Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and YieldShield LLC (“YieldShield,” “we,” “us,” or “our”) governing the YieldShield Vantage tenant-screening service (the “Service”). By creating an account, requesting a screening, submitting information, or clicking to accept, you agree to these Terms and our Privacy Policy. If you are a Landlord, your rights and obligations with respect to consumer reports and screening are governed by the separate YieldShield End-User Agreement, including its FCRA Permissible-Purpose Certification and State-Specific Supplement. You accept that agreement through the certification flow before you may request a screening. It is incorporated into these Terms by reference and controls over these Terms as to all Screening Matters, as provided in Section 21 of that agreement.

1. Definitions

“End User” means the property owner, or the party with authority to make the leasing decision for the property, on whose behalf a screening is requested and who is the “end user” of each Consumer Report under the FCRA. “Requesting Individual” means the natural person who submits a screening request through the Service, whether that person is the End User or an authorized representative acting for the End User. “Landlord” means the End User; where these Terms describe an action taken through the Service, that action is taken by the Requesting Individual on the End User’s behalf. “Applicant” means the person who is the subject of a screening. “Consumer Report” has the meaning in the Fair Credit Reporting Act, 15 U.S.C. § 1681a(d) (“FCRA”). “Screening Information” means the Consumer Reports and related products delivered through the Service, which may include a credit report, criminal records, eviction records, TransUnion’s ResidentScore, and, where an applicant gives a written instruction for one, a bank income report prepared by Plaid Consumer Reporting Agency, Inc., doing business as Plaid Check (“Plaid Check”). ResidentScore is TransUnion’s rental-performance score and is not a credit score. It is prepared by TransUnion and furnished by TransUnion as part of its report. YieldShield does not calculate it, retain it, evaluate it, or use it or anything derived from it for any purpose. “TransUnion” means TransUnion Rental Screening Solutions, Inc., a consumer reporting agency that prepares and furnishes TransUnion reports and that contracts with you directly for them; YieldShield is the technology platform through which they are delivered.

2. Eligibility

You must be at least 18 and able to form a binding contract.

3. The Service; roles

YieldShield transmits applicant-authorized screening requests to TransUnion and displays TransUnion’s response to the End User who requested it. The End User is the “end user” of each Consumer Report under the FCRA and the sole decision-maker. YieldShield does not prepare or evaluate consumer reports; does not make, recommend, or set criteria for rental decisions; and does not use Consumer Report information for its own purposes. Where an applicant gives a written instruction for a bank income report, YieldShield transmits the applicant’s request to Plaid Check and displays Plaid Check’s report to that End User.

Part A — Landlord Terms

4. Landlord terms; End-User Agreement

Landlord rights and obligations, including the FCRA permissible-purpose certification, applicant-authorization requirements, tenant-selection-criteria obligations, fair-housing covenants, adverse-action responsibility, data-security and disposal duties, audit cooperation, and agent authority, are set out in the YieldShield End-User Agreement, which you accept separately through the certification flow before you may request a screening. That agreement is incorporated into these Terms by reference. Where the End-User Agreement and these Terms conflict as to any Screening Matter (as that term is defined in the End-User Agreement), the End-User Agreement controls.

5. Copyright: repeat infringers

You upload the photographs and descriptions on your listings. When you upload them, you tell us you have the right to use them. We take you at your word. We do not check, and we do not form a view about who owns what.

But federal law requires us to have a policy for accounts that keep drawing copyright complaints, and to actually enforce it. This is that policy.

How a strike works

You receive a strike when we remove or disable material you uploaded because we received a copyright notice that meets the requirements of 17 U.S.C. section 512(c)(3). One notice is one strike, however many photographs it covers.

You do not receive a strike for:

• a notice we could not act on because it was incomplete;
• a notice the sender withdraws or tells us was sent in error;
• material you take down yourself before we act on a notice.

Three strikes in any 12 month period and we end your ability to publish listings. The 12 months run backward from the most recent strike, not from a calendar year.

We may end it immediately, without waiting for three strikes, if a single notice identifies 10 or more separate works, or if a court finds that material you uploaded infringed someone’s copyright.

What a counter notification does and does not do

If we remove your material you may send us a counter notification, and if you do we will follow the process federal law sets out. We explain how in the notice we send you.

A counter notification does not remove a strike. It is your sworn statement that you believe the removal was a mistake. It is not a decision by anyone that it was. If we removed your material and it goes back up because nobody filed a lawsuit, the strike stays.

A strike is removed only if the person who sent the notice withdraws it or tells us it was sent in error, or if a court decides the material did not infringe.

