Last Modified: April 16, 2026

​

1. ACCEPTANCE OF TERMS
This Terms of Service Agreement (“Agreement”) governs your access to and use of the ProfileGorilla SUBSCREEN platform (the “Platform”) and all related services (collectively, the “Services”). By accessing, logging into, or using the Platform, you agree to be legally bound by this Agreement.

​

If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have full authority to bind such organization. If you do not agree, you must not use the Platform.

2. DEFINITIONS
“Consumer” means the individual who is the subject of a Report.
“Consumer Report” has the meaning defined under the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).
“Report” means any background screening, verification, or compliance-related report provided through the Platform.
“Permissible Purpose” means a purpose authorized under the FCRA and applicable law.
“Background Information” means personal data submitted to obtain a Report.
“Pass-Through Fees” means government or third-party fees charged without markup.
“Services” means access to the Platform and Reports.

3. PERMISSIBLE PURPOSE AND FCRA CERTIFICATIONS
You certify that each Report is requested for a Permissible Purpose and that you will comply with all applicable federal, state, and local laws, including the Fair Credit Reporting Act (FCRA).

​

You specifically agree:
(a) To obtain clear and conspicuous written disclosure and authorization before ordering Reports;
(b) To use Reports solely for lawful decision-making purposes;
(c) Not to obtain Reports under false pretenses;
(d) To comply with all equal opportunity and anti-discrimination laws;
(e) That each access to a Report constitutes a renewed certification of compliance.

Helpful FCRA Resources include:
FCRA / FTC statute:  https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
Summary of Rights under FCRA:  https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0096-fair-credit-reporting-act.pdf
 

Notice of Penalty Under the FCRA. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

4. ADVERSE ACTION RESPONSIBILITIES
You are solely responsible for all adverse action obligations under the FCRA and applicable laws.

​

This includes:
(a) Pre-adverse action notice;
(b) Providing a copy of the Report and Summary of Rights;
(c) Allowing required dispute periods;
(d) Issuing final adverse action notice.

​

ProfileGorilla does not perform or manage adverse action compliance and assumes no liability for your failure to comply.

5. CREDIT REPORT AND HIGH-RISK DATA CERTIFICATION
If you request credit reports, you certify that you meet all bureau requirements and are not a prohibited business type.

​

You agree to comply with all credit bureau requirements and applicable state restrictions regarding use of credit data.

Consumer Financial Protection Bureau reference:  https://www.consumerfinance.gov/rules-policy/regulations/1022/

6. DATA PRIVACY AND SECURITY
You and ProfileGorilla each agree to implement and maintain administrative, technical, and physical safeguards to protect Consumer data.

​

6.1 YOUR DATA PRIVACY AND SECURITY REQUIREMENTS
You agree to:
(a) Restrict access to authorized personnel;
(b) Maintain confidentiality of Reports;
(c) Secure data in transit and at rest;
(d) Destroy data when no longer needed in accordance with law;
(e) Notify ProfileGorilla of any security breach.

​

6.2 PROFILEGORILLA’S DATA PRIVACY AND SECURITY POLICY
We value your business and we know your privacy is important to you. ProfileGorilla’s privacy policy ("Privacy Policy") provides our policies and procedures for collecting, using, and disclosing your information.  By using ProfileGorilla websites and services (collectively, the "Services"), you accept the practices described in this Privacy Policy, including any subsequent updates.

7. USAGE DATA
ProfileGorilla owns all right, title and interest in and to all data collected by ProfileGorilla related to the operation of the Platform and Your use thereof (“Usage Data”). Usage Data may include Platform performance metrics and analysis, but does not include any Background Information or Public Records. ProfileGorilla will not disclose Usage Data to any third party in a manner that identifies You without Your consent other than (i) to ProfileGorilla’s third party service providers who use it for the sole benefit of ProfileGorilla or as required to provide You the Platform; or (ii) as may be required by Law or legal process.

8. OWNERSHIP / CONFIDENTIALITY

8.1 PROFILEGORILLA OWNERSHIP 
ProfileGorilla owns all right, title, interest, and Intellectual Property Rights, in and to the Platform and any software, technology, materials and information related to the Platform, whether currently existing or later developed.

