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11/26/2019 Terms of Service - Certn

Terms of Service
Certn Holdings Inc.
Effective Date: July 31st, 2018

By using Certn (also referred to a “we,” “us,” or “our”) available though the certn.co website (the “Site”), the
application programming interface (“API”) and other Certn services (the “Services”) you are agreeing to be bound
by the following terms and conditions (“Terms of Use”). We’ve done our best to make this Service Agreement to
be as enjoyable to read and easy to understand as possible. Should you have any questions or concerns regarding
to Certn, please do not hesitate to contact us.

We reserve the right, in our sole discretion, to change and revise these Terms at any time by posting the changes
on Certn.co (the “Site”). Any changes are effective immediately upon posting to the Site. The most current version
will be available on our website, and the Effective Date of the current version is at the top of this page. By
continuing to access or use the Services after those revisions become effective, you agree to be bound by the
revised Terms of Use. We will provide you with any additional notices or choices with respect to such changes as
required by applicable law.

1. The Service allows individuals, landlords, property managers, employers, businesses, non-
profit organizations, lenders, financial institutions and insurance companies (the “Clients”) to
screen applicants, tenants, employees, contractors, borrowers, insured or themselves
(collectively the “Applicants”).
2. “Third-Party Reporting Agencies” may include, but are not specifically limited to, credit
bureaus, government agencies, police, news publications, public court databases, social
media, verification of your education, employment history, etc. Typical screening may include
ordering information from Third Party Reporting Agencies and sharing credit reports, financial
transaction history, criminal record reports, motor vehicle record reports, social and
behavioral profiles, as well as, public record checks of Applicants on behalf of Clients.
3. Certn allows Clients to view a Certn Report from Applicants using the Service in the form of a
comprehensive report (the “Certn Report”), which measures multiple variables including but
not limited to credit reports, criminal record reports, motor vehicle reports, public profiles,
behavioral analysis reports and public record checks.
4. Certn may host a Clients online screening application form, which allows Applicants to fill out
an application form. The Applicant is then screened. Certn then provides Clients with a Certn
Report on the Applicant.
5. The Client is required to enter into a written contract directly with Certn or one of our API
Partners.
6. Certn is a screening service that is independent from and not affiliated with or related to any
of the Clients. We are not an agent for and we do not represent any of the Clients. Applicants
agree to make their own independent inquiries on the Clients and it is the Applicant’s’
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responsibility to seek any legal or other advice that you may deem necessary before entering
into any relationship with any of the Clients.
7. Certn provides a Service that assists Clients with the screening process. All decisions
regarding the suitability or acceptability of an Applicant is solely within the discretion of the
Client. Certn is not responsible for the outcome of any application made by the Applicant and
provides no guarantees whatsoever that the Applicant will be accepted by the Client once an
application is completed. In the event of a Client and Applicant dispute, the Service is not
liable for any faults.
8. You must provide your full legal name, a valid email address, and any other information
requested in order to complete the signup process. You are also responsible for keeping your
email address up to date, so we can send you important notices.
9. You are responsible for keeping your password and account secure.
10. You are responsible for the accuracy of everything that is submitted under your account.
11. If you wish to cancel your account, you must do so via the Service web site, or contact us
directly. If you choose to cancel your account, you might be asked to provide information to
prove your identity.
12. When you, the Applicant, use this Service, you CONSENT AND AGREE that you are
authorizing us to collect and use the information you provide us, in accordance with our
Privacy Policy, for screening purposes.
13. You agree that once a Certn Report has been completed, the fees are non-refundable.
14. Certn may, in its sole discretion, permit you to post, upload, publish, submit or transmit
content through the Services (“User Content”). You hereby grant Certn a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license,
sublicense, display, adapt, distribute, display, publicly perform, reproduce, transmit, modify,
edit and otherwise exploit such User Content throughout the world to provide the Services
and for the purposes for which you submit such User Content, including for Certn to transmit
dispute or rehabilitation information to third parties who have requested reports about you.
You acknowledge and agree that you are solely responsible for all User Content that you
submit through the Services.
15. As part of the Service, you may be required to submit to a credit report, public record check,
criminal record report and/or motor vehicle report. By using the online Service, you, the
Applicant specifically CONSENT AND AGREE to let us request and obtain your credit report
and/or public record check from third-party credit reporting agencies, police, government
agencies and others. Further, you specifically CONSENT AND AGREE to the disclosure of the
information for the purposes stated in these Terms Of Use. To provide this portion of the
Service, Applicants may be required to provide their Social Insurance Number, Social Security
Number and other personally identifying information to us, and you CONSENT AND AGREE
that we may share this information with our Third-Party Reporting Agencies for the purposes
of preparing and sharing reports and verifying your identity.
16. Certn’s Applicant screening features are designed to help Clients find the most suitable
Applicants; neither they nor any other aspect of the Service are intended to create any kind of
contract or other legal obligation between a Client and an Applicant. Certn’s application form
is not a loan, rental or lease agreement, employment agreement or contractor agreement. A
loan, rental or lease agreement, employment agreement or contractor agreement SHOULD
be signed directly between the Client and Applicant.
17. You must be at least 18 years old to use Certn. If you are under 18 years old, then you may not
use the Services on our Site. 
18. Certn is currently available for Applicants from Canada and the United States.
19. You represent that you will not use, or attempt to use, the Site or Services for unauthorized
purposes (e.g. to obtain information related to criminal record report on someone other than

