BYS, LLC. Terms of Service

Last Updated: March 10, 2023

Please read these entire BYS, LLC. Terms and conditions (these “Terms and Conditions”) and indicate whether you agree to these Terms and Conditions by clicking the “I Agree” or similar button.

These Terms and Conditions define the relationship between BYS, LLC. a Missouri corporation doing business as Boost Your Score, and its affiliates and subsidiaries (“BYS” or “we” or “us”), and you, the person registering for or using our Services (“customer,” “you” or “your”). You may use the Services (defined below) only if you reside in a U.S. state in which the Services are provided, are age 18 or older, can form a binding contract with us, and are not a person prohibited from receiving Services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you may not agree to these Terms and Conditions and may not use the Application or Services. You may use the Services only in compliance with these Terms and Conditions and all applicable laws and regulations.

We may amend these Terms and Conditions at any time by posting revised Terms and Conditions on the Site (as defined below). We may terminate these Terms and Conditions or the Services at any time by suspending or terminating access to the Services and/or notifying you. You can see when these Terms and Conditions were last revised by referring to the “Last Updated” legend above. Your continued use of the Services after we have posted revised Terms and Conditions signiﬁes your acceptance of such revised Terms and Conditions. No amendment or modiﬁcation of these Terms and Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

Customer Identification Program Notice

Important Information You Need to Know About Opening A New Account
Federal law requires financial institutions such as BYS, as well as the banks and certain of the third-party service providers we work with to issue consumer credit products and services in connection with the Services, to obtain, verify, and record information that identifies each person who opens an account. The information you provide us will be used to verify your identity for purposes of establishing the basic BYS account with which you will be provided a credit score and other information and services (a “BYS Account”), and to provide the credit reporting services described below under “Credit Reporting Services.” If you decide to apply for a credit builder loan, secured credit card, or another consumer credit or other financial product or service we may offer in the future, those products are issued by third party financial institutions (the “Issuing Banks”) with whom BYS works as an outsourced service provider. We may provide the information you have provided us to the relevant Issuing Banks to verify your identity in connection with the opening of the accounts associated with such products (each, an “Issuing Bank Account,” and, together with the BYS Account, an “Account”), or we and/or the Issuing Banks may ask you for updated information. We may also provide the information you have provided us to CSIdentity Corporation and its representatives and affiliates and other credit reporting agencies in order to provide you the credit reporting services described below under “Credit Reporting Services.”

Types of Information You Will Need to Provide
When you open an account, we are required to collect information such as the following from you:

Your name
Date of birth
Address
Identification number

US Citizen: taxpayer identification number (Social Security Number)
Non-US Citizen: taxpayer identification number, passport number and country of issuance, alien identification card number, or government-issued identification showing nationality, residence and a photograph of you.

You may also need to show your driver's license or other identifying documents.

If Your Identity Cannot Be Verified
We may not be able to open an account for you. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address to which payment of any refund can be sent.

Services

By using the Services, you can use our website, https://www.BoostYourScore.com, (the “Site,” which includes the mobile version of the Site accessible through the Application, as defined below), which contains an interactive platform, to obtain various financial services, including services provided exclusively by BYS (the “BYS Services”) and services provided by BYS’ Issuing Banks with support from BYS (the “Bank Services,” and, together with the BYS Services, the “Services”). The BYS Services provide, among other things, a method for customers to access credit score information, information regarding financial literacy and education, credit alerts, and access to other financial products and services. The “Services” also include BYS’s mobile application (the “Application”). Additionally, BYS’s online portal provides customers with the ability to apply for Bank Services, which currently include credit building loans and secured credit cards, and may in the future be expanded to include other offerings. BYS and its affiliates offer its Services to customers subject to the following terms and conditions:

We are always working on new ways to improve our Services. We reserve the right to modify or change our Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services except as provided under applicable law. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue any Services.

Compatible Mobile Device Operating System; Mobile Devices Generally

In order to use the BYS Application, you must have a compatible mobile device operating system that meets the specifications established by BYS in its sole discretion, as described in the BYS E-Sign Disclosure. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with the Application for purposes of these Terms and Conditions. The use of any modified mobile device with the Services or BYS Application is a violation of these Terms and Conditions and is grounds for the immediate termination of your Services, including your BYS Account, by BYS without notice to you in BYS’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace (e.g., Apple, Inc. (iOS), or Google Inc. (Android)), and these Terms and Conditions do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving BYS; Apple, Inc. (iOS); Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services).

BYS Site

The Services may be utilized through the Site. Upon visiting the Site, you will be asked to create a BYS Account if you have not already created one. You must create an Account according to the Registration Section, below. If you already have an Account, you must log-in using your password to use the Services.

BYS Referral Program Guidelines

The BYS “refer a friend” program is intended to be a way for you to invite your personal friends, family members, and acquaintances to enjoy the benefits of a BYS Account, and be rewarded for your referrals. Whenever and wherever you refer BYS under the Program, any statements you make about BYS must be:

Truthful and accurate
Reflect your honest beliefs, and
Be free of misleading statements

When referencing BYS, you may only use the language and links provided to you in your account dashboard. Any modification or efforts to modify the delivery and accurate presentation of the referral link, content, or other materials and instructions provided by BYS will be considered a violation of these terms.

Referral Audience:

You may not take out ads on behalf of BYS, or use the BYS logo or likeness without written approval from the BYS team.

Violations and Bonuses

Any violation or abuse of this program may result in the forfeiture or reversal of a referral bonus. You may also be deemed to be ineligible for future referral bonuses.

BYS reserves the right to limit, cancel, or revoke referral bonuses at its sole discretion.

Agreement with Respect to Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between BYS and you. You are responsible for regularly reviewing these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on the Site. Additional terms may govern your use of certain sections within the Services. In the event that any provision, term or guideline contained in a particular section of the Services conﬂicts with these Terms and Conditions, the terms of such Web page or section shall control. You acknowledge that you have read these Terms and Conditions, and accept, understand and will be bound by such Terms and Conditions. You further acknowledge that these Terms and Conditions, together with the BYS Privacy Policy and BYS Customer Terms of Service, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement, oral or written, and any other communications between us relating to your access or use of the Services. Additional documentation may be applicable to your relationship with Issuing Banks in connection with the Bank Services.

Privacy Policy

The information you provide to BYS, including your personal information, is subject to the terms of the BYS Privacy Policy, which is available at https://www.BoostYourScore.com/privacy-policy. By entering into these Terms and Conditions, you represent that you have read, understood and accepted the BYS Privacy Policy.

