Bill Reporting Terms of Use

This Terms of Use Agreement (“Terms” or “Agreement”) governs the use by you of (“you” or “your”) of the bill reporting credit builder product and its ancillary products and services (“BillReport” or the “bill reporting product”) provided by Upward Financial Inc. and/or a third parties contracted by Upward to provide the bill reporting credit builder product (“Upward”, “we”, or “us”). 

The Terms incorporate by reference, and is subject to the terms of the following:

• the Terms of Service, available at https://www.Upwardli.com/legal/terms (the “Upward Terms”) (to the extent applicable, BillReport will constitute part of the “Services” referenced in the Upward Terms and, in particular, with reference to the Disclaimer of Warranties, Limitation of Liability, and Indemnity provisions contained therein)
  
  
• the Privacy, Policy available at https://www.upwardli.com/legal/privacypolicy (the “Upward Privacy Policy”); and
  
  
• any other additional terms we agree from time to time (collectively, with the Upward Terms, the Upward Privacy Policy, and other such additional terms, the “Additional Terms”). 

In the event of a conflict between these Terms and any Additional Terms, these Terms will govern only with respect to the use of BillReport. 

1. Acceptance of Terms

By accessing or using BillReport, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use BillReport. These Terms represent a legally binding agreement between you and us that you acknowledge is the equivalent of an agreement signed in ink by both parties. By accepting these Terms, you hereby agree that you are legally authorized and capable of agreeing to these Terms and entering into this Agreement. This Agreement will continue to apply for as long as you access or use BillReport. 

2. Explanation of Services

For the purposes of these Terms, “Payment Obligation” means a recurring residential rent, utility (gas, power, water), telecommunications (a telecommunications company), or subscription payment that you are personally liable for and for which you have directed us to report on your behalf; and “Data Source” means your Demand Deposit Account (i.e. bank account) from which payment data will be retrieved.

BillReport allows you to furnish Payment Obligations from a Data Source to one or more credit reporting agencies. We are not able to access all Data Sources.

The fees charged to you for BillReport are listed in Schedule 1. To the extent you need to pay for fees listed on Appendix A, you agree to the auto-pay terms provided on Appendix A.

Upward is not a credit repair organization and does not guarantee any particular changes to your credit file or credit score. Additionally, while we intend to enable your ability to furnish the recurring payments identified by you in line with and following the verifications described in these Terms, each credit reporting agency may choose to include or not include the reported information in your credit file. Finally, certain types of credit scores and files may not include the data reported according to these Terms.

3. Use of the Site

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

• Violate any applicable laws or regulations.
• Interfere with or disrupt the operation of BillReport.
• Use BillReport to transmit any unlawful, infringing, defamatory, obscene, or otherwise objectionable content.
• Attempt to gain unauthorized access to any part of BillReport or any other systems or networks connected to the product.
• Provide us with any inaccurate information (including personal information that we require you to provide) or fail to promptly provide us with notice of changes to any such information.

You agree that we may contact you regarding any matter relating to your use of BillReport. Additionally, you agree that we may contact you through any means of communication permitted by the Upward Terms. 

If your access to BillReport is being provided through your property manager or the bank or credit union that holds your financial account, you agree that we are not liable to you or any third party for any termination of your financial account or access provided through such property manager, bank, or credit union.

For certain services that we offer, we work with third-party intermediaries who, following your direction and consent, may access and transmit personal and financial information about you from one or more of your financial institutions. The third-party intermediaries’ used by Upward for this purpose includes Plaid, Inc. 

We are not responsible for the accuracy of all such information that is provided to us from such third-party intermediaries. It is your responsibility to confirm that all such information is accurate if we provide it to you in connection with the services performed for you.

4. Furnishment of Payment Obligations.

Before viewing your Payment Obligations in one or more of your Demand Deposit Accounts (DDAs), we will first obtain your consent and may then verify your identity, consent, Data Sources, Payment Obligations, and payments to be reported (current and historical) as provided herein and in our Privacy Policy. You may revoke such consent by going to your Upward application and/or terminating your Upward account with respect to this product. 

Should you revoke consent, we will report the Payment Obligation as closed and cease any future reporting; however, any previously reported Payment Obligation may remain on your file with the credit reporting agency as furnished by us and/or a third party furnishing vendor until such time as the credit reporting agency removes this information or you request its deletion.

You may permission our collection and furnishment of payment data from your online account bank account (i.e., demand deposit bank account). 

If the Data Source is an online account, we may confirm the legitimacy of the Data Source via internet or business license search, confirm that your authenticated name and address matches to personal identifying information found within the online account, and confirm that the type of information being retrieved from the online account is compatible with the type of business conducted by the Data Source (e.g., rent payments come from a property management payment portal, telecommunications payments come from a telecommunications provider online account, etc.). If the Data Source is a DDA, we may confirm the DDA is held by a member of the National Credit Union Administration (NCUA), or a bank insured by the Federal Deposit Insurance Company (FDIC) and confirm your authenticated name and address matches to personal identifying information found within the DDA.