you or to request an unauthorized criminal record report).
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20. You agree to NOT (i) copy, distribute, rent, lease, lend, sublicense or transfer the Services, or
make the Services available to any third party, including your affiliates, parents or
subsidiaries, without Certn’s express prior written consent; (ii) modify, decompile, reverse
engineer, or disassemble the Site or Services or otherwise attempt to discover any underlying
source code, ideas, algorithms, file formats or programming interfaces; (iii) create derivative
works based on the Services; (iv) modify, remove, or obscure any copyright, trademark, patent
or other notices or legends that appear on the Services; or (v) use the Services to develop a
competitive product offering.
21. You may not use the Service for any illegal purpose. You may not, in using the Service, violate
any laws in your jurisdiction or ours, or infringe the rights of anyone. You may not use the
Service as part of any fraudulent scheme or transaction. If we have reason to suspect your
account has been used for an unauthorized or illegal purpose, you AGREE that we may share
information about you, your account, and any of your transactions with law enforcement
agencies. You further AGREE that we may disclose such information as may be reasonably
required to comply with any applicable law, regulation, court order or legal process.
22. We reserve the right to refuse, suspend or discontinue Services to anyone for any reason. We
may terminate or suspend your account if you engage in illegal or fraudulent conduct, provide
inaccurate, incomplete, false, and misleading information. Violation of these Terms of Use or
any of our policies, or if your use of the Service poses unacceptable risk to us might lead to
your account being terminated or suspended.
23. You will NOT misrepresent yourself, your identity, or other information about you while
accessing Certn’s Site and/or Services.
24. We reserve the right to modify or terminate the Service for any reason, without notice, at any
time.
25. All intellectual property rights in connection with the Site and Services shall be owned by
Certn absolutely and in their entirety. These rights include database rights, patents,
copyrights, trademarks (whether registered or unregistered), trade secrets, design rights
(whether registered or unregistered) know-how, mask works, moral rights, and all similar
rights that may exist now or later in any jurisdiction, including without limitation any
applications and registrations for the foregoing, and the Certn name, logos, designs, domain
names, graphics, icons, scripts, service marks, features, functions, text, graphics, button
icons, scripts, service marks, images, software, data compilations and other distinctive brand
features, and the compilation and organization thereof (collectively, “Intellectual Property
Rights”).
26. Use of the Service does not give you ownership of any intellectual property rights in the
Service or anything related to or connected with the Service including the Certn Report, any
third-party credit reports, criminal record reports, motor vehicle record reports or public
record check reports.
27. All such Intellectual Property Rights are and will remain the exclusive property of Certn and its
subsidiaries, affiliates, partners and licensors, and are protected by Canadian and
international laws, including laws governing copyrights and trademarks. And except as
explicitly provided herein, or as required under applicable law, nothing in these Terms gives
you a right to use the Intellectual Property Rights, and neither the Services nor any portion of
the Site may be used reproduced, duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in whole or in part, for any purpose without our express, prior written
consent.
28. Subject to these Terms, Certn grants you a worldwide, limited, revocable, non-exclusive
license to access and use the Site and Services as they are provided to you by Certn for your
personal, non-commercial use only. The License is non-transferable and non-assignable, and