Registration

You may also apply for Bank Services including consumer credit products such as a savings-secured installment loan, called a “credit builder loan,” and a secured credit card. Through the Site you can also obtain offers for products and services from time to time from third-party vendors other than our Issuing Banks. The decision to provide information to us is purely optional, and if you elect not to provide such information, you will still be able utilize the Services, provided that you will not be able to obtain the credit score information available through the BYS Services or the credit products and accounts available through the Bank Services unless you provide the personal information the law requires be collected in connection with such products and services.

Only customers eighteen (18) years of age or older with a valid United States Social Security number (“SSN”) may register and participate in BYS’s valuable products and services offer program. By registering for an Account, you certify that you are eighteen (18) years of age or older.

When you provide information through the Services, you agree to furnish only true, accurate, current and complete information about your BYS and not to misrepresent your identity or your account information.

If you register to create a BYS Account through the Services, you consent to accept responsibility for all activities that occur under your Account or password. It is your responsibility to maintain the confidentiality of your password, and to restrict access to your computer, mobile device, or other Internet access device so that no one else can access the password-protected portion of the Services using your name or Account information in whole or in part.

We maintain the right to delete your Account or bar you access to the Services in our sole discretion, without notice and without liability.

If any information you furnish is fraudulent, inaccurate or not current, or if BYS has reasonable belief to suspect that such information is untrue, inaccurate or not current, BYS, in its sole discretion, has the right to deny or terminate your use of any Service and refuse all current or future access to the Service. Further, you agree that BYS will not be liable to you or any third party if BYS bars your access for any reason. BYS has the rights to your account information set forth in the Privacy Policy.

While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, annual income, driver’s license number and social security number or individual taxpayer identification number); and personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

Customer Consent to Access Account Information

If you apply for and receive a credit builder loan from an Issuing Bank, you hereby consent to us and the issuer of the secured credit card under the Services (the “Credit Card Issuer”) accessing (i) the account information related to your credit builder loan account with the Issuing Bank, and (ii) the account information related to your certificate of deposit account with the Issuing Bank that secures your credit builder loan (collectively, the “Loan Accounts” and the “Account Information”). You acknowledge and agree that the Account Information that we and/or the Credit Card Issuer may access includes, without limitation, account history (such as payment dates and amounts, balance information, and transaction information); financial account information (such as account number, type, and status); and financial account holder information (such as the account holder’s name, address, phone number, and email address). We and/or Credit Card Issuer will request your Account Information from your Issuing Bank on a periodic basis until your consent is withdrawn.

Once we and/or Credit Card Issuer have accessed your Account Information, we and/or Credit Card Issuer may use your Account Information, and disclose the Account Information to third parties, to provide the Services and to market other goods or services to you. You may withdraw your consent at any time by contacting us by email at Easy@BoostYourScore.com or by regular mail at BYS, LLC., 6320 Brookside Plaza, Suite 524, Kansas City MO 64113. Please be aware that the withdrawal of your consent may result in the termination of all or a portion of the Services that we provide to you.

Customer Content and Data Feedback

You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Services, including ideas or inventions collected by BYS (collectively, “Feedback”). Feedback may also include your responses to surveys or other information voluntarily provided by you to BYS. BYS or its Issuing Banks and third party service providers may obtain information from you regarding the use of the Services, including information such as payment transaction data, mobile usage or patterns, online or other activities conducted through your use of the Services. You agree that Feedback (i) contains your original ideas or inventions and is provided by you to BYS without payment or conditions; (ii) once conveyed to BYS, becomes the property (including all intellectual property rights) and confidential information of BYS; (iii) may be used or distributed by BYS for any purpose in connection with the Services or development of any other product or services, including disclosure of such information to affiliates, subsidiaries or third-party developers and publishers; and (iv) permits BYS to collect and use your personal information (including “nonpublic personal information” or “NPI” as defined under the federal Gramm-Leach-Bliley Act and regulations promulgated pursuant to that act), in connection with the Services, provided that BYS does not use or distribute that information except as provided in the Privacy Policy. You agree that your Feedback is provided gratuitously, unsolicited and without restriction. BYS shall have no duties or obligations with respect to Feedback provided by you. BYS shall be entitled to use and disseminate any Feedback for any purpose, in its discretion, without any compensation to you.

Customer Generated Data

he Services may include automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for and in connection with the Services, including but not limited to transaction data, pictures, photographs, videos, and other information, including content generated by you (individually and collectively, “Customer Generated Data”). You acknowledge that BYS and the other creators of Customer Generated Data have rights in their respective content under copyright and other applicable laws, and that except as expressly described in these Terms and Conditions, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any Customer Generated Data in violation of any such rights.

You agree that you will not create, transfer, share, send, submit or upload any Customer Generated Data that:

is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
contains fraudulent statements or misrepresentations that could damage BYS or any third party;
contains any statements or materials that disparage, ridicule or scorn BYS or any third party;
is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
is an advertisement or solicitation of business; or
is an impersonation of another person.

You agree that BYS is not responsible or liable for Customer Generated Data submitted or posted by you or by others. BYS expressly disclaims any and all liability in connection with any Customer Generated Data. BYS has no duty to pre-screen Customer Generated Data.

BYS has the right to edit, remove, block or refuse to post any submitted Customer Generated Data from any network or internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so.

BYS's Ownership and Use of Customer Generated Data

For the purposes of the Services, by posting, transferring, sharing or sending Customer Generated Data in any manner, you understand that BYS owns all such Customer Generated Data generated by you, your mobile device, and any other software or hardware utilized in the Services. You understand and acknowledge that the BYS ownership of such data is in exchange for the benefits and value you receive by participating in the Services.

Optional Authentication and Security Features

BYS may make available to you the following optional authentication and security services via the Application.

Use and Restrictions of Content and Materials

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site or Application (collectively, “Content”) is owned, controlled or licensed by or to us or our Issuing Banks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, Site, and Application are operated and maintained by BYS and its Afﬁliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms and Conditions, no part of the Site, Application, or Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, Application, and Services pursuant to these Terms and Conditions, we retain all right, title and interest in and to the Site, Application, and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms and Conditions. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other customers posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You acknowledge that we may enhance, supplement, modify, or remove Content on the Site and Application at any time for any reason without notice to you, but we shall have no duty to update such Content.

