Terms of Service
CertifID, Inc’s Terms of Use
Last Updated February 11, 2025
1. General
This Terms of Use Agreement (“Agreement”) governs your ("you" or the “Consumer”) access and use of the website, [www.paymints.io] (“Website” or "Payments Services"), and our “Services” (defined below). This Website is owned and operated by CertifID, Inc. ("CertifID"), and the terms and conditions herein apply to CertifID, its parent companies, subsidiaries, and affiliates, referred to below as “CertifID”, “we”, “us”, “our” or “Company”. Your use of this Website is subject to the following terms and conditions.
Please read this entire Agreement carefully. It covers important information about the Website and Services. This Agreement includes information about future changes to its terms and conditions; limitations of liability; a class action waiver; and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE WEBSITE AND SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE OR SERVICES IN ANY MANNER.
2. Services
a. Introduction to Payments Services
Payments Services is a bi directional, white label, digital payment platform that allows the Consumer and interested parties the ability to securely send/receive funds to/from an escrow agent. Payments Services is engineered to be a fully digital, secure, and a Soc2 Type 2 compliant platform that eliminates inefficiencies by bringing transparency into the movement of funds which helps eliminate paper checks and reduce wire fraud.
b. Disclaimer to Consumers Using the Services.
You understand and agree that CertifID is not representing you in any capacity. Also by using the Website or the Services, you may come into contact with or use the services of various real estate agents or brokers, vendors, advertisers or other third parties. CertifID does not control or supervise any such affiliates, agents, brokers, vendors, advertisers or other third parties, and CertifID is not responsible for their actions. All terms and conditions between a Consumer and a real estate professional are governed by a separate legal agreement that does not involve CertifID and is solely between the Consumer and the real estate professional. CertifID does not endorse, validate, or recommend any legal agreements between Consumers and real estate professionals. Please consult your own attorney or legal representative.
By using the Services, you certify that you are eighteen (18) years or older and that all of the information provided incident to using the Services is true, accurate, complete and up to date.
c. Notice.
All parties understand that CertifID is not a real estate brokerage or escrow holding company.
All parties understand that CertifID uses the Automated Clearing House (ACH), Real Time Payments (RTP), Fedwire, FedNow and virtual debit cards to facilitate the transfer of funds.
All parties agree that payments made through CertifID to legally bind and execute real estate contracts are considered authorized debits as defined by NACHA, and cannot be recalled, returned, or reversed.
All parties agree that a dispute over a payment made through CertifID to legally bind and execute a real estate contract will be handled by the parties involved and in compliance with local laws.
All parties agree that an attempt to recall, return, or reverse an authorized payment made through CertifID when legally bound by a real estate contract, generally part of a real transaction or involved in a legal dispute over an authorized payment, is a crime.
If a payment is made in error, the parties involved agree to notify CertifID in writing within 10 business days to correct the error.
All parties agree that CertifID will have 30 calendar days from the notification date to respond and/or correct the error.
All parties agree that CertifID is not a party to real estate contracts and will only provide records when legally obligated to in writing.
All parties agree to act lawfully when using the CertifID platform to send and receive funds.
All parties agree that CertifID will be held totally and completely harmless if there are disputes over payments made through CertifID.
d. Other Services.
CertifID provides and makes available products and services other than the Services (the "Other Services"), and your use of or participation in the Other Services may be subject to separate agreements with CertifID or additional policies, rules, and/or conditions (collectively, “Additional Terms”). The applicable Additional Terms shall govern your use of or participation in Other Services, and you understand and agree that by using or participating in any Other Services, you agree to comply with these Additional Terms.
3. Privacy Policy
Our privacy policy (“Privacy Policy”) describes the information that we collect from you when you visit and use our Website, how we share it, and how we use it. By using the Website you consent to our Privacy Policy and the collection, use and sharing of information as discussed in the Privacy Policy.
4. Use and Access of our Website
a. General Use.
By using this Website, you accept and agree with these terms and conditions whether or not you complete a transaction with Company and whether or not you complete a transaction on our Website or through any other channel associated with Company. By using this Website and our Services, you represent and warrant to us that you are of sufficient legal age to enter into this Agreement. You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity. You represent and warrant that the information that you provide to us will be current, true and accurate. Any incorrect or incomplete information may affect the value of our service and be punishable to the furthest extent of the law.
b. Prohibited Uses of the Website and Services.