you shall not grant to any third party any right, permission, license or sublicense with respect
to any of the rights granted hereunder without Certn’s prior written permission, which it may
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withhold in its sole discretion. Clients acknowledge that Certn is the owner and licensor of the
Intellectual Property Rights and that their use of the Intellectual Property Rights confers no
additional interest in or ownership of the Intellectual Property Rights.
29. By sending us any feedback, comments, questions, or suggestions concerning Certn or our
Services (collectively, “Feedback”), you represent and warrant (a) that you have the right to
disclose the Feedback, (b) that the Feedback does not violate the rights of any other person
or entity, and (c) that your Feedback does not contain the confidential or proprietary
information of any third party or parties. By sending us any Feedback, you further (i) agree
that we are under no obligation of confidentiality, express or implied, with respect to the
Feedback, (ii) acknowledge that we may have something similar to the Feedback already
under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-
free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute
and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against
Certn and its users any claims and assertions of any moral rights contained in such Feedback.
This Feedback section shall survive any termination of the Services.
30. In connection with your use of the Services, Certn may charges certain fees (“Fees”) such as
Fees when you order a report. You agree to pay all applicable Fees or charges based on the
terms then in effect. Once Services have been initiated, Fees are nonrefundable. Charges will
appear on your account as “Certn (Canada) Inc”. Payment processing services provided by our
third-party payment processor are subject to its terms. All inquiries regarding Services and
delivery of reports, including timing or delays, should be made to Certn at support@certn.co.
31. Credit reports and public record check functionality is provided by our third-party credit
reporting agencies and may not be available for all Applicants or at all times for various
reasons, including reasons beyond our control. We are not a credit bureau and do not control
or verify the contents of credit reports, including reports obtained through the Service. We are
NOT responsible for the contents of any credit report or any credit score, whether correct or
incorrect.
32. Criminal record report and motor vehicle report functionality is provided by a Third-Party
Reporting Agency and may not be available for all Applicants or at all times for various
reasons, including reasons beyond our control. We are not a government agency and do not
control or verify the contents of criminal record reports or motor vehicle reports, including
reports obtained through the Service. We are NOT responsible for the contents of any criminal
record report or motor vehicle report, whether correct or incorrect.
33. Credit reports, public record check reports, criminal record reports and motor vehicle record
reports can contain incorrect information. Certn does not verify the contents of any reports
obtained through Third-Party Reporting Agencies and is NOT responsible for the contents or
any discrepancies contained within them. Should you have a concern that our records may be
incorrect, you can refer to Section 7 of our Privacy Policy to receive a copy of your Certn
Report.
34. We are not responsible for the accuracy of anything submitted under your account to the
Service.
35. Each party represents and warrants to the other party that: (i) it has the full power and
authority to enter into the terms and conditions of these Terms; and (ii) the Terms constitute a
legal, valid and binding obligation.
36. OUR SITE, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR
ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”, WITH NO WARRANTIES OF
ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER
CERTN NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER (A) AS TO THE CONTENT, PRODUCTS, SERVICES OR ANY OTHER
INFORMATION AVAILABLE ON OR ACCESSED THROUGH OUR SITE OR OBTAINED BY,

THROUGH OR AS A RESULT OF THE USE OF THE SERVICES, (B) THAT YOU WILL HAVE
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CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, PRODUCTS OR


SERVICES, OR (C) THAT OUR SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN
ADDITION, CERTN AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR
ACCESS TO AND USE OF OUR SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR
OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER CERTN,
ITS DOMESTIC SUBSIDIARIES, NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, PRODUCTS OR
SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR
COMPUTER EQUIPMENT.
37. We are not responsible for knowing the applicable laws in each jurisdiction. You agree to
indemnify, defend, and hold harmless us and our subsidiaries, affiliates, agents, officers and
employees, and vendors (including without limitation our Third-Party Reporting Agencies and
affiliates) (the “Indemnified Parties”) from any claim, suit, action, or loss arising from or
relating to any claim by a third party which arises as a result of your use of the Services,
including any liability or expense arising from claims, losses, damages, suits, judgments, civil
or criminal fined or other penalties, litigation costs, and attorneys’ fees. You also agree to
indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable
attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data
gathering and extraction tools, or any other action you take that imposes an unreasonable
burden or load on our infrastructure.
38. The Service is provided “as-is” without promises of any kind. Neither we nor our affiliates
warrant or guarantee that the Service will meet or continue in the future to meet your needs,
or that we will continue to provide the Service or any aspect of the Service in the future. To
the maximum extent permitted by law, we will not be liable responsible for lost profits,
revenues, or data, financial losses, or indirect, special, consequential, exemplary, interruption
of service, data non-delivery, site interruption, and/or punitive damages. To the maximum
extent permitted by law, our total liability for any claim relating to the services or these Terms
of Use, including any claim for any implied warranty, is limited to the amount you paid to us to
use the services.
39. If you violate any of these Terms of Use and we do not take action right away, that DOES NOT
mean we are waiving any of our rights. These Terms of Use are governed by the laws of British
Columbia and the laws of Canada applicable therein. By accessing the Service or utilizing the
results of the Service you hereby submit and attorn to the jurisdiction of the Courts of the
Province of British Columbia for any disputes or matters arising from, connected with, or
relating to the Service, the Terms of Use or any related matters or reports. You further consent
to personal jurisdiction in the courts located in the City of Victoria. If any part of these Terms
of Use are held to be invalid or unenforceable, the rest of the Terms of Use will still apply.
40. Information you provide to us as an Applicant, including personal information, will be
accessible through Certn between 3 to 7 years. If an Applicant requests that their information
be deleted, it will be marked for automatic deletion to occur after the 3-year anti-fraud
window passing. Otherwise, the information would be accessible up to 7 years and deleted.
41. The Services may contain links to third-party websites and other resources that are not
owned or controlled by Certn. These links do not imply any endorsement by Certn or the
assumption of any responsibility for any such third-party sites, information, materials,
products, or services. If you access a third-party website or resource from the Services, you