You acknowledge that there may be inaccuracies or typographical errors in content on the Site and Application from time to time and agree that we specifically disclaim all liability for such inaccuracies or errors. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.

We will not provide tax or legal advice with respect to your Account. We will not give you legal advice. You agree that none of the Content provided through the Site or Application is intended as, and shall not be deemed to be, tax or legal advice. You acknowledge that you should consult with a personal tax advisor before making tax-related investment decisions.

Links to Other Sites

The Site contains links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse, monitor, review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Services. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Terms of Use for Credit Offers Conditions, Terms & Disclaimer

The Site is subject to your compliance with the terms and conditions set forth below that apply with respect to credit cards and other third party financial products and services advertised, offered or mentioned through the Site other than the credit cards marketed by BYS on behalf of the Issuing Banks.

BYS’s Financial Relationships with Third Party Advertisers

BYS has financial relationships with some of the credit cards and other third party financial products and services advertised, offered or mentioned on the Site, and BYS may be compensated if consumers choose to apply for these cards and other third party products and services and/or ultimately acquire them.

Rates, Fees and Terms of Third Party Credit Cards and Other Financial Services

Rates, fees and terms shown for third party credit cards and other third party financial products and services advertised, offered or mentioned through the Site include the most up to date annual percentage rates (APR), annual fees, and other applicable terms provided to BYS, and may be subject to frequent change. This information may include only the lowest possible fees and APRs available for each specific card depending on the qualifications of the applicant. APR average does not include cards where APR is 0%, unless viewing offers in the secured card category. “Avg Annual Fees” contains the average of all annual fees in a specific category, even where the fee is $0. Annual fees do not include maintenance, processing, late, overdraft or miscellaneous fees.

Permitted Uses

Subject to the provisions in these Terms and Conditions, you may use the Services for non-commercial purposes to: (i) learn about the Services; (ii) open Accounts to participate in the Services; (iii) select a Service or Services; (iv) access and print or download copies of the current version of these Terms and Conditions and other documentation relating to the Services; and (v) make such other use of the Services as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject to these Terms and Conditions, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the Services and their Content in accordance with these Terms and Conditions, and for no other purpose. All rights, title and interest in and to the customer interface and Content, including any software, on or through the Services shall belong to us or our Licensors and Suppliers, including all modiﬁcations thereof and enhancements thereto. The Content and customer interface made available from, on or through the Services may not be copied, modiﬁed, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms and Conditions is solely for your personal use (but not for resale or redistribution) as a customer of the Services and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and customer interface made available from, on, or through the Services. You have no right or claim of right to the Content or any unique ideas found on the Services. No ownership rights are granted to you hereunder and no title is transferred hereby.

You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

Prohibited Uses

You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the ﬁnancing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any customer of the Services. We reserve the right to take preventative or corrective actions to protect ourselves and our customers. Your use of the Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your afﬁliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another customer’s Account without permission, or solicit another customer’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; (f) “frame” or “mirror” any portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services; (h) harvest or collect information about or from other customers of the Services; (i) use the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi- level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of BYS, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of BYS; (o) use or distribute any Content, including Content that has been veriﬁed or conﬁrmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

Optional Geo-Location Services

In connection with the Application, BYS may offer you geolocation-based functionality, in which case you will have the choice to opt into geolocation services so that BYS may provide more relevant additional services to you based on your current location. By opting into such geolocation services, you consent to the collection, use, sharing and transfer of your geolocation data with BYS and third- party service providers of BYS who help facilitate such services.

Customer Permission for Text Messaging/Alerts, Push Notifications and E- Mail

You grant BYS your express written consent to receive autodialed and prerecorded message calls, text messages or push notification alerts from BYS, or third-party service providers acting on BYS’s behalf, at any mobile telephone number you provide to BYS, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express written permission applies to messages and alerts regarding the BYS Services. By providing your email address to BYS, you agree that BYS or third-party service providers acting on BYS’s behalf, may e-mail Account registration information, Services use information with regard to the Services, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal “do not email” registry. With regard to any text messages, alerts or email relating to the Services, BYS will not include any access codes or similar non-public personal information in such message.

BYS Unauthorized Transaction Policy

This policy applies to unauthorized and/or erroneous transactions involving your BYS Account and/or the registered bank account on file.

Notification Terms

You should immediately notify BYS in the event that you believe any of the following has occurred:

There has been an unauthorized transaction or unauthorized access to your BYS Account;
There is an error in your account history or the payment confirmation sent to you via email;
Your password or email account has been compromised;
Your registered bank account has been compromised;
Your mobile device has been stolen or otherwise compromised; and/or
You need more information about a transaction, a loan payment confirmation, or the policies and procedures listed.

Notification must be provided to BYS within thirty (30) days after the issuance of any bank account or BYS Account statement containing any error. BYS reserves the right to release liability if the disputed claim is not presented to us in a timely fashion as described above.

BYS encourages its customers to log into their BYS Account often to ensure that there has not been an unauthorized transaction or error. BYS will send an email to the email address provided in order to notify you of each transaction from your BYS Account. We recommend that you review these loan payment confirmations to ensure that each transaction is accurate and authorized.

If you believe that the transaction or loan payment history in your BYS Account contains an error, or if you need any information regarding your BYS Account or transactions to determine whether an error exists, you should contact us as soon as possible by using the Contact Us page, or writing to us at:

BYS, LLC..
Attn: Compliance Department
6320 Brookside Plaza
Suite 524
Kansas City, MO 64113

When you contact us about an error or an unauthorized transaction, you may be asked to provide us with the following information:

Your name, address, telephone number, and the e-mail address associated with your BYS Account;
A description of the error or transaction that you are unsure about, and a clear explanation of why you believe it is an error or why you need more information;
The dollar amount of the suspected error;
The transaction date and associated transaction identification number from your BYS Account history and bank account statement;
A telephone number at which you can be reached in case we need further information;
The name and telephone number of your bank if the error relates to a debit from or a credit to your bank account using your BYS Account; and

If you provide us with this information over the phone, we may require that you send us your grievance or question in writing within ten (10) Business Days of your inquiry. If we ask you to put your grievance or question in writing and we do not receive a response from you within ten (10) Business Days, we will consider the inquiry dismissed.

Resolution Process

Once you notify us of any suspected unauthorized activity or error, or we learn of one otherwise, we will do the following:

Conduct an investigation to determine whether there has been an unauthorized transaction or error.
We will attempt to determine whether an error or unauthorized transaction occurred within ten (10) Business Days after we hear from you. If more time is needed to process your claim, we may take up to thirty (30) days to investigate your grievance or question. Notification will be given to you if more time is needed.
We will tell you the results of our investigation within three (3) Business Days after its completion.