If your listing privileges end

Your listings come down and you cannot publish new ones. We do not restore listing privileges on a new account you open under a different name or a different entity, and doing that is itself a breach of these Terms.

Tenant screening is not affected. A screening you have paid for, an application already in progress, and any report you are entitled to are unchanged.

If you are a leasing agent, strikes attach to your account, not to the owners you work for. An owner whose property was listed through an account that lost its listing privileges may list it again through their own account or through another agent.

We will tell you when you receive a strike and we will tell you where you stand. Nothing here happens silently. Our designated copyright agent, and what a notice has to contain, are on our copyright and DMCA notices page.

6. [Reserved]

7. [Reserved]

8. [Reserved]

9. [Reserved]

10. [Reserved]

11. [Reserved]

12. [Reserved]

Part B — Applicant Terms

13. Consent and identity check

Authorization. You authorize TransUnion Rental Screening Solutions, Inc. (“TransUnion”) to obtain your consumer report information and to furnish it to the property owner you identify, in accordance with the TransUnion Permission Statement you accept separately. YieldShield transmits your request to TransUnion and displays TransUnion’s response. YieldShield does not prepare or evaluate consumer reports.

You agree to complete TransUnion’s identity check, which requires your SSN and date of birth (handled as described in the Privacy Policy). You may decline at any point before you pay; if you do, you are not charged. If you pay and then stop before TransUnion has produced your report, you receive the refund described in section 14.

14. Fee and refund

You pay a flat fee of $38, plus sales tax where applicable, processed by our third-party payment processor. The fee is charged for screening services and is not consideration for the sale of any person’s personal data. The fee is non-refundable once TransUnion has produced your report, whether or not the property owner approves your application. If TransUnion delivers any part of your report (credit, criminal history, or eviction history), your report has been produced, even if another part could not be completed. If TransUnion does not produce your report, for any reason, the full amount you paid, including any tax, is refunded to the payment method you used. Any other refund is at YieldShield’s discretion.

15. Accurate information

You will provide true, accurate, and complete information. False information may cause an inaccurate or failed screening and is a breach of these Terms.

Part C — General Terms

16. Acceptable use

You will not misuse the Service, including by attempting to breach security, accessing data without authorization, scraping or harvesting data by automated means without consent, interfering with the Service, transmitting malicious code or spam, or violating any law or third-party right.

17. Intellectual property; license

The Service and its content are owned by YieldShield or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service as permitted by these Terms. All other rights reserved.

18. SMS/text messaging

If you opt in, separate consent applies to messages about your account versus marketing messages; consent to marketing texts is not a condition of using the Service; message frequency varies; message and data rates may apply; reply HELP for help or STOP to cancel (or opt out by any reasonable method); one opt-out confirmation may be sent. We do not share mobile opt-in or SMS consent data with third parties or affiliates for marketing. Carriers are not liable for delayed or undelivered messages. See the Privacy Policy.

Subscribers will opt-in via https://www.yieldshield.io to receive verification messages from YieldShield LLC, powered by AWS Notify. Message frequency may vary per user.

If you have any questions about your text plan or data plan, contact your wireless provider.

For all questions about the services provided, you can send an email to help@yieldshield.io.

19. Third-party services

The Service relies on TransUnion for TransUnion reports, on Plaid Check for bank income reports, and on a third-party payment processor for payments, each governed by its own terms. We are not responsible for third-party services except as stated in these Terms or required by law.

Listing pages include Google Maps features and content. Your use of those features and content is subject to the Google Maps End User Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy).

20. Suspension; termination

We may suspend or terminate your access immediately, with or without notice, for any actual or suspected violation of these Terms, the FCRA, or TransUnion’s requirements, for abusive or excessive usage, or as required by law or by TransUnion. Upon termination your license ends. Sections 4 and 5 and Sections 13 through 27, and any accrued obligations, survive termination. Landlord obligations with respect to screenings performed before termination survive as provided in the End-User Agreement.

21. No legal advice

YieldShield’s criteria tools and guidance are provided for convenience and do not constitute legal advice. You are responsible for obtaining your own legal advice regarding your obligations.

22. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF CONSUMER REPORT CONTENTS, WHICH ARE PREPARED BY A CONSUMER REPORTING AGENCY, OR ANY DECISION MADE BY A LANDLORD. Nothing in this Section limits any non-waivable consumer right under the FCRA. How YieldShield handles, shares, and safeguards personal information, including consumer report information that passes through the Service, is described in the Privacy Policy.

