	We don’t share
For nonaffiliates to market to you	No	We don’t share

Questions

Contact us support@formfree.com

Who we are
Who is providing this notice?	FormFree Holdings Corporation

What we do
How does FormFree protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and secured buildings.
How does FormFree collect my personal information?	We collect your personal information, for example, when you provide such information, consent for us to receive such information or when you utilize our products or services.
Why can’t I limit all sharing?	Federal law gives you the right to limit only: sharing for affiliates’ everyday business purposes – information about your creditworthiness; affiliates from using your information to market to you; sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. We will share information with Karma Credit LLC for credit report activities and only after receiving your consent.
Nonaffiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies. FormFree does not share with nonaffiliates for marketing purposes.
Joint marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. FormFree does not joint market.
Other Important Information

 

TCPA Consent

You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and authorized third parties and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

 

Opt Out Information

If you no longer wish to receive correspondence from any of our authorized third parties, please see below for contact information to opt out of their communication.