- If we determine that there was no error and/or unauthorized transactions, we will send you a written explanation via email of our justification.

- In the event that we do find issues of error and/or instances of unauthorized transactions, we will promptly correct the error by appropriately crediting or debiting the bank account on file. If a credit is issued to your account, the credit will take 2-3 business days from the date of determination to process.

BYS Processing Errors

BYS will take the appropriate actions needed to rectify any error that we discover or that is brought to our attention. If the error resulted in you receiving less than the correct amount to which you were entitled, BYS will credit your bank account for the difference. If the error resulted n you receiving more than the correct amount to which you were entitled, BYS will debit the extra funds from your registered bank account.

BYS reserves the right to waive liability if it is determined that (a) our system was not working properly and you knew about the breakdown when you started the transaction, or (b) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions, (c) notification was not given to BYS in a timely fashion as per our Notification Terms (above), (d) other exceptions allowed by law or provided in our agreement with you.

Authorization for Automatic Payments

If your loan is funded by one of financial institutions listed on the Site, you hereby authorize BYS, LLC., as the loan servicer on your loan, and its successors and assigns, to initiate electronic funds transfers from your designated account provided to BYS on the date of this agreement for monthly repayments on your loan. EACH MONTH, THE DEBIT AMOUNT MAY BE A RANGE OF PAYMENTS, WHICH WOULD INCLUDE YOUR MONTHLY PRINCIPAL AND INTEREST, AND FEES, IF ANY. ANY FEES AUTHORIZED TO BE CHARGED ON YOUR LOAN MAY BE COLLECTED USING ELECTRONIC FUNDS TRANSFERS INITIATED BY US FROM YOUR DESIGNATED ACCOUNT.

Specific Consents Granted upon Submission of Your Registration Form

At the time that you submit your registration form to us to register for the Services and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to these Terms and Conditions):

I understand that by submitting this registration form I am authorizing BYS, once it has obtained my personal information and credit and identify information in its records along with the other information I am submitting through this registration form (collectively, the “Registration Profile”), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other customer’s Registration Profiles. I understand that BYS will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive.

Third Party Offers

We will match offers from third parties against your Registration Profile, in order to ensure that you receive offers that are tailored to you if you opt-in to receiving such offers. BYS believes that customers who have demonstrated positive behavior through loan repayment should be able to reap the rewards of those efforts, including by receiving discounted and favorable pricing and rates on financial products and services. Our technology for matching your Registration Profile to the valuable offers for products and services provided by our third parties is proprietary and, in carrying out such matching, we may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in our sole discretion. We do not guarantee that you will receive offers for any particular types of products or services.

Credit Reporting Services

The relevant Issuing Bank or other third party lender will report loan repayments made by you credit reporting agencies (“CRAs”), which in part is designed to assist parties in establishing a credit history.

Notwithstanding the above, any party may dispute any entry on a credit report provided by BYS to a CRA. Please see the “Dispute of Credit Reporting Information by Customer” section, below.

BYS is not responsible for how any CRA may manage or use the information provided to them by BYS and you agree to hold BYS harmless against any such claims, with all being subject to the “Dispute of Credit Reporting Information by Customer” section of these Terms and Conditions and the Fair Credit Reporting Act. See such CRA for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from BYS to the CRA, that CRA will obtain an ownership interest in that data.

Potential Effect of Delinquency of Credit Reporting

Once payment by a customer for a particular loan repayment has been reported to a CRA, the delinquency of a payment may negatively impact a customer’s credit history. BYS shall not be liable for any claims, charges, demands, damages or adverse impacts on a customer’s credit score or credit history if a customer ceases using BYS’s services and does not complete a loan repayment or has default payments.

Dispute of Credit Reporting Information by Customer

Notice of Dispute

A customer may dispute an entry on their credit report derived from information provided by BYS’s financial partner, to a credit reporting agency by notifying BYS either by mail or by other means available to the customer. The customer shall provide the following information as part of any dispute:

Name of consumer
A brief description of the disputed information
Address of customer or other means for BYS to contact customer with results of investigation

Investigation of Disputed Information

Upon receipt of a notice of dispute from a customer, BYS and a third-party financial institution partner will, free of charge, conduct a reasonable investigation and make a determination of the status of the disputed information within fifteen (15) business days of receipt of the notice of dispute from the customer. The investigation shall include, but is not limited to, all relevant information provided by the customer. The determination shall be one of the following three options:

The dispute is frivolous or irrelevant and the information originally provided is accurate;
The disputed information is inaccurate; or
More information is necessary to make a final determination regarding the disputed information.

Notification of Determination

Once a final determination has been made regarding the disputed information, BYS will notify the customer for that purpose, by other means available to BYS and/or a third-party financial institution within five (5) business days of the determination regarding the disputed information. If BYS determines that the dispute is frivolous or irrelevant, BYS and/or a third-party financial institution shall notify the customer by mail or, if authorized by the consumer for that purpose, by other means available to BYS and/or a third-party financial institution. Said notice shall include:

The reasons for the determination; and
Identification of any information required to investigate the disputed information.

If BYS and/or a third-party financial institution determines that the disputed information is inaccurate, BYS and/or a third-party financial institution shall notify the customer by mail or, if authorized by the consumer for that purpose, by other means available to BYS and/or a third-party financial institution within five (5) business days of the determination and will promptly notify all CRA’s to which BYS provided said information and request that they delete or modify the information as appropriate. If BYS and/or a third-party financial institution determines that more information is necessary to complete its investigation, BYS and/or a third-party financial institution will notify the customer, and the customer’s counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.

Additional Information Request

Upon receipt of the additional information, BYS and/or a third-party financial institution shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by BYS and/or a third- party financial institution under this section. Notice of said determination shall be forwarded to the customer as described above.

Intellectual Property Information and Restrictions

Copyright

The copyright in the Content is held by BYS and is protected by U.S. and International copyright laws and treaties. You are authorized to use the Content sent to you through the Services. You consent that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of BYS. You agree that the Content is and shall remain the sole property of BYS. You may not alter, sell, transfer or create derivative works based on any Content, in whole or in part. The utilization of the Content on any other web site is not permissible without prior written approval from BYS. You may not, without BYS’s prior consent, “copy” any material on the Services on any other server. You may not reverse engineer any of the Services’ technologies.

