Terms of Service

Last updated: July 2026

These Terms of Service (the “Terms”) form a binding agreement between ProofUp, Inc. (“ProofUp,” “we,” “us,” or “our”) and the business, entity, or individual that accesses or uses the ProofUp platform (“Customer,” “you,” or “your”). Please read them carefully. They govern your access to and use of ProofUp’s websites, applications, dashboards, application programming interfaces, and related screening services (collectively, the “Services”).

1. Acceptance of Terms

By accessing or using the Services, creating an account, clicking to accept these Terms, or otherwise indicating your assent, you agree to be bound by these Terms and by all applicable laws and regulations. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” and “Customer” refer to that entity. If you do not agree to these Terms, you may not access or use the Services. If a separate, signed master subscription agreement or order form exists between you and ProofUp, that agreement governs and controls to the extent of any conflict with these Terms.

2. Definitions

“Applicant” means any prospective tenant, occupant, guarantor, or other individual whose information is submitted to the Services for screening. “Screening Output” means any score, flag, indicator, risk signal, confidence level, extracted data point, verification result, fraud assessment, summary, or other output generated by the Services. “Housing Decision” means any decision to approve, deny, condition, price, delay, or otherwise act upon an application for tenancy, occupancy, lease renewal, or move-in, including any decision to admit an Applicant to a property or unit. “Applicant Data” means personal information relating to an Applicant that is submitted to or processed by the Services.

3. Description of the Services

ProofUp provides AI-assisted and automated tools that support tenant screening, including document fraud detection, identity verification, income and employment verification, document data extraction, and related risk signals. The Services are informational and decision-support tools only. ProofUp is a technology provider. ProofUp does not select tenants, does not make Housing Decisions, does not manage properties, and is not a party to any lease, application, or landlord-tenant relationship. The Services are not legal, financial, underwriting, or professional advice, and no Screening Output constitutes a recommendation, instruction, or direction to take or refrain from taking any action with respect to any Applicant.

4. Screening Output Is Advisory Only

All Screening Output is advisory, probabilistic, and provided solely to assist you in your own independent evaluation of an Applicant. Screening Output does not represent a determination that any Applicant is qualified or unqualified, safe or unsafe, truthful or fraudulent, creditworthy or not creditworthy, or suitable or unsuitable for any property, unit, or tenancy. You acknowledge that ProofUp’s tools rely on artificial intelligence, machine learning, statistical modeling, optical character recognition, and third-party data sources, each of which has inherent limitations and may produce results that are incomplete, outdated, inaccurate, or not determinative. You agree not to treat any Screening Output as a substitute for your own judgment, verification, and legal obligations.

5. Customer Is the Sole Decision-Maker for All Move-In and Housing Decisions

You are, and at all times remain, the sole and exclusive decision-maker with respect to every Housing Decision. You alone decide whether to approve, deny, condition, price, or otherwise act on any application, and whether to admit or decline to admit any Applicant to any property or unit. ProofUp neither makes nor participates in any such decision.

You expressly acknowledge and agree that:

  • Any Housing Decision, including any move-in approval, denial, conditional approval, deposit or pricing determination, or occupancy outcome, is made by you in your sole discretion and on your sole responsibility.
  • You will not rely on Screening Output as the sole basis for any Housing Decision, and you will apply your own independent review, policies, and lawful screening criteria to each Applicant.
  • ProofUp is not responsible or liable for any Housing Decision, for the consequences of any Housing Decision, or for any act or omission of any Applicant, tenant, occupant, guest, or third party admitted to, or excluded from, a property.
  • ProofUp bears no responsibility for any harm, loss, damage, injury, default, non-payment, property damage, lease violation, criminal act, holdover, eviction, or any other event arising from or relating to any Applicant you approve, deny, or admit, regardless of any Screening Output.

To the fullest extent permitted by law, you assume all risk associated with your Housing Decisions and release ProofUp from any claim that a Housing Decision was made or influenced by, or should have been prevented by, any Screening Output.

6. No Guarantee of Accuracy, Completeness, or Fraud Detection

ProofUp does not warrant or guarantee that the Services will detect all fraud, forgery, misrepresentation, altered documents, synthetic identities, or falsified income or employment, or that any identity, document, or income will be correctly verified. No screening system, including ProofUp, can identify every instance of fraud or guarantee the truthfulness of any Applicant or the authenticity of any document. Screening Output may include false positives and false negatives. You acknowledge that a “pass,” clearance, low risk score, or absence of a fraud flag is not a guarantee of authenticity, eligibility, or Applicant suitability, and that a flag or high risk score is not a determination that fraud or ineligibility has occurred. You are responsible for independently verifying any information material to your Housing Decisions.

