ACCOUNT ACCESS SERVICE TERMS

The account access services ("Account Access Services"), are optional. Account Access Services are used to (i) confirm and verify your bank account and any linked credit card account(s) (collectively, "Financial Accounts"),(ii) verify the accuracy of certain information provided by you in your online application ("Account Verification Service"), and (iii) review information from your Financial Accounts under certain circumstances as described below ("Account Review Service"). References to “we”, “us”, “our” include Upstart Network, Inc., and the Service Provider identified below.

Your use of the Account Access Services requires you to provide your online Financial Account credentials, give us access to your account information, and agree to be subject to these Account Access Service Terms and the Terms of Use (together referred to as the “Terms"). Please read them carefully. If you do not understand these Terms, or do not accept any part of them, then you should not use the Account Access Services.

By providing your Financial Account credentials, you are authorizing us to access your Financial Accounts and retrieve your information that is maintained online by the bank where you have an account, including its transaction history ("Account Information"), for the purposes set out in these terms. The Account Access Services are enabled by a third party service provider called Plaid Technologies, Inc. and its partners, including Intuit Inc. ("Service Provider").

By authorizing the Account Access Services, you also agree to Service Provider’s privacy policy ("Service Providers Privacy Policy") which states that your Account Information may be accessed by the Service Provider on a continuous basis and retained by the Service Provider indefinitely even after your loan is terminated. In addition to providing your Account Information to us and First National Bank of Omaha, as described in these terms, the Service Provider may also disclose Account Information it collects to third parties in a manner that does not reveal personally identifiable information, as described in the Service Provider Privacy Policy. If you would like to opt out of these services, email us at privacy@upstart.com. Upstart will forward your information to the Service Provider to assist with such opt out request and Upstart makes no representations or warranties related to such requests.

Account Credentials
By submitting passwords, usernames, PINs, other log-in information, materials and other content to us through the Account Access Services ("Account Credentials"), you are providing us a limited, personal, royalty-free license to your Account Credentials solely for the purpose of providing the Account Access Services as described below. We may use and, if necessary, store your Account Credentials but only to provide the Account Access Services to you. Further, by submitting your Account Credentials to us, you represent that you are authorized to submit these to us for this purpose.

Account Access Services
The Account Access Services are provided to you for the following purposes:

  • Verification Service
    The Verification Service allows us to verify your Financial Accounts, and review your Account Information to confirm your identity, income, and debt obligations. This information will be used to verify the accuracy of statements made in your online loan application and will be shared with First National Bank of Omaha.

  • Review Service
    The Account Review Service permits a review of your Account Information in the event that any monthly payment is past due, and (1) an automatic debit of your bank account failed or (2) you were more than 30 days late on any payment. This additional information enables us to provide better customer support, and to improve our products and services and will be shared with First National Bank of Omaha.

By using the Account Access Services, you expressly authorize us to access your Account Information on your behalf as your agent. We will submit your Account Credentials to log you into your bank’s website. You are providing a license to the Account Credentials to us for the purpose of providing the Account Access Services. In connection with the Account Access Services, we may use and store the information we retrieve in accordance with this Agreement and the Service Provider’s privacy policy. For purposes of providing the Account Access Services and solely to retrieve the Account Information as part of this Account Access Service, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access your bank’s website, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with verifying your Account Information, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ACCOUNT INFORMATION IS ACCESSED AND RETRIEVED FROM YOUR BANK, WE AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF YOUR BANK. You understand and agree that the Account Access Services are not endorsed nor sponsored by your bank. You agree that Plaid Inc. and First National Bank of Omaha are intended third party beneficiaries under this Agreement with respect to the Account Access Services.

NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO THE CONTENT, OPERATION OF THE SITE OR OF THE SERVICES, OR THAT THE SECURITY OF THE SYSTEMS CONTAINING YOUR ACCOUNT CREDENTIALS WILL NOT BE BREACHED. NEITHER WE NOR FIRST NATIONAL BANK OF OMAHA WILL BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE SERVICE PROVIDER IN CONNECTION WITH ITS PROVISION OF THE ACCOUNT ACCESS SERVICES. NO WARRANTY IS MADE THAT THE SERVICES AND THE ACCOUNT INFORMATION RETRIEVED AS PART OF THIS SERVICE, WILL BE ABLE TO VERIFY YOUR FINANCIAL ACCOUNT, THAT IT WILL BE TIMELY, SECURE OR ERROR-FREE, NOR THAT IT WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS EXCLUDE ALL WARRANTIES.

Last Update: June 14, 2019