8.2. CONFIDENTIAL INFORMATION
Each party will keep confidential, all information and materials provided or made available, directly or indirectly, by the other party that is marked as confidential or proprietary, or is identified as confidential or proprietary at the time of disclosure, or the nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential (collectively, “Confidential Information”). ProfileGorilla’s Confidential Information includes but is not limited to, the features, functionality and content of the Platform and any planned modifications or updates thereto, Fees and pricing information. Each party will maintain all Confidential Information in strict confidence by using at least the same level of care that is uses for its own confidential information, but in no case less than a prudent and reasonable standard of care. Each party may use Confidential Information solely for the purposes of performing its obligations or exercising its rights hereunder. Information that either party can establish: (a) was lawfully in a party’s possession before receipt from the other party; or (b) is or becomes a matter of public knowledge through no fault of the receiving party; or (c) was independently developed or discovered by a party without the benefit of any Confidential Information of the other party, shall not be considered Confidential Information under this Agreement. Each party may disclose Confidential Information solely to its employees and representatives that have a need to know to accomplish the purposes of this Agreement and each of whom are bound to protect the Confidential Information from unauthorized use and disclosure under the terms of a written agreement with terms as protective of the Confidential Information as those set forth in this Agreement. Each party may also disclose Confidential Information in response to a valid order of a court or other governmental body or as otherwise required by law to be disclosed; provided that, the responding party gives sufficient notice to the disclosing party to enable the disclosing party to take protective measures, and/or in any event only disclose the exact Confidential Information, or portion thereof, specifically requested. Except as otherwise expressly set forth in this Agreement, no rights or licenses to intellectual property in Confidential Information is granted by either party under this Agreement, whether express, implied or otherwise, to the other party. The obligations imposed on a receiving party shall survive until such time as the Confidential Information of the disclosing party becomes publicly available and/or made generally known through no action of the receiving party. All Confidential Information will be returned immediately to the disclosing party, or destroyed, after the receiving party’s need for it has expired or upon request of the disclosing party or termination of this Agreement. Each party agrees that any violation of these confidentiality provisions will cause irreparable injury to the other party entitling the other party to injunctive relief or other equitable relief, in addition to, and not in lieu of, any other remedies such party may be entitled to. The disclosure of Confidential Information will be governed by this Agreement, which supersedes any previous confidentiality or nondisclosure agreement executed by or on behalf of the parties. Any such Confidential Information will be treated as if it were disclosed under this Agreement (and this Agreement were in effect) as of the date of such exchange.

9. THIRD-PARTY SERVICES
Reports may include data from third-party providers. ProfileGorilla does not control such providers and does not guarantee accuracy, completeness, or timeliness of data.

10. FEES AND PAYMENT TERMS
You agree to pay all Service Fees and Pass-Through Fees.

​

Charges may occur:
(a) At time of order; or
(b) Up to thirty (30) days after Report completion.

​

You authorize automatic billing to your payment method. You are responsible for taxes, chargebacks, and collection costs.

11. DISCLAIMERS
THE SERVICES AND REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

​

PROFILEGORILLA DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND DATA ACCURACY.

12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:

​

(a) ProfileGorilla shall not be liable for indirect, incidental, or consequential damages;
(b) Total liability shall not exceed amounts paid in the prior 12 months;
(c) These limitations apply regardless of legal theory.

13. INDEMNIFICATION
You agree to indemnify and defend ProfileGorilla against all claims arising from:

​

(a) Your violation of law;
(b) Your misuse of Reports;
(c) Your failure to comply with FCRA or state laws;
(d) Any employment or contractor decisions made by you.

14. TERM AND TERMINATION
This Agreement remains in effect until terminated.

​

ProfileGorilla may suspend or terminate access immediately for:
(a) Non-payment;
(b) Legal violations;
(c) Security risks;
(d) Misuse of the Platform.

15. ARBITRATION AND CLASS ACTION WAIVER
All disputes shall be resolved through binding arbitration on an individual basis.

​

You waive:
(a) Jury trial rights;
(b) Participation in class or collective actions.

16. ELECTRONIC CONSENT (E-SIGN)
You consent to the use of electronic records and signatures under the Electronic Signatures in Global and National Commerce Act (E-SIGN).

17. NOTICES AND SUPPORT

Notices to ProfileGorilla should be sent to:
ProfileGorilla
731 Duval Station Road, #107 – 349
Jacksonville, FL 32218

​

For ProfileGorilla Support:   
Phone:  904-740-3450
Email:  Support@profilegorilla.com

18. GOVERNING LAW
This Agreement is governed by the laws of the State of Florida, without regard to conflict of laws principles.

19. ASSIGNMENT
You may not assign any of Your rights or obligations under this Agreement without the prior written consent of ProfileGorilla, provided, however, that an assignment made in connection with a change of control transaction or a sale of all or substantially all of a party’s assets shall not require consent, so long as (1) You promptly notify ProfileGorilla of such assignment in writing.  Subject to the foregoing, this Agreement inures to the benefit of and is binding on the parties’ permitted assignees, transferees and successors. Any attempted assignment in violation of this clause is void.

20. STATE-SPECIFIC COMPLIANCE RIDERS
You agree to comply with all applicable State Laws relating to this Agreement, including, but not limited to the States listed below.

20.1 California (ICRAA/CCRAA)
You agree to comply with California Civil Code Sections 1785 and 1786, including disclosure, authorization, and adverse action requirements.

20.2 Massachusetts (CORI)
You agree to comply with Massachusetts CORI law, including providing copies of records and waiting periods before adverse action.

20.3 Colorado
You agree to comply with Colorado privacy and employment screening laws including consumer notice requirements.

21. Force Majeure. 
Neither party will be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures; shortages of or inability to obtain labor, energy, or supplies; weather, war, terrorism, riot, acts of God or governmental action; acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.

​

22. MISCELLANEOUS
This Agreement constitutes the entire agreement. If any provision is unenforceable, the remainder shall remain in effect.

​

ProfileGorilla may update these Terms at any time. Continued use constitutes acceptance.