do so at your own risk, and you understand that these Terms and Certn’s Privacy Policy do not
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apply to your use of such links. Any contract entered with, and any damages caused by, a
third-party company will be between you and that company.
42. You expressly relieve Certn from any and all liability arising from your use of any third-party
website, service, or content. You acknowledge and agree that Certn is not responsible or
liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. You should carefully
review the privacy policies and terms and conditions of the third-party websites you visit.
43. You consent to receive any agreements, notices, disclosures and other communications
(collectively, “Notices”) to which these Terms refer from us electronically including without
limitation by e-mail or by posting notices on this Site. You agree that all Notices that we
provide to you electronically satisfy any legal requirement that such communications be in
writing.
44. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and
will be deemed to have been duly given when received, if personally delivered or sent by
certified or registered mail, return receipt requested; when receipt is electronically confirmed,
if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by
recognized overnight delivery service.
45. Written notice may be sent via first-class mail to CERTN LEGAL DEPARTMENT, 1017 FORT
STREET, VICTORIA, BC, CANADA or via e-mail to legal@certn.co. You agree that we may send
notices to you regarding your use of the Site by means of electronic mail, a general notice
posted on the Site, or by written communication delivered either by overnight courier or
Canada Post to your email or mailing address as appearing in our records from time to time.
46. We reserve the right in our sole discretion to alter these Terms of Use at any time and to make
changes on how we provide or operate the Services. We may also modify, add, suspend and
discontinue the Service. We’ll notify you on the site or via email of important changes. You are
free to cancel or discontinue using the Services at any time without penalty. Your continued
use of the Service following a change to these Terms of Use constitutes acceptance of the
change.
47. You may not assign any of your rights or obligations under these Terms without the prior
written consent of Certn. Subject to the foregoing, these Terms inure 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.
48. Certn will not 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, 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.
49. The parties are independent contractors. Nothing contained in these Terms shall be
construed as creating any employment, agency, partnership, franchise, joint venture, or other
form of joint enterprise or authority to bind the other party. There are no third-party
beneficiaries to these Terms. If any provision is found unenforceable, it and any related
provisions will be interpreted to best accomplish the unenforceable provisions essential
purpose. Any waiver of a provision of these Terms will only be valid if provided in writing and
applies only to the specific occurrence so waived. Failure to enforce any provision will not
constitute a waiver. Nothing in these Terms will limit a party’s ability to seek equitable relief.
Section headings are not to be used in the interpretation hereof.
50. By checking the box below and accessing the Services, you agree to be bound by these Terms
and our Privacy Policy, as may be updated from time to time, (“Privacy Policy”), which is

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incorporated into these Terms by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU
MAY NOT USE OR ACCESS OUR SITE.
51. You understand that you may be required to show proof of tenant insurance before the Client
releases the keys to you.
52. In applicable jurisdictions, you understand that last month’s rent deposit is not refundable.
53. You consent to the check of credit information and to the disclosure of any information, to
any person with whom you have or propose to have financial relations with.
54. You authorize the Client and its agents to exchange your personal information for collection
or legal matters.
55. You authorize the Client and/or its agents to review my personal credit file in conjunction with
this application.
56. You authorize the Client and its agents to exchange your personal information on an ongoing
basis with Credit Bureaus and permit such organizations to verify your personal information in
order to protect you, ensure the completeness of the information and maintain the integrity of
the credit granting system, and to co-operate with local, provincial and national authorities in
the investigation of unlawful or improper activities in order to protect you and us from
fraudulent transactions. 
57. You authorize Certn, the Client and/or its agents to register your successful or unsuccessful
tenancy with the National Tenancy Registry for the purposes of rental history verification.

Certn makes it easier for employers, landlords, and others to screen and evaluate people. Using machine
learning and artificial intelligence (AI), we aim to create the most comprehensive and predictive applicant
profiles available.

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