Each credit reporting agency can limit the number of Payment Obligations that we may report on your behalf. We may report Payment Obligations for you (as applicable) following your selection and consent. In the event that a credit reporting agency who we report Payment Obligations to does not allow for immediate reporting of the Payment Obligations after we receive your consent, we may store and retain such information until such time that we are permitted by the credit reporting agency to report it. Any credit reporting agencies we and/or Bloom Credit report to reserve the right to not accept every type of Payment Obligation and reject any Payment Obligations reported more than once. YOU HEREBY REPRESENT, AND WE MAY CONFIRM, THAT EACH PAYMENT OBLIGATION REPORTED TO THE CREDIT REPORTING AGENCY IS NOT REPORTED TO IT BY ANY OTHER ENTITY. 

This confirmation may include, but is not limited to: (a) a real-time validation of your credit report prior to our initial reporting of the tradeline; or (b) your attestation that the Payment Obligation is not reported to the credit reporting agency by any other parties.

• If the Payment Obligation is for your payment of rent, you hereby represent, and we may confirm, that the Payment Obligation is for your primary residence and that you do not have an active mortgage or other active rent tradeline reported to the credit reporting agency. This confirmation may include one of the following: a. a real-time validation of your credit report prior to our initial reporting of the tradeline; or b. your attestation that the Payment Obligation is for your primary residence and you do not have an active mortgage or other rent tradeline currently reported to the credit reporting agency.
• If the Payment Obligation is for your payment of utilities, you hereby represent, and we may confirm, that the Payment Obligation is for your primary residence. This confirmation may include one of the following: (a) a real-time validation of your credit report prior to our initial reporting of the tradeline; or (b) your attestation that the Payment Obligation is for your primary residence.

Additionally, if the Data Source is a DDA, we may complete the following steps to confirm Payment Obligations are legitimate prior to reporting them to a credit reporting agency on your behalf:

• If the Payment Obligation is rent, we may confirm payments are made online to a verified property management company or through a rent payment platform in accordance with our policies and procedures; or if you are not making payments directly to a verified property management company or property management software provider (e.g., payments are made via check or Zelle, or to an individual landlord), you may need to provide a current executed rental/lease contract with your authenticated name and address and we may confirm that a minimum of three (3) recurring DDA rent payments in the last six (6) months align with the rental payment amount listed in the executed lease.
• If the Payment Obligation is a utility or telecommunications provider, we may confirm payments are made online to a verified utility or telecommunications company, in accordance with our policies and procedures; or if payments are not made directly to a verified utility or telecommunications company (e.g., payments made via check or Zelle), we may obtain and validate a current utility or telecommunications bill with your authenticated name and address; confirm payment obligation data to be reported is compatible with the type of service conducted by the utility or telecommunications provider; and/or confirm that DDA utility or telecommunications payment transactions reasonably align with the payment due from your current utility/telecommunications bill.

To the extent permitted by a credit reporting agency, we may report payment history preceding your use of BillReport. A credit reporting agency to which we report reserves the right to take any action in their discretion that the credit reporting agency deems necessary to ensure that all such information is being furnished accurately and in accordance with the credit reporting agency requirements. We are not responsible for changes made by a credit reporting agency to the information you have requested be furnished to the credit reporting agency, including any deletions of such previously reported information, or any errors that occur as a result of their acts or omissions.

If you believe that we have not reported your Payment Obligation as you requested through BillReport, you may contact us at support@Upwardli.zendesk.com. Following receipt of your request, we will investigate your request and respond in accordance with applicable law.

5. Additional Agreements

To obtain certain services and products from us, you may have to enter into separate agreements with us and/or third parties who offer our services and products directly to you. These Terms will continue in full force and effect notwithstanding entering into any other separate agreement with us.

6. Privacy

Your use of BillReport is subject to our Privacy Policy, which governs the collection, use, and disclosure of your personal information. In the event that you use or obtain any of our products or services, you may have to provide us with certain personal information, which will be collected and shared in accordance with our Privacy Policy.  The link to the latest version of our Privacy Policy, which may be revised from time to time, can be found at https://www.upwardli.com/legal/privacypolicy. 

These Terms do not limit our Privacy Policy in any way, nor does our Privacy Policy limit these Terms in any way. Additionally, you are responsible for maintaining the confidentiality of any accounts and passwords you establish through use of our Site and for restricting access to your devices that contain this information. You are responsible for all activity that occurs under your account. We may suspend or terminate your access to the Site at any time if we suspect your account or password is being used in an illegal, unauthorized, or fraudulent manner.

7. Modification of Terms and Site

We reserve the right to modify these Terms at any time and for any reason by posting the revised Terms on our website or by making them available to you through other commercially reasonable means.  Your continued use of BillReport after the revised Terms have been made available to you constitutes your acceptance of the revised Terms. We also reserve the right to modify or discontinue the bill reporting or any products, services offered in connection therein at any time and for any reason, without notice to you.

8. Governing Law and Dispute Resolution

These Terms are governed in accordance with the laws of the State of Washington, without regard to conflict of law provisions, and disputes between you and Upward shall be governed by the “Dispute Resolution and Governing Law” section of the Upward Terms. 

9. Miscellaneous

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of the terms and conditions set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use and the Privacy Policy constitute the entire agreement between us with respect to the subject matter hereof.

10. Contact Us

If you have any questions or concerns about these Terms, contact us at support@Upwardli.zendesk.com.