Unpermitted application of any Content on the Services may breach copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

Trademarks

BYS (including the BYS logo), BoostYourScore.com, and all related logos (collectively the “BYS Trademarks”) are trademarks or service marks of BYS. Other company, product, and service names and logos used and exhibited on the Services may be trademarks or service marks owned by BYS or others. Nothing in the Services should be interpreted as allowing, by association, estoppel, or otherwise, any license or right to use any of the BYS Trademarks displayed on the Services without our prior written permission in each case. You may not use, copy, display, distribute, modify or reproduce any of the BYS Trademarks found on the Services unless following written permission by us. We forbid use of any of the BYS Trademarks as part of a link to or from any site unless such a link is approved, prior, in writing by us. Any questions concerning any BYS Trademarks, or whether any mark or logo is a BYS Trademark, should be referred to BYS.

Copyright Complaints

DMCA. You may not use the Sites for any use or in any aspect that violates the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), BYS has an agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of deleting the accounts of customers who (to our knowledge) are repeat violators. Procedure. If you believe that any materials on Sites encroaches your copyrights, notifications of claimed copyright violation should be sent to BYS’ designated agent as set forth below. Notification should include whenever possible:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted material that you believe has been violated;
a description of where the material you claim is infringing is located in the Services;
a statement by you that believe that the disputed use is not permitted by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

BYS, LLC.
c/o Compliance Department
6320 Brookside Plaza, Suite 524
Kansas City, MO 64113
Email address: Easy@BoostYourScore.com

It can be difficult to assess whether your intellectual property rights have been infringed. We may request additional information before we delete any violating material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Warranties, Disclaimers and Limitations of Liability

You represent and warrant to BYS that (a) all information, including, without limitation, personal information, that you provide to us is accurate and truthful, and you will update such information with BYS as soon as it changes, (b) you have the authority to share personal information with us and to grant us the right to use personal information as provided in these Terms and Conditions and BYS Privacy Policy, (c) you have the right to grant us the licenses speciﬁed in the section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Services pursuant to these Terms and Conditions does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, (e) you will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operations of the Services, (f) the account with your mobile service provider for the mobile device on which you are using the Services, including the Application, is current and in good standing, (g) you are at least 18 years of age and have the right, power, and authority to enter into these Terms and Conditions, and (h) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BYS AND ITS DATA PROVIDERS AND OTHER THIRD-PARTY SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, BYS AND ITS DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SERVICES OR DATA THEREIN.

Although BYS makes efforts to provide an accurate Site and Application, the Site and Application and all respective parts thereof are provided “as is”, “with all faults”, and “as available”. BYS and its Affiliates and their respective managing members, officers, directors, employees and third party suppliers (collectively, the “Company Parties”) disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory, including without limitation (1) as to title, merchantability, fitness for ordinary purposes and fitness for a particular purpose and non-infringement, (2) the quality, accuracy, timeliness or completeness of the site, the application and their respective content, (3) those arising through course of dealing, course of performance or usage of trade, (4) the Site, the Application and their content conforming to any function, demonstration or promise by any Company Party and (5) that access to or use of the Site, Application, or their Content will be uninterrupted, error-free or completely secure. Any reliance upon the Site, the Application and their respective Content is at your own risk and BYS makes no warranties. BYS reserves the right to restrict or terminate your access to the Site, the Application and their respective Content or any feature or part thereof at any time. If you download the Application or any Content from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download of any such Content.

Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third- party customers identiﬁed through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other customers or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identiﬁable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

You acknowledge that access to the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. For instance the Services may be limited or unavailable from time to time, including due to systems maintenance or enhancements, usage demands, software or hardware malfunctions, or occurrences beyond the control of BYS and its third parties (including operator errors, market volumes and volatility, power failures, equipment failures, communications failures, natural disasters, terrorist acts, and warfare). We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Services will be operable at all times or at any particular time or that access will be continuous or uninterrupted.

We reserve the right to do any of the following, at any time, without notice:

(1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms (except as described in the BYS Privacy Policy); and (3) to interrupt the operation of the Site or Application and/or provision of Services, or any portion of the Application or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS AND CONDITIONS.

Limitation of Remedies

In no event shall BYS be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, Application, or their Content, with the delay or inability to access or use the Site, Application, or related Services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the Site, Application, or their Content, or otherwise arising out of the use or access of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if BYS has been advised of the possibility of damages. Any services or content made available or obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

If you are dissatisfied with any portion of the Site, the Application, or their respective content, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Site and uninstall the Application.

Returns and Refunds Policy

We do not issue refunds for products or services once the order is confirmed and the product sent and/or service rendered. We recommend contacting us for assistance if you experience any issues receiving or using our products or services. If you have any questions about our Returns and Refunds Policy, please contact us at Easy@BoostYourScore.com.

Indemniﬁcation for Content and Materials

You will indemnify and hold BYS and its Afﬁliates harmless with respect to any suits or claims arising out of (i) your breach or alleged breach of these Terms and Conditions, including, but not limited to, any infringement or alleged infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Services or your misuse or abuse of the Services; (iii) your violation or alleged violation of applicable laws, rules or regulations in connection with your use of the Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms and Conditions. You agree to indemnify and hold BYS, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of any content submitted, posted, or otherwise provided by you to BYS and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of any provisions of these terms and conditions.

Governing Law and Dispute Resolution

These Terms and Conditions shall be subject to and construed under the laws of the State of Missouri, without reference to the conflicts of law provisions thereof.

These Terms and Conditions contain a pre-dispute arbitration clause, which applies to these Terms and Conditions. By clicking “Agree” and consenting to these Terms and Conditions, BYS and you agree as follows:

All parties to these Terms and Conditions are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.

The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.

The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.

Pre-dispute arbitration clause: You understand and agree that all claims, disagreements, disputes or controversies between you and BYS, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. Because the Services provided to you by BYS concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in Kansas City, MO. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA’s Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other customers/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.

NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against BYS in connection with or related to the Services will be resolved individually, without resort to any form of class action.