7. Compliance With Fair Housing and Anti-Discrimination Laws

You are solely responsible for ensuring that your use of the Services and every Housing Decision complies with all applicable fair housing and anti-discrimination laws, including the federal Fair Housing Act and any state, provincial, and local equivalents. You must not use the Services, or any Screening Output, to discriminate against any Applicant on the basis of race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected under applicable law, including source-of-income and other protections that may apply in your jurisdiction. ProofUp does not review, approve, or endorse your screening criteria and is not responsible for how you weigh or apply Screening Output in your decision-making.

8. Consumer Reporting and Adverse Action Obligations

Depending on how you use the Services and the data sources involved, certain uses may be subject to the federal Fair Credit Reporting Act (“FCRA”) and analogous state laws. Where such laws apply, you are responsible for meeting your obligations, which may include certifying a permissible purpose, providing required disclosures and adverse action notices to Applicants, and honoring Applicant rights to dispute and correct information. Nothing in these Terms limits, waives, or purports to waive any right or protection that applicable consumer-reporting, privacy, or housing law grants to any Applicant or consumer, or any non-waivable statutory duty owed by ProofUp. Where ProofUp acts as a consumer reporting agency for a given use, ProofUp will perform its corresponding statutory duties, and this allocation of decision-making responsibility to you does not eliminate those duties.

9. Applicant Consent and Permissible Purpose

You represent and warrant that, before submitting any Applicant Data to the Services, you have obtained all consents, authorizations, and permissions required by applicable law to collect, submit, and process that data for screening, and that you have a permissible and lawful purpose for each screening you request. You are solely responsible for the accuracy and lawfulness of the Applicant Data you submit and for handling Applicant Data in accordance with applicable privacy and data protection laws.

10. Human Review Requirement and AI Limitations

The Services incorporate artificial intelligence and machine learning systems that generate probabilistic outputs and are subject to error, bias, drift, and limitations inherent to such systems. You agree to maintain meaningful human review of, and human responsibility for, every Housing Decision, and not to configure or use the Services to make automated, unreviewed decisions about Applicants. You are responsible for establishing and following your own review procedures, decision criteria, and record-keeping practices.

11. Third-Party Data and Integrations

The Services may rely on, or integrate with, third-party data sources, verification providers, and systems. ProofUp does not control and is not responsible for the accuracy, availability, completeness, or timeliness of third-party data or services, and disclaims liability for any Screening Output that is affected by errors, omissions, or unavailability of third-party sources.

12. Customer Responsibilities and Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms and all applicable laws. You will not misuse the Services, attempt to reverse engineer or circumvent the Services, use the Services to build a competing product, submit data you are not authorized to submit, or use Screening Output for any purpose other than evaluating a bona fide Applicant for a legitimate housing purpose. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

13. Disclaimer of Warranties

THE SERVICES AND ALL SCREENING OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PROOFUP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL DETECT ALL FRAUD OR CORRECTLY VERIFY ANY IDENTITY, DOCUMENT, OR INCOME.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PROOFUP WILL NOT BE LIABLE FOR ANY HOUSING DECISION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, RENTS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES, ANY SCREENING OUTPUT, OR ANY ACT OR OMISSION OF ANY APPLICANT OR TENANT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROOFUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PROOFUP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO PROOFUP FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including any non-waivable obligations under consumer-reporting or housing laws.

15. Indemnification

You agree to defend, indemnify, and hold harmless ProofUp and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your Housing Decisions, your use of the Services or Screening Output, your screening criteria, your failure to obtain required Applicant consents, or your violation of any applicable law or of these Terms.

16. Termination and Suspension

Either party may terminate the Services in accordance with the applicable subscription agreement or order form. We may suspend or terminate your access to the Services immediately if you breach these Terms, misuse the Services, or create risk or legal exposure for ProofUp or others. Provisions that by their nature should survive termination, including Sections 4 through 15, will survive.

17. Changes to the Services and These Terms

We may modify the Services or these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where required, provide additional notice. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

18. Governing Law and Miscellaneous

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, together with any applicable subscription agreement or order form, constitute the entire agreement between you and ProofUp regarding the Services.

19. Contact

Questions about these Terms? Email sales@proofuphq.com.

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