You may use our Services, including the Website, only for lawful purposes and in accordance with this Agreement. You agree not to use the Services, including the Website:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- to send, knowingly receive, upload, download, use or re-use any material which you do not own or have a license right in, or which is not related to receiving services from CertifID;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate CertifID, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing, or any domain names that include CertifID or Payments Services marks;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm CertifID or users of the Website or Services or expose them to liability;
- in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, or use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- with use of any device, software or routine that interferes with the proper working of the Website. You agree to not introduce any viruses, trojan horses, worms, logic bombs, distributed denial-of-service attacks, or other material which is malicious or technologically harmful;
- to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You will not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Site; or
- to otherwise attempt to interfere with the proper working of the Website. You will not reverse engineer or attempt to derive the source code of the Website. You will not decompile, reverse engineer or otherwise manipulate or work with the software or software architecture of the Website. You will not use any robot or any other automatic device and you will not use any manual process to monitor or to copy any information in the Site for any unauthorized purpose. You will not use any automatic device, software, or other routine to interfere with or attempt to interfere with the functioning of the Website. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CertifID on or through the Website or any service offered on or through the Website. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
c. Suspension of Service.
We reserve the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Website. You agree that you may not use or attempt to use any part of this Website to represent that you have any affiliation with CertifID without express written permission from us. You agree and acknowledge that you have the sole responsibility and liability for your use of this Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Website.
5. Indemnification and Limitation of Liability
a. Indemnity.
You agree to indemnify CertifID and all of the employees, officers, directors, agents, investors and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Website and the Services, your breach/violation of or failure to comply with the Agreement, or your use of any information obtained from the Website.
b. Limitation of Liability.
EXCEPT TO THE EXTENT ANY EXCLUSION OR LIMITATION OF LIABILITY IS PROHIBITED, UNENFORCEABLE OR VOID UNDER APPLICABLE LAW, IN NO EVENT WILL CERTIFID, ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
6. Communications Consent
You acknowledge and agree that we may contact you via electronic means, including e-mail, phone calls and text messages, at the email address and telephone number provided by you for telemarketing or non- telemarketing purposes. You further agree that we may make this contact by using a predictive dialer or an automatic telephone dialing system, and/or by using an artificial or prerecorded voice. You agree to notify us promptly if a telephone number you provided to us is no longer a number at which you may be reached (such as in the event of number reassignment or if you want to revoke your consent to be contacted by telephone). Please note that mobile messaging, text, and data rates may apply.
7. Consent For Election Signatures, Records And Disclosure
Please read this information carefully and print a copy and/or retain this information for future reference.
a. Introduction.
This section notifies you of your rights when receiving electronic disclosures, notices, and information. Using the Website and/or Services and agreeing to this Agreement, you acknowledge that you received this notice and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“disclosures”).
b. Option for Paper or Non-Electronic Records.
You may request any disclosures in paper copy by contacting the third party lending platforms directly.
c. Scope of Consent.
This consent applies to all interactions you have with CertifID, the Website, and/or the Services, and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. Disclosures may be provided through the Website or by e-mail.
d. Hardware and Software Requirements.
To access and retain this Agreement and all disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an email account, and an Internet Browser software program that supports at least 128 bit encryption. To read some documents, you may need a PDF file reader like Adobe®Acrobat Reader.
e. Withdrawing Consent.
You may withdraw your consent by contacting us at [support@certifid.com]. If you decide to withdraw this consent, the legal effectiveness, validity, and enforceability of any and all prior electronic disclosures will not be affected.
f. Change To Your Contact Information.
You should keep us informed of any change in your electronic address or mailing address. You may update such information by logging into your Payments Services account on the Website or by contacting us at [support@certifid.com].
g. CONSENT.
BY AGREEING TO THIS CONSUMER TERMS OF USE AGREEMENT AND/OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES. YOU CONSENT TO USING ELECTRONIC SIGNATURES AND HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE.
8. No Warranty
Much of the data contained in CertifID is provided to us by third parties and therefore we do not control the accuracy or completeness of the information contained in the Services.
THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND "AS AVAILABLE" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CERTIFID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS, OR THE USE OR RESULTS OF USE OF THE CONTENT, SERVICES, CALCULATIONS, PRODUCTS OR MATERIALS, ON OR AVAILABLE THROUGH THE WEBSITE.
The content, Services, calculations, information, products and materials on or available through this Website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication.
9. Third Party Sites
The Website may include links to third party websites, applications, and services (collectively, “Third Party Sites”). You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. CertifID is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
10. Intellectual Property Ownership and License
a. Copyright.
All materials (including source code, data, images, and other content) contained in the Website, including the selection and arrangement of the materials, are owned by CertifID or are licensed by CertifID for use on the Website.
b. Trademarks.
CertifID and Payments Services, and their respective logos and other trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of CertifID. Other trademarks and logos used in connection with Payments Services may be the trademarks of their respective owners, and such use is not intended to grant us any rights in such trademarks.
c. Other Intellectual Property.
CertifID also owns all other ideas, trade secrets, designs, specifications and know-how that contribute to the functionality of the Website and Services.
d. Restrictions.
Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use (or misuse) of the Website any of its components. We may revoke your permission to access and use the Website or Services, and we may block or prevent you from accessing the Website or Services, in our sole discretion without notice. If you violate this Agreement, your permission to access and use the Website and/or Services is automatically revoked.
e. Reservation of Rights.
CertifID reserves all intellectual property rights in the Website and Services. Except as expressly set forth in this Agreement, you receive no right under any intellectual property or other proprietary right owned or controlled by CertifID, including without limitation in the Website, Services, and in its trademarks and logos.
11. Not A Credit Repair Organization Or Contract
CertifID is not a credit repair organization and does not provide any form of credit repair advice or counseling. We do not offer, provide, or furnish any Services, or any advice, counseling, or assistance, for the express or implied purpose of improving your credit record, credit history, or credit rating. By this we mean that we do not claim we can “clean up” or “improve” your credit record, credit history, or credit rating. These items (credit record, history, and rating) are based on your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed.
12. Equal Housing Opportunity
CertifID complies with all applicable laws, regulations, and policies regarding the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
13. AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.
a. Binding Arbitration.
Any Claim (as defined below) raised by either you or CertifID against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term “Claim” or “Claims”; means any claim, dispute, or controversy between you and us relating in any way to your relationship with CertifID, including but not limited to any Claim arising from or relating to this Agreement, the Services or this Website, or any information you receive from us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims you may assert against CertifID or its subsidiaries, affiliates, successors, assigns, employees, and agents. The term “Claim”; shall have the broadest possible construction.
b. No Class or Representative Arbitrations.
The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit your Claims to arbitration, you will be forfeiting your right to bring or participate in any class action (whether as a named plaintiff or a class member) or to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed.
c. Right to Opt-Out of this Arbitration Provision.
IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with CertifID or the delivery of Services to you. In order to exclude yourself from the arbitration provision, you must notify CertifID in writing within 30 days of the date that you first accept this Agreement on the Website. To be effective, timely written notice of opt out must be delivered 3601 South Congress Ave., Suite D200, Austin, TX 78704 and must include your name and address, as well as a clear statement that you do not wish to resolve disputes with CertifID through arbitration. If you have previously notified CertifID that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and you must pursue your Claim in arbitration or small claims court.
d. Initiation of Arbitration.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is filed unless any portion of those rules is inconsistent with any specific terms of this arbitration provision or this Agreement, in which case the terms of this arbitration provision and this Agreement will govern. The AAA’s rules may be obtained at www.adr.org, or by calling the AAA at 1 888 778 7879. To commence an arbitration, you must file a copy of your written arbitration demand with the AAA (either online at www.adr.org or by mail addressed to AAA, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The arbitration shall be before a single arbitrator. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law or laws that apply to the dispute, subject to any limitations of liability or damages that exist under this Agreement. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the “FAA”). Any claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.
e. Payment of Arbitration Fees and Attorneys' Fees.
Each party shall be responsible for their own attorneys’ fees. The arbitrator shall have the authority to allocate the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) between the parties in such equitable manner as the arbitrator may determine.
f. Continuation.
This arbitration provision shall survive: (i) termination or changes in this Agreement or the relationship between you and us; and (ii) termination or changes in our providing any Services to you.
g. Small Claims Court.
Notwithstanding anything in this section, either you or CertifID may bring an individual action in small claims court as long as (i) the claim is not aggregated with the claim of any other person, and (ii) the small claims court is located in the same county and state as your address that you most recently provided to CertifID according to CertifID’s records in connection with this Agreement.
14. Other Legal Terms
a. Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
b. Notices.
You may contact us here [support@certifid.com], or via mail or courier at:
3601 South Congress Ave., Suite D200, Austin, TX 78704.
c. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and CertifID regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
d. No Waiver.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
e. Amendments to This Agreement.
We reserve the right to modify, supplement, or replace all or any portion of the terms and conditions of this Agreement at any time by posting it on the Website. If you don’t agree with all of the terms and conditions of the updated Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use the Website or Services. If you use the Services or Website in any way after a change to the Agreement is effective, that means you agree to all of the changes.
Except for changes by us as described here or in any updated version of the Agreement, no other amendment or modification of the Agreement will be effective unless in writing and signed by both you and CertifID.
f. Governing Law.
This Agreement shall be governed by, interpreted, construed, applied and enforced in accordance with the laws of the [State of Michigan]. The courts of [Michigan], or the federal court(s) of the United States situated therein, as applicable, shall have sole and exclusive jurisdiction over any action, claim, demand, proceeding or lawsuit whatsoever arising under or in relation to this Agreement or its subject matter. The parties irrevocably agree, consent and submit themselves to the subject matter and personal jurisdiction of such courts for such purposes.
