FICO Score Use Agreement

This FICO Score Use Agreement ("Agreement") is entered into by and between Soft Pull Solutions LLC ("Company") and the undersigned client ("Subscriber"). This Agreement governs Subscriber's access to and use of FICO® Scores and related data provided by Company via TransUnion, Experian, or Equifax. Subscriber acknowledges and agrees to the terms in Exhibit A, which are incorporated into this Agreement by reference and form a binding part of this Agreement.

1. Definitions

• "FICO Scores" refers to credit risk scores or insurance risk scores developed by Fair Isaac Corporation ("Fair Isaac") and delivered through TransUnion, Experian, or Equifax.

• "Model" means Fair Isaac's proprietary scoring algorithm(s) used to generate FICO Scores.

• "Archive Scores" means depersonalized credit scores generated from archived consumer credit data, used only for internal validation purposes.

2. Permissible Purpose and Use Restrictions

Subscriber certifies it has a permissible purpose under the Fair Credit Reporting Act ("FCRA") to obtain and use FICO Scores. Permissible purposes are as outlined in Exhibit A and must always comply with the FCRA.

Each FICO Score may be used only once. Subscriber may store FICO Scores solely to comply with applicable laws and regulations.

3. Disclosure Restrictions

Use and disclosure restrictions, including limitations on consumer and third-party access, are detailed in Exhibit A and must be followed strictly.

A FICO Score may appear on a credit report for convenience, but is not part of the consumer credit report itself.

4. Archive Scores

Archive Score use is governed by the restrictions in Exhibit A. Subscriber agrees not to re-identify, reuse, or store Archive Scores outside the scope permitted therein.

5. Intellectual Property and Licensing

FICO Scores and Models are proprietary to Fair Isaac. Subscriber receives a limited, non-exclusive, non-transferable license to use the scores solely for the purposes described in this Agreement. No other rights, title, or license is granted.

Subscriber shall not use any trademarks, service marks, trade names, logos, or proprietary designations of Fair Isaac, the credit bureaus, or Soft Pull Solutions LLC without prior written consent.

Subscriber shall not publish or publicly disseminate any benchmarking, validation studies, or performance comparisons relating to the FICO Scores without express written approval from Fair Isaac.

Fair Isaac shall be deemed a third-party beneficiary of this Agreement with enforceable rights regarding its intellectual property and scoring systems.

6. Warranties and Disclaimers

Fair Isaac warrants that:

• The Models are empirically derived and statistically sound.

• The Models comply with Regulation B and do not consider any prohibited basis.

Exclusive remedy for breach of warranty: Recalculation of the affected FICO Scores.

All other warranties, express or implied, including merchantability or fitness for a particular purpose, are disclaimed.

Subscriber agrees to validate or revalidate use of the scores in accordance with Regulation B where applicable.

Subscriber further acknowledges and agrees that neither Soft Pull Solutions LLC, Fair Isaac, nor the credit bureaus make any guarantee or representation that the Scores will predict any specific outcome or repayment behavior. Subscriber hereby releases and holds them harmless from any claims related to score accuracy or predictive performance.

7. Confidentiality and Data Security

Subscriber agrees to maintain strict confidentiality regarding all information obtained through the use of FICO Scores.

Subscriber shall:

• Use such information solely for legitimate business purposes consistent with applicable laws;

• Limit access to only those personnel with a need-to-know;

• Take reasonable technical, physical, and administrative safeguards to prevent unauthorized disclosure;

• Not attempt to reverse engineer, derive, or deconstruct any aspect of the FICO Models or algorithms;

• Not retain, transmit, or store any Archive Scores outside the limited uses permitted by this Agreement.

Subscriber shall not publicly disclose or share any scoring outputs, validations, results, or derived insights without express written permission from Fair Isaac.

8. Limitation of Liability

Fair Isaac's and TransUnion’s total combined liability under this Agreement shall not exceed the lesser of:

• (a) Total fees paid under this Agreement in the preceding twelve (12) months, or

• (b) Ten thousand dollars ($10,000.00).

No party shall be liable for any incidental, consequential, punitive, or indirect damages.

Claims must be brought within one (1) year after the cause of action accrues.

These limitations shall not apply to violations of Fair Isaac’s or TransUnion’s intellectual property rights.

9. Audit Rights

Upon reasonable prior written notice, TransUnion and/or Fair Isaac may audit Subscriber to verify compliance. Subscriber agrees to cooperate fully, including on-site inspection of systems, records, and relevant documentation.

10. Indemnification

Subscriber shall indemnify and hold harmless Soft Pull Solutions LLC, TransUnion, and Fair Isaac from any losses, claims, or liabilities arising from:

• Subscriber’s failure to comply with this Agreement,

• Failure to obtain or enforce required end-user obligations.

Subscriber also agrees to ensure that any third-party processors or agents it uses are under written contract that (a) limits their use of FICO Scores to Subscriber’s permitted use, and (b) names Fair Isaac as an express third-party beneficiary.

11. Term and Termination

This Agreement shall remain in effect until terminated by either party upon thirty (30) days written notice. Sections relating to confidentiality, audit, intellectual property, warranties, and limitations of liability shall survive termination.

12. Entire Agreement

This Agreement constitutes the complete and exclusive agreement between the parties regarding use of FICO Scores. Any amendments must be in writing and signed by both parties.

Exhibit A: Minimum End User Terms and Conditions for FICO Scores

1. FICO Scores may be used solely for:

   • Reviewing online credit reports,

   • Reviewing accounts with balances,

   • Investor/servicer/insurer risk assessment,

   • Prescreening for firm offers of credit/insurance.

2. Written instructions are not a valid permissible purpose alone.

3. Archive Scores may only be used for:

   • Internal validation,

   • Evaluating score strength or cutoffs,

   • Testing predictive value for internal models.

4. Archive Scores may not be:

   • Linked to any identifiable consumer,

   • Stored in reusable databases,

   • Used for multiple projects.

5. FICO retains all intellectual property rights. No reverse engineering, resale, benchmarking, or secondary use is permitted.

6. Disclosure to consumers is only permitted when:

   • Required by law,

   • In connection with adverse action, and with reason codes.

7. Third-party disclosures are prohibited except:

   • By law,

   • With Fair Isaac’s written consent,

   • Or to processors under written agreement naming Fair Isaac as a third-party beneficiary.

8. Subscriber acknowledges that Fair Isaac is a third-party beneficiary to this agreement with enforceable rights.