You and BYS agree that any controversy or claim between You and BYS, or between You and any of the officers, employees, agents, or affiliated companies of BYS, arising out of or relating to these Terms and Conditions, any of the transactions contemplated under these Terms and Conditions, any of the Services provided pursuant to these Terms and Conditions, any of the discussions or negotiations leading up to the making of these Terms and Conditions, or any relationship that results from any of the foregoing, whether based in contract, or an alleged tort, or on any other legal theory, and whether asserted as an original or amended claim, counterclaim, cross claim, or otherwise, shall be governed by federal law and all applicable substantive laws of the State of Missouri (without regard to its conflict of laws principles). Governing Missouri law may be supplemented as necessary by federal law. You agree that if there is any inconsistency between the terms of these Terms and Conditions and any applicable law, regulation or rule, the terms of these Terms and Conditions will prevail to the extent any such law, regulation or rule may be modified by agreement.

To the maximum extent permitted by applicable law, no action, regardless of form, arising out of these Terms and Conditions may be brought by either party more than two (2) years after the claiming party knew or should have known of the cause of action.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BYS as a result of these Terms and Conditions or accessing the Services. BYS’ performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of BYS’ right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Services or information provided to or gathered by BYS with respect to such use.

Interpretation

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise speciﬁed in these Terms and Conditions, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by conﬁrmed facsimile, or (iv) the ﬁrst business day after sending by email.

Notices to us must be sent in writing to the following address:

BYS, LLC.
6320 Brookside Plaza, Suite 524
Kansas City, MO 64113
or via email addressed to: Easy@BoostYourScore.com

and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms and Conditions (including your customer registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an afﬁliate, or in connection with a change in control. Subject to the foregoing, these Terms and Conditions shall bind and inure to the beneﬁt of the parties, their respective successors and permitted assigns.

Termination

The term of these Terms and Conditions will continue until terminated by you or BYS as set forth below.

We may terminate your Account(s) and associated privileges immediately if you fail to comply with these Terms and Conditions. BYS also reserves the right to terminate your participation at any time, in BYS’ absolute discretion, without cause. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemniﬁcation,” and this Section regarding Termination shall survive any termination or expiration of these Terms and Conditions.

If you want to terminate the Terms and Conditions with BYS, you may do so by notifying BYS in writing at 6320 Brookside Plaza, Suite 524, Kansas City MO 64113 and including your name, date of birth, and email address for your BYS Account.

You may also terminate your account online.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other related terms incorporated by reference as a part hereof, represent the entire understanding between you and BYS governing the Services. In the event of any conflict between these Terms and Conditions and the terms of a third-party agreement, the terms of these Terms and Conditions will prevail as between you and BYS. Additional agreements may be applicable to your relationship with Issuing Banks in connection with the Bank Services.

Questions

Should you have any questions concerning these Terms and Conditions, please contact us by email at Easy@BoostYourScore.com or by regular mail at BYS, LLC., 6320 Brookside Plaza, Suite 524 Kansas City, MO 64113. For an online copy of these Terms and Conditions, please go to https://www.BoostYourScore.com.

Terms of Use for Consumer Report Disclosure Agreement

The BYS Matching Program (the “Program”) is a tool that matches you with offers from our participating partners (“Participating Partners”). By participating in the Program you agree to these terms and conditions (“Terms”). Please read these Terms carefully.

Participating Partners may vary. BYS will determine, in its sole discretion, the Participating Partners that may participate in the Program. We do not include all available financial products within the pre-qualification experience.

You are instructing BYS to share your information with Participating Partners. By participating in the Program, you are consenting to have your information shared with Participating Partners on an ongoing basis so they may pre-qualify you for personalized offers.

You are consenting to soft inquiries on your credit, which will not impact your credit score. This means you are authorizing Participating Partners and/or BYS to access your credit report information from one or more consumer credit reporting agencies. Some Participating Partners may first use your information to determine if there are any previously matched offers available without pulling a new credit report, and if no offers are available, you are authorizing each Participating Partner to make a soft inquiry on your credit. These soft inquiries are used to match you with pre-qualified offers and will not impact your credit score, but understand that your consumer report record may indicate that a Participating Partner has made a promotional inquiry about you.

Offers are not guaranteed. The products offered by Participating Partners are subject to change at any time and pre-qualified offers are not guaranteed. If you are pre-qualified for any offers, please understand these pre-qualified offers will expire.

Approval is not guaranteed. It is important for you to understand that this is not an application for credit, and approval is not guaranteed. Even if you are pre-qualified for a product, you must still complete and submit an application with the Participating Partner. If you choose to apply with the Participating Partner for a pre-qualified offer you have received, the Participating Partner may run a hard inquiry on your credit, which could impact your credit score. BYS will not be able to provide any information relating to qualification or non-qualification for any particular product.

You are consenting to receive communications from BYS. You understand that by participating in the Program you are agreeing to receive communications or notifications about pre-qualified offers from BYS.

Opting Out. You will be enrolled in the program for as long as you have an account with BYS, or until your account is deemed in our sole discretion to be dormant. If you no longer wish to participate in the Program, you can opt-out by notifying BYS in writing at 6320 Brookside Plaza, Suite 524 Kansas City, MO 64113 and including your name, date of birth, and email address for your BYS Account or by unsubscribing from all marketing communications by contacting us.

Wireless Policy

By opting-in you are providing consent to use personal information to provide the services you've requested, including services that display customized content and advertising.

**Your provider's Msg & Data Rates may apply to our confirmation and all subsequent SMS messages.**

You may opt-out and remove your SMS information by sending "STOP" to the SMS text message you have received.

If you remove your SMS information from our database, your number will no longer be used for secondary purposes, disclosed to third parties and used by us for third parties to send promotional correspondence to you.

Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, the date & time, and content of your messages. SMS message services are provided on an AS IS basis.

Opt-out

To cancel text message alerts, simply reply STOP to the message received to opt-out of respective text alert program.

Help or Support

For help, email us at Easy@BoostYourScore.com or call 1(800) 259-1270. To request help, get contact information or additional information regarding our texting services anytime from your mobile device by replying the word HELP to the message you receive.

Mobile Terms of Service for Products

BYS, LLC. Mobile Terms of Service for Products

Last Updated: March 31, 2023

Here is a link to our privacy policy.

These BYS, LLC.. Mobile Terms of Service for Products (“Products Terms of Service”) are a supplement to and form a part of the BYS, LLC. Terms of Service (the “General Terms of Service”), which defines the relationship between BYS, LLC., a Missouri corporation doing business as Boost Your Score, and its affiliates and subsidiaries (“BYS” or “we” or “us”), and you, the person registering for or using services provided by BYS (“you” or “your”). These Products Terms of Service apply to your receipt of SMS messages from BYS to the phone number you previously provided to us at registration in connection with the Services that BYS provides to you in accordance with the General Terms of Service (the “Mobile Service”). A copy of the current General Terms of Service may be found on our website. A copy of BYS’ privacy policy, which applies to and forms a part of these Products Terms of Use, can also be found on our website. Message and data rates may apply to your use of the Mobile Service. Contact your wireless carrier for information about your mobile plan rates for SMS (i.e., short message service, also known as text messages) and internet or data usage. Capitalized terms used but not defined herein will have the meanings given to them in the General Terms of Service.