23. Indemnification

This Section applies only to Landlords and other End Users. It imposes no obligation on any Applicant, and no Applicant is required to indemnify any party under these Terms or to bear any liability for any other person’s conduct.

If you are a Landlord or other End User, you agree to indemnify, defend, and hold harmless YieldShield LLC, its officers, managers, members, and employees, and TransUnion Rental Screening Solutions, Inc. and FiTerra Holdings LLC as third-party beneficiaries of this Section, from any claims, damages, penalties, and costs (including reasonable attorneys’ fees) arising from your breach of these Terms or the End-User Agreement, your misuse of Screening Information, your screening decisions, your noncompliance with the FCRA or fair-housing law, or your violation of any law or third-party right.

24. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YIELDSHIELD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, AND OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $100. THIS LIMITATION DOES NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS OR WAIVES: (i) LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL OR INTENTIONAL MISCONDUCT; (ii) ANY RIGHT OR REMEDY AVAILABLE TO A CONSUMER UNDER THE FCRA; (iii) ANY RIGHT UNDER THE TEXAS DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT THAT MAY NOT BE WAIVED; OR (iv) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE PARTIES AGREE THIS LIMITATION IS A REASONABLE ALLOCATION OF RISK AND A MATERIAL BASIS OF THE BARGAIN.

25. Dispute resolution

(a) Disputes about your consumer report. This Section does not apply to the accuracy or completeness of information in a consumer report. TransUnion Rental Screening Solutions, Inc., a consumer reporting agency, prepares and furnishes TransUnion reports. Disputes about the contents of a TransUnion report go directly to TransUnion Rental Screening Solutions, Inc. (TURSS), Attention: Consumer Dispute Team, P.O. Box 800, Woodlyn, PA 19094, (800) 230-9376, https://www.transunion.com/client-support/rental-screening-disputes. YieldShield does not prepare or evaluate consumer reports and cannot correct their contents.

(b) No arbitration; no class waiver. These Terms contain no agreement to arbitrate. Nothing in these Terms requires you to arbitrate any claim, and nothing in these Terms waives, limits, or conditions any right to participate in a class, collective, or representative proceeding.

(c) Informal resolution first. Before filing any claim, you and YieldShield agree to attempt informal resolution: send a written notice of dispute to legal@yieldshield.io (or, for YieldShield, to your account email) describing the claim, and the parties will confer in good faith for 45 days. This subsection does not bar either party from small-claims court for qualifying claims, does not bar injunctive relief to protect intellectual property or data security, and does not shorten, condition, or toll any limitations period. Failure to complete this step does not bar any claim.

(d) Consumer statutory rights; precedence. Nothing in these Terms, including this Section 25, Section 26, and any provision governing choice of law, jurisdiction, venue, dispute resolution, limitation of liability, limitations period, or class, collective, or representative relief, waives, limits, alters, conditions, or shortens any right, remedy, or period available to a consumer under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or under any state or territorial law governing consumer reports, consumer reporting agencies, credit bureaus, debt collection, or deceptive trade practices and consumer protection, or modifies the jurisdiction, venue, or limitations period available for such claims under 15 U.S.C. § 1681p or any corresponding state provision. As used in this subsection, “consumer” has the meaning given in 15 U.S.C. § 1681a(c) and is not limited to applicants. This subsection controls over the remainder of this Section 25, over Section 26, and over every other provision of these Terms with respect to such claims.

(e) Landlords and other End Users. Disputes between YieldShield and a Landlord or other End User are governed by the End-User Agreement, which contains no agreement to arbitrate.

26. Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, subject to mandatory federal law (including the FCRA) and Section 25. Each party irrevocably submits to the personal jurisdiction of the state and federal courts sitting in the State of Texas, and waives any objection to those courts on grounds of personal jurisdiction or forum non conveniens. To the fullest extent permitted by Chapter 15 of the Texas Civil Practice and Remedies Code, the parties agree that venue is proper in Travis County, Texas; this preference is permissive, does not displace any mandatory venue provision, and its unenforceability does not affect any other provision of this Section. Nothing in this Section displaces any provision of the law of the jurisdiction in which the property is located that applies notwithstanding the parties’ choice of law.

27. Changes; notices; miscellaneous

We may update these Terms; material changes will be posted with a new “Last updated” date and, where appropriate, notified to your account email; continued use constitutes acceptance. Legal notices to YieldShield go to YieldShield LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731, legal@yieldshield.io. If any provision is unenforceable, the remainder stands. These Terms and the Privacy Policy are the entire agreement regarding the Service. No waiver of any term is a continuing waiver.