Earna Credit Health Terms and Conditions

Powered by Equifax

These Terms and Conditions ("Terms") govern the use of the Earna Credit Health (powered by Equifax) (the "Product") provided by Earna Inc. ("Earna", "we," "us," or "our"). By accessing or using the Product, you ("you" or "customer") acknowledge that you have read and understood these Terms and agree to be bound by them. If you don’t agree, please discontinue use of the Product.

Earna acts in collaboration with Equifax Canada Co. (“Equifax”), a registered Canadian credit bureau, in providing the Product to you. The Product, including the credit monitoring tool, access to credit scores, and related features, is offered by Equifax. We facilitate the provision of the Product to You.

Earna Credit Health

The Product is a credit monitoring tool that provides you with access to your Consumer Score, your Consumer Credit File and related information when logging into our Earna website located at www.earna.ca or its related mobile app (collectively the “Earna Website”). These Terms do not replace or supersede the applicable Terms and Conditions for our Earna Website, Privacy Policy, Cardholder Agreement and any other agreement or terms and conditions you have entered into with Earna, which are incorporated herein. A “Consumer Credit File” is a report derived from the credit information maintained by Equifax, consisting of subject identification information, file inquiries, public record information, credit history trade, and collections.

When Earna Credit Health is mentioned, the Consumer Score, the Risk Score, or your credit score, it refers to the Equifax Risk Score 2.0, which is an algorithm proprietary to Equifax that analyzes select information within your Consumer Credit File to provide a numeric score that represents the statistical risk of certain behaviours or events associated with credit information. The Risk Score is based on Equifax’s proprietary model and may not be the same score used by third parties to assess your creditworthiness. You acknowledge and consent that the provision of the score to you is intended for your own educational use. Third parties will take into consideration other information in addition to a credit score when evaluating your creditworthiness.

We make no representations or warranties regarding the Product accuracy, completeness, or suitability for any purpose. We are not responsible for the accuracy or completeness of any information contained in your credit report. Equifax is solely responsible for your Consumer Credit File and the content, functionality or features of the Product.

By accessing and using the Product through our Earna Website, you acknowledge and agree that the Product is provided in collaboration with Equifax as the sole provider of your Consumer Credit File, including your Consumer Score. Any inquiries, concerns, or issues related to your Consumer Score, or your Consumer Credit File should be directed to Equifax. You understand that any use of our Earna Website, including the Product, is subject to our Terms of Service, Privacy Policy, and any additional agreements or disclosures provided by us from time to time. We encourage you to review the terms and policies available on the Earna Website. The credit and personal information provided to you as part of the Product doesn’t constitute a “consumer disclosure” for the purposes of applicable consumer reporting legislation. By law, you’re entitled to receive a free copy of your consumer disclosure from each of the national credit reporting agencies (including Equifax) by contacting them directly. For more information visit https://www.consumer.equifax.ca/personal/products/credit-score-report/.

Any services provided to you as part of the Product (or accessible to you through it) are not a credit repair tool and we make no representation or promise that it will improve your credit record, credit history or credit rating or provide you with any assistance in that regard.

Access and Revocation

We grant you access to the Product for as long as you meet the eligibility criteria and comply with these Terms. Only individuals who meet the eligibility criteria as determined from time to time by Earna and Equifax and who are active members of Earna with their account in Good Standing (as defined in your Cardholder Agreement), can be granted access to the Product.

You can, at any time, withdraw your consent to accessing the Product. We provide a process on the Earna Website for users to revoke their consent and opt-out of the Product, updating records accordingly. You will cease having access to the Product unless you provide consent to re-access the Product at a later date, provided you meet the eligibility criteria.

You acknowledge that we will inform Equifax promptly if we believe you have breached any term or condition relating to the use of the Product.

By accessing the Product, you consent to receive emails at the email address provided for the purpose in taking advantage of the Product. If you opt-out of receiving emails from Earna, you may not receive the notifications related to the Product.

Eligibility, Availability, Default and Inactivity

Any active members of Earna whose account is deemed in Good Standing (as defined in your Cardholder Agreