My Credit Action (MCA)

This General Terms of Use Agreement (the “General Terms”) is entered into by and between you (the “User”) and My Credit Action, herein referred to as (“MCAT”, “MCA”, “we”, “us”, “our”), a Florida limited liability company, together with its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity).

As used in these General Terms, the term “Site” or “Sites” includes all websites, web applications, technology platforms, and/or mobile applications we operate that link to these General Terms, all pages within each such website or application, any equivalent, mirror, replacement, substitute, or backup websites or applications, and all pages associated with each such website or application. The term “Services” refers to MCAT's products, services, and features made available to you through one or more Sites.

When these General Terms use the word “including” to illustrate specific examples, it shall be interpreted as “including, without limitation” or “including but not limited to” and will not be construed to make the examples exhaustive. These General Terms have the same effect as a written agreement, and they govern:

1. Your use of any of MCAT Sites and any related content,
2. Your engagement of Services offered by MCAT, and/or
3. Your request that MCAT contact you regarding our Services.

1. Acceptance of Terms

   By accessing or using any of our Sites, engaging our Services, and/or requesting that MCAT contact you, you acknowledge that you have read, understood, and agree to be bound by these General Terms. If you do not agree with these terms, you must not use the Sites or Services.

2. Privacy Policy

   MCAT's Privacy Policy applies to your use of the Sites and the Services, and its provisions are incorporated into these General Terms by reference. The Privacy Policy details how we collect, use, and may share your information, including potential sharing with partners to provide you with relevant financial opportunities aligned with your goals. By accessing or using the Sites, engaging our Services, and/or requesting that MCAT contact you, you acknowledge that you have reviewed MCAT's Privacy Policy and agree to be bound by its terms.

3. Description of Services

   The Sites provide Users with information about MCAT's Services, general educational and informational resources about credit, and the opportunity to sign up for or otherwise engage with MCAT's offerings. MCAT is an AI-driven, credit-building platform offering personalized recommendations and guidance.

   Important Credit Service Disclaimers:

   • Each person's credit situation has unique factors that may require individualized attention
   • The information provided is for educational purposes to help you improve your credit score only and is not a guarantee of specific results
   • Credit outcomes depend on many variables including creditor policies, credit bureau reporting practices, and your specific financial circumstances
   • Our services do not provide legal advice or certified financial planning services

4. User Registration

   You are not obligated to register for MCAT's Services simply to browse our publicly available site content. However, you must create a registered account if you wish MCAT to help track or enhance your credit reports or credit rating. In creating an account, you agree to:

   1. Provide accurate, current, and complete information
   2. Confirm you are legally capable of entering into contracts
   3. Promptly update your information as necessary
   4. Maintain the security of your account credentials

   Each account registration is for a single individual; enrollment on behalf of someone else is not permitted unless you hold the appropriate legal authority (e.g., Power of Attorney). You are responsible for preventing unauthorized access to your account and for notifying MCAT at feedback@mycreditaction.com should you suspect or discover any unauthorized use.

   Because MCAT's Services are delivered online, your completion of sign-up may involve:

   1. Electronically reviewing and accepting MCAT's Service Agreement, disclosures, and other relevant documentation
   2. Providing specific identification details, which may include all or part of your Social Security number for identity verification purposes

5. User Authentication and Use of One-Time Password (OTP)

   To ensure the security and integrity of user accounts, we employ a One-Time Password (OTP) system as part of our authentication process. By registering to use our platform, you acknowledge and agree to the following:

   1. OTP Verification: During registration and certain login or security-sensitive activities, an OTP will be sent to the mobile phone number or email address you provide. This OTP must be entered correctly to proceed.

   2. User Responsibility: You are solely responsible for ensuring that the contact details you provide are accurate, accessible, and owned by you. You must not share your OTP with anyone. Any action taken on your account using a valid OTP will be considered authorized by you.

   3. Security Protocols: Our OTP system is designed to safeguard your personal data and prevent unauthorized access. It is your responsibility to take appropriate precautions to protect your account, including securing your device and not disclosing OTPs or other credentials.

   4. Limitation of Liability:We shall not be held liable for any loss, damage, or unauthorized access resulting from misuse, interception, or sharing of an OTP by the user or due to a breach in the user’s device security.

   5. Consent to Receive Communications:By using our services, you consent to receive OTPs and other necessary service-related messages via SMS, email, or any other mode of delivery associated with your registered contact information. You can also OPT-OUT of receiving such service by emailing us through feedback@mycreditaction.com.

   6. Revocation and Termination:We reserve the right to suspend or revoke access to our platform if OTP misuse, suspicious activity, or violation of our Terms and Conditions is detected.

6. User Files

   If you choose to enroll in our services, you enter a written agreement with MCAT. Each file we create for your account is referred to as a “User File.” Your User File remains subject to any other governing agreements, except where explicitly stated otherwise. Each User File is further subject to:

   1. The on-screen instructions or prompts that you encounter in the course of using the Services
   2. MCAT's policies and procedures applicable to User Files and the online services
   3. Relevant state and federal laws and regulations governing credit services and consumer financial information

7. Arbitration Agreement

   By using the Sites, engaging the Services, and/or requesting that MCAT contact you, you agree to binding arbitration on an individual basis only, not as part of any class action or collective proceeding. A “Claim” includes any current or future case, controversy, dispute, tort, disagreement, lawsuit, legal action, or claim between you and MCAT, including but not limited to any alleged violations of federal or state statutes, or any dispute over interpretation of these General Terms or the arbitrability of any Claim under these General Terms. This agreement to arbitrate covers all past, present, and future interactions with MCAT.

   YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING ALL RIGHTS TO:

   • A TRIAL BY JURY
   • PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
   • BRING AN ACTION AGAINST MCAT IN A COURT OF LAW

   The arbitration will be governed by the current rules of the American Arbitration Association (AAA), except where these General Terms conflict with the AAA rules; in such cases, these General Terms prevail. The arbitrator shall have authority to interpret these General Terms, including determining whether a Claim is arbitrable and deciding issues related to the scope of arbitration, the applicable rules, the arbitrator's jurisdiction, and enforceability. You agree these General Terms involve commerce under 9 U.S.C. §§ 1 et seq., and that the Federal Arbitration Act applies. Except for the arbitration clause (which is governed by federal law), the remainder of these General Terms is governed by Florida law.

8. Fees & Refunds

   Provisions relating to charges for the Services, if any, are specified in the separate Service Agreement you accept as a condition of enrollment. These provisions address terms and conditions for cancellation and refunds of fees.

   7.1. Full-Refund Guarantee for No Improvement

   If you experience no improvement in your credit score after fully executing ALL our recommended actions, you may be eligible for a full refund under the following conditions:

   1. Timely Request: You must request the refund after the timeframe specified in the recommendation or within 90 days after you have completed all recommended actions, whichever is later. Please note that certain actions such as obtaining a new credit card, may take up to three months (or longer) before changes appear on your credit report. Consequently, you should allow sufficient time for any recommended steps to be reflected in your credit score before submitting a refund request.

   2. Proof of Initial & Current Score: You must provide documented evidence of your credit score before engaging MCAT's Services (the “Initial Score”) and your credit score at the time of your request for refund (the “Current Score”). This can be obtained from any of the Credit bureaus.

   3. Evidence of Compliance: You must show that you fully followed all personalized actions recommended by MCAT and do not violate any of our terms and conditions, including information disclosure and usage policies

   4. Burden of Proof: You acknowledge that it is your sole responsibility to provide clear and complete documentation that demonstrates (a) your Initial Score, (b) your Current Score, and (c) your full implementation of MCAT's recommendations.

   If MCAT, in its sole discretion, verifies that no improvement occurred and that you fully complied with your personalized action plan, we will issue a complete refund of the fees paid for the Service in question. Failure to provide adequate proof of your Initial Score, Current Score, or adherence to the recommended actions may result in the denial of your refund request.

9. Modifications to Terms

   MCAT reserves the right to modify these General Terms at any time. We will notify users of significant changes through the Site or via email communication. If you do not agree with any changes, you must stop using the Sites, discontinue use of the Services, and/or withdraw your request for MCAT to contact you prior to the effective date of the changes.