BYS Notifications SMS Program.

The BYS Notifications SMS program provides SMS messages to you regarding your BYS accounts, products and services, including, without limitation: (i) payment reminders; (ii) credit card utilization updates; (iii) account closure; (iv) CLI updates; (v) credit card purchase notifications; and (vi) other account-related information and updates. Message frequency varies.

Acceptance.

In order to use the Mobile Service, you must accept these Notifications Terms of Service. Please click “I accept” or “Sign up” on the application screen. By clicking “I accept” or “Sign up,” you are accepting and agreeing to be bound by all of the Products Terms of Service, which shall be in addition to the General Terms of Service.

Enrollment.

Enrollment in the Mobile Service requires the use of a mobile device with SMS/text capabilities. Once you indicate your agreement to these Products Terms of Service, you will receive an SMS message confirming your enrollment in the Mobile Service.

Customer Support.

If you are experiencing issues with the Mobile Service, you can reply to the text that we send to you with the keyword “HELP” for more assistance, or you can get help directly at [800-259-1270].

Use of Other Technologies.

BYS may use other use-tracking devices, which may change from time-to-time as technology changes, to help diagnose problems and to administer the Mobile Service. BYS also may track device types to help us understand our users' needs related to our Mobile Service design and functionality. If you use the Mobile Service, then we may collect and store Personal Information (as defined in the Privacy Policy). We will not share any Personal Information you provide us through the Mobile Service with a third party except as described in our privacy policy (as linked above).

Responsibility for Mobile Device.

You are responsible for the costs associated with purchasing, maintaining, and protecting the mobile device you use to access and utilize the Mobile Service. You are also responsible for ensuring your mobile device is up-to-date with the applicable operating system and any security updates as well as maintaining your mobile device’s capacity and connectivity required to use the Mobile Service.

BYS is not responsible for any third-party software that you may maintain on your mobile device regardless of how such third-party software affects your use of the Mobile Service. Further, BYS is not responsible for any non-standard settings elected or established on your mobile device, which may or may not affect your use of the Mobile Service.

You are responsible for maintaining the confidentiality of your access credentials to the Mobile Service, and the security of your systems and networks that you use to access the Mobile Service. You agree to immediately notify BYS in the event that you become aware, or otherwise suspect, that your mobile device or access credentials have been shared with or disclosed to third parties.

Fees.

Currently, there are no fees for the Mobile Service. IMPORTANT INFORMATION ABOUT YOUR WIRELESS CARRIER CHARGES: Because alerts are provided by SMS and data, which is available through your mobile device’s internet connection, your wireless carrier may charge you fees under your wireless plan for, among other things, receiving SMS/text messages, sending SMS/text messages, and using data (such as to access the internet) in connection with the Mobile Service. You acknowledge and agree that you are responsible for any fees or other charges that your wireless carrier may charge for any related data, SMS/text or other message services.

Communications.

By using the Mobile Service, you represent that you are the owner of the mobile phone number, and other information you used to enroll for the Mobile Service. You authorize BYS to, and you agree that BYS may, send any notice or communication regarding the Mobile Service to you via SMS/text message. This includes a change in terms notice or a termination notice of the Mobile Service. We may also send you messages to verify or authenticate your identity. You agree that notice or communication via SMS/text message [or other permitted electronic means]will be effective and deemed delivered to you when BYS makes the notice of communication available to you in such manner using the phone number you provided. You further acknowledge and agree that:

You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, (ii) inactivated or removed by your provider, or (iii) changed by you. For your security, if we notice changes to your email or mobile number, or we are unable to deliver notifications, we may delete it and notify you.
We and your wireless carrier are not liable for any delay or failure to deliver any message sent to or from us.
BYS may use information on file with your wireless carrier to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Mobile Service. By using the Mobile Service, you authorize your wireless carrier to use or disclose information related to your wireless subscriber account (such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information) to BYS or our service providers, which may be used for the duration of your business relationship with them, solely to verify your identity and help prevent fraud. See the Privacy Policy for how BYS treats your data.

Intellectual Property.

Except for the ability to use the Mobile Service as set forth herein or as may be set forth from time to time by BYS, these Products Terms of Service do not transfer to you any right, title or interest in or to any of the intellectual property or other proprietary rights in or to the Mobile Service. BYS retains all intellectual property and other proprietary rights, title and interest in and to the Mobile Service.

You further agree that you will not (i) sell, lease, distribute, license or sublicense the Mobile Service, or any of the functionality, features, options thereof or any other part thereof; (ii) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Mobile Service in any way for any reason; (iii) reproduce all or any part of the Mobile Service; or (d) interfere, or attempt to interfere, with the Mobile Service.

Change in Terms.

We may, from time to time and at any time, amend, modify, add or delete (each, a “change”) these Products Terms of Service or any part thereof with or without notice to you (except to the extent prohibited by applicable law). If applicable law requires that we provide you with advance notice of a change, we will provide you with no less than the minimum advance notice as is required by applicable law. Without limiting the generality of the foregoing, a change may include a change to existing terms and/or conditions, address new service or features available under the Mobile Service, or address conditions not otherwise contemplated by you or BYS at the time you accepted these Products Terms of Service. If you do not agree with any change, you may discontinue using the Mobile Service. Your continued use of the Mobile Service constitutes your acceptance of and agreement to any change.

Your Cancellation of the Mobile Service. You can cancel the Mobile Service at any time. Just reply “STOP” to the text. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. You may also at any time stop the alerts or change your Mobile Service options on the “Notification Preferences” screen on the Site.

Our Termination of the Mobile Service.

We reserve the right to terminate the Mobile Service, in whole or in part, for any or no reason, with or without prior notice, and at any time.

Exclusion of Warranties.

THE MOBILE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BYS NOR OUR REPRESENTATIVES WARRANT THAT THE MOBILE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF DEFECTS, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability.

SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL BYS OR ITS REPRESENTATIVES OR VENDORS, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (A) YOUR USE OF THE MOBILE SERVICE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MOBILE SERVICE; OR (C) UNAUTHORIZED ACCESS TO THE MOBILE SERVICE, EVEN IF ANY OF THE FOREGOING PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE MOBILE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBILE SERVICE. FURTHER, NONE OF THE FOREGOING PERSONS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE RELATING TO THE MOBILE SERVICE DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS, FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS, OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. IN THOSE JURISDICTIONS WHERE THIS EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF BYS OR ITS VENDORS OR REPRESENTATIVES, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS AND AGENTS OF ANY OF THE FOREGOING, IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100).

General Legal Terms.

For the avoidance of doubt, the General Terms of Use, as the same may be amended or modified from time to time, applies to these Products Terms of Use as if the same is set forth herein.

Mobile Terms of Service for Promotions

BYS, LLC.. Mobile Terms of Service for Promotions

Last Updated: March 10, 2023

These BYS, LLC. Mobile Terms of Service for Promotions (“Promotions Terms of Service”) are a supplement to and form a part of the BYS, LLC. Terms of Service (the “General Terms of Service”), which defines the relationship between BYS, LLC., a Missouri corporation doing business as Boost Your Score, and its affiliates and subsidiaries (“BYS” or “we” or “us”), and you, the person registering for or using services provided by BYS (“you” or “your”). These Promotions Terms of Service apply to your receipt of SMS messages from BYS to the phone number you previously provided to us at registration in connection with (i) the Services that BYS provides to you in accordance with the General Terms of Service, and (ii) the marketing and promotion of other products and services (collectively the “Mobile Service”). A copy of the current General Terms of Service may be found on our website. A copy of BYS’ privacy policy, which applies to and forms a part of these Promotions Terms of Service , can also be found on our website. Message and data rates may apply to your use of the Mobile Service. Contact your wireless carrier for information about your mobile plan rates for SMS (i.e., short message service, also known as text messages) and internet or data usage. Capitalized terms used but not defined herein will have the meanings given to them in the General Terms of Use.

BYS Marketing Mobile Service Description.

The BYS Marketing Mobile Service provides SMS messages to you regarding (i) your registration for BYS products and services; (ii) the marketing and promotion of additional products and services provided by BYS, including in connection with partnerships that BYS has with certain third parties; and (iii) information regarding the continued availability of BYS products, or other products, to you. Message frequency varies.

Acceptance.

In order to use the Mobile Service, you must accept these Marketing Terms of Service. Please click “I accept” or “Sign up” on the application screen. By clicking “I accept” or “Sign up,” you are accepting and agreeing to be bound by all of the Marketing Terms of Service, which shall be in addition to the General Terms of Service.

Enrollment.

Enrollment in the Mobile Service requires the use of a mobile device with SMS/text capabilities. Once you indicate your agreement to these Promotions Terms of Service, you will receive an SMS message confirming your enrollment in the Mobile Service.

Customer Support.

If you are experiencing issues with the Mobile Service, you can reply to the text that we send to you with the keyword “HELP” for more assistance, or you can get help directly at [800-259-1270].

Use of Other Technologies.

Responsibility for Mobile Device.

You are responsible for the costs associated with purchasing, maintaining, and protecting the mobile device you use to access and utilize the Mobile Service. You are also responsible for ensuring your mobile device is up to date with the applicable operating system and any security updates as well as maintaining your mobile device’s capacity and connectivity required to use the Mobile Service.

Fees.

Communications.

By using the Mobile Service, you represent that you are the owner of the mobile phone number, and other information you used to enroll for the Mobile Service. You authorize BYS to, and you agree that BYS may, send any notice or communication regarding the Mobile Service to you via SMS/text message. This includes a change in terms notice or a termination notice of the Mobile Service. We may also send you messages to verify or authenticate your identity. You agree that notice or communication via SMS/text message [or other permitted electronic means] will be effective and deemed delivered to you when BYS makes the notice of communication available to you in such manner using the phone number you provided. You further acknowledge and agree that:

You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, (ii) inactivated or removed by your provider, or (iii) changed by you. For your security, if we notice changes to your email or mobile number, or we are unable to deliver notifications, we may delete it and notify you.
BYS and your wireless carrier are not liable for any delay or failure to deliver any message sent to or from us.
BYS may use information on file with your wireless carrier to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Mobile Service. By using the Mobile Service, you authorize your wireless carrier to use or disclose information related to your wireless subscriber account (such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information) to BYS or our service providers, which may be used for the duration of your business relationship with them, solely to verify your identity and help prevent fraud. See the Privacy Policy for how BYS treats your data.

Intellectual Property.

Except for the ability to use the Mobile Service as set forth herein or as may be set forth from time to time by BYS, these Promotions Terms of Service do not transfer to you any right, title or interest in or to any of the intellectual property or other proprietary rights in or to the Mobile Service. BYS retains all intellectual property and other proprietary rights, title and interest in and to the Mobile Service.

Change in Terms.

We may, from time to time and at any time, amend, modify, add or delete (each, a “change”) these Promotions Terms of Service or any part thereof with or without notice to you (except to the extent prohibited by applicable law). If applicable law requires that we provide you with advance notice of a change, we will provide you with no less than the minimum advance notice as is required by applicable law. Without limiting the generality of the foregoing, a change may include a change to existing terms and/or conditions, address new service or features available under the Mobile Service, or address conditions not otherwise contemplated by you or BYS at the time you accepted these Promotions Terms of Service. If you do not agree with any change, you may discontinue using the Mobile Service. Your continued use of the Mobile Service constitutes your acceptance of and agreement to any change.

Your Cancellation of the Mobile Service. You can cancel the Mobile Service at any time. Just reply “STOP” to the text. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. You may also at any time stop the alerts or change your Mobile Service options on the “Notification Preferences” screen on the Site.

Our Termination of the Mobile Service.

We reserve the right to terminate the Mobile Service, in whole or in part, for any or no reason, with or without prior notice, and at any time.

Exclusion of Warranties.

Limitation of Liability.

General Legal Terms.For the avoidance of doubt, the General Terms of Service, as the same may be amended or modified from time to time, applies to these Promotions Terms of Service as if the same is set forth herein.

BYS, LLC. Terms of Service

Last Updated: March 10, 2023

Mobile Terms of Service for Products

BYS, LLC. Mobile Terms of Service for Products

Last Updated: March 31, 2023

Mobile Terms of Service for Promotions

BYS, LLC.. Mobile Terms of Service for Promotions

Last Updated: March 10, 2023

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