   Your continued use of the Sites, continued use of Services, and/or continued request to be contacted after such modifications take effect constitutes your acceptance of the updated General Terms. Each time you access the Sites, use the Services, or continue your request for MCAT contact, you reaffirm your acceptance of these General Terms.

   You are responsible for frequently reviewing these General Terms, which are accessible on our Sites under the “Terms and Conditions” link. The General Terms may be supplemented by additional terms and conditions specific to privacy, certain areas of the Sites, or particular content and transactions. Together with these General Terms, any such supplemental terms govern your use of relevant areas, content, or transactions on the Sites.

10. Ownership

    The Sites, including all text, images, graphics, designs, trademarks, service marks, trade dress, audio/visual materials, animations, software, enhancements, improvements, and any related technology or intellectual property (collectively the "Materials"), are owned by MCAT or other third parties, and are protected under various intellectual property laws.

    All trademarks, copyrights, and other proprietary notices remain the property of their respective owners. MCAT retains all rights, title, and interest (including intellectual property rights) in the Sites and underlying technology or data, and any derivatives thereof. You may not remove, modify, or obscure any copyright, trademark, or other proprietary notices from any Materials.

11. Use of Sites and Materials

    MCAT makes the Sites and Materials available for your personal, non-commercial use solely for the purpose of interacting with MCAT's platform. Any other use is prohibited unless you obtain our express written consent. You must not, directly or indirectly:

    • Modify, republish, redistribute, delete, resell, sublicense, publicly perform, or cache by proxy the Sites or Materials unless explicitly authorized by MCAT or the rightful owner
    • Use the Materials for telemarketing, mass email (spam), or other unsolicited commercial messaging
    • Reverse-engineer, decompile, disassemble, merge, copy, rent, lease, loan, sell, or transfer any source code or structure of the technology underlying the Services
    • Use any network monitoring or discovery software to extract information about the Sites or Users
    • Reformat or "frame" any portion of the Sites or Materials
    • Employ any device, software, or routine that interferes with the correct functioning of the Sites
    • Impose (in our sole discretion) an unreasonable load on our infrastructure
    • Attempt unauthorized access to other systems
    • Violate these General Terms, applicable law, or any third-party rights
    • Use the Sites or Materials for any unlawful, harmful, or objectionable purpose

    Any permitted use does not include using the Sites or Materials for illegal or harmful purposes, including transmitting content that is threatening, defamatory, obscene, hateful, or otherwise objectionable or infringing upon the legal rights of others.

    If MCAT determines that your actions create liability or risk, or are incompatible with our policies, we may restrict, suspend, or terminate your use of the Sites or Services at our discretion without prior notice.

12. License

    By using the Sites, uploading content, or submitting any materials via the Sites, you grant (or warrant that the owner of such rights has granted) MCAT a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works from such materials and any data generated through your use of the Sites, in any form or medium now known or later developed.

    We require these rights to operate and display your content as part of the Services and to improve our Services. This license includes the right to

    1. Process your information to provide the requested Services
    2. Store and transmit your content in connection with the Services
    3. Display your content in accordance with your privacy settings
    4. Use anonymized feedback to improve our Services

    MCAT may use or license aggregated and anonymized data (i.e., not containing personal identifiers) derived from your activity on the Sites for various purposes including research, analysis, performance benchmarking, product improvement, and technical support. By using our Services, you expressly consent to MCAT sharing your contact information and relevant profile data with carefully selected partners and service providers who offer products or services that align with your stated financial goals and preferences. You may opt out of such partner sharing at any time by contacting feedback@mycreditaction.com.

13. Automated Activity

    The Sites may employ robot exclusion protocols (e.g., robots.txt files, meta tags) to control how automated programs access certain areas. Information on the Sites may be proprietary or licensed from third parties, and some data is updated in real time.

    You agree not to use any robot, spider, scraper, or automated means to access the Sites unless specifically permitted in the robots.txt file or via written consent from MCAT. You also agree not to:

    • Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites
    • Use any automated system, including "robots," "spiders," "offline readers," etc., to access the Sites
    • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful

    MCAT reserves the right to take appropriate legal action against any unauthorized or harmful use of the Sites.By using our Services, you expressly consent to MCAT sharing your contact information and relevant profile data with carefully selected partners and service providers who offer products or services that align with your stated financial goals and preferences. You may opt out of such partner sharing at any time by contactingfeedback@mycreditaction.com.

14. Linking

    You may link only to the homepage of MCAT's public Site, provided you do not obscure or remove any portion of the homepage and you notify MCAT via feedback@mycreditaction.com. MCAT may request you remove such links at any time. If you wish to link to any subsection or page, please contact us at feedback@mycreditaction.com; permission is granted at our sole discretion and may be subject to conditions.

    In linking to our Site; you agree to:

    • Present the link in a manner that does not suggest MCAT endorses or is affiliated with your website, products, or services
    • Ensure your site does not contain content that is offensive, controversial, infringes on intellectual property rights, or is otherwise inappropriate
    • Remove the link promptly upon our request

15. Representations and Warranties

    You represent and warrant that:

    • You are legally capable of entering into binding contracts
    • You provide accurate, up-to-date personal information
    • You will comply with these General Terms and all relevant laws
    • Your use of the Sites and any transactions with MCAT do not violate third-party rights
    • Any content you submit to the Sites is accurate and does not infringe upon the rights of any third party

    The Services, Sites, and underlying technology may be subject to U.S. export control and economic sanctions. You agree not to export, re-export, or transfer these in violation of such laws or to any entity prohibited by the U.S. government. By using the Sites, you confirm you are not located in or under the control of any restricted country or on any U.S. government sanctions lists.

16. Disclaimer

    MCAT strives to ensure the accuracy of information presented via the Sites; however, we make no guarantee regarding completeness, accuracy, or reliability of such information, and disclaim responsibility for any resulting damages.

    Credit Improvement Disclaimer: The Services provided by MCAT are advisory in nature. MCAT does not guarantee specific credit score improvements, as credit reporting and scoring are controlled by third-party agencies. Your results may vary based on:

    • Your individual financial circumstances and credit history
    • The accuracy of information you provide to MCAT
    • Your adherence to MCAT's recommendations
    • Policies and practices of creditors and credit bureaus
    • Changes in credit scoring models used by credit bureaus
    • The timing and manner in which creditors report information to credit bureaus

17. Warranty, Liability & Indemnification

    16.1 No Warranties

    MCAT provides the Sites and Services on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, MCAT disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

    MCAT does not warrant that the Sites or Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that defects will be corrected. MCAT does not warrant or make any representations regarding the use or results of the use of the Sites or Services in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, whether oral or written, obtained by you from MCAT or through the Sites or Services shall create any warranty not expressly made herein.

    16.2 Limitation of Liability

    To the maximum extent permitted by applicable law, MCAT, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, costs of procurement of substitute goods or services, or other damages arising out of or related to your use or inability to use the Sites or Services, even if MCAT has been advised of the possibility of such damages.

    In no event shall MCAT's total liability to you for all claims arising out of or related to these General Terms or your use of the Sites or Services exceed the amount paid by you, if any, to MCAT during the twelve (12) months immediately preceding the event giving rise to such liability. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

    16.3 Indemnification

    You agree to indemnify, defend, and hold harmless MCAT, its affiliates, licensors, service providers, employees, agents, officers, directors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

    • Your violation of these General Terms
    • Your use of the Sites or Services
    • Your violation of any law or the rights of any third party
    • Any content you submit, post, transmit, or otherwise make available through the Sites or Services

    MCAT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with MCAT in asserting any available defenses.

18. Electronic Communications

    By using the Sites or Services, you consent to receive electronic communications from MCAT. These communications may include:

    1. Notices about your account
    2. Information concerning or related to the Sites or Services
    3. Updates to these Terms or other policies
    4. Marketing communications (if you have opted in)
    5. Responses to inquiries you submit

    You agree that any notices, agreements, disclosures, or other communications that MCAT sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of marketing communications, but you cannot opt out of communications related to your account or the Services you have purchased.

    17.1 Partner and Third-Party Communications

    By providing your contact information and using our Services, you understand that MCAT may share your information with trusted partners whose financial products or services may be relevant to your goals and preferences as indicated in your profile. You consent to receive communications from these partners, though you may opt out of partner communications at any time while continuing to receive necessary service-related communications from MCAT.

19. Governing Law and Jurisdiction

    These General Terms and any disputes arising out of or related to them or the Sites or Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

    Any legal action or proceeding relating to these General Terms or your access to or use of the Sites or Services shall be instituted in state or federal courts located in Florida. You and MCAT agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

20. Fair Credit Reporting Act Compliance

    MCAT is not a consumer reporting agency as defined by the Fair Credit Reporting Act ("FCRA"). The information provided through our Services is not a consumer report as defined by the FCRA. MCAT does not make any representation regarding your creditworthiness, and the information provided through our Services should not be used as a factor in determining your eligibility for credit, insurance, employment, or any other purpose for which a consumer report may be used under the FCRA.

    When MCAT assists you in obtaining your credit report information from credit bureaus, we do so with your authorization and solely for your personal use. MCAT does not provide credit repair services as defined under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq.

21. Information Security and Data Protection

    MCAT implements reasonable security measures to protect your personal information and data stored on our systems. However, no internet transmission or electronic storage method is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

    You acknowledge and agree that:

    • You provide personal information at your own risk
    • You are responsible for maintaining the confidentiality of your account credentials
    • You will notify MCAT immediately of any unauthorized access to your account
    • MCAT may use industry-standard encryption to protect sensitive information

    In the event of a data breach affecting your personal information, MCAT will notify you in accordance with applicable law.

22. Third-Party Services and Links

    The Sites may contain links to third-party websites, applications, or services that are not owned or controlled by MCAT. MCAT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

    You acknowledge and agree that MCAT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

23. Credit Building Recommendations

    As part of our Services, MCAT may recommend various credit-building strategies, which may include:

    1. Applying for new credit cards or loans
    2. Debt consolidation options
    3. Account management practices
    4. Refinancing existing obligations
    5. Home equity options

    You acknowledge and agree that:

    1. All recommendations are based on general credit principles and your specific credit profile
    2. MCAT does not guarantee approval for any financial product or service
    3. MCAT does not receive compensation for recommending specific financial products or services unless explicitly disclosed
    4. You are solely responsible for evaluating whether any recommendation is appropriate for your circumstances
    5. Each credit decision you make may have both positive and negative impacts on your credit profile
    6. The potential credit score impact estimates provided for individual recommended actions (e.g., "25-30 points") are not cumulative or additive. Implementing all recommendations will not necessarily result in a score increase equal to the sum of all individual estimates due to the complex, interconnected nature of credit scoring algorithms
    7. Use of our services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.

24. Termination

    MCAT reserves the right to terminate your access to the Sites or Services at any time, without notice, for any reason, including but not limited to a violation of these General Terms. You may terminate your account at any time by contacting customer support at feedback@mycreditaction.com.

    Upon termination.

    1. Your right to access and use the Services will immediately cease
    2. MCAT may delete or archive your account data in accordance with our data retention policies
    3. Any fees paid are non-refundable unless otherwise specified in these Terms or required by law
    4. Provisions of these Terms that by their nature should survive termination shall survive termination

25. Force Majeure

    MCAT shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

    • Acts of God, natural disasters, or extreme weather events
    • Epidemics or pandemics
    • Terrorist acts, war, riot, civil unrest, or government action
    • Internet service provider failures or delays
    • Labor disputes or strikes
    • Electrical, telecommunications, or other utility failures

26. Assignment

    You may not assign or transfer these General Terms, or any rights or obligations hereunder, without the prior written consent of MCAT. However, MCAT may assign these General Terms, or any rights or obligations hereunder, at any time without notice or consent.

27. Entire Agreement

    These General Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and MCAT concerning the Services. These General Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and MCAT regarding the Services.

28. Severability

    If any provision of these General Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

29. Waiver

    The failure of MCAT to enforce any right or provision of these General Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these General Terms will be effective only if in writing and signed by an authorized representative of MCAT.

30. Contact Information

    If you have any questions about these General Terms, please contact us at:

    Email: https://www.mycreditaction.com

    Email: feedback@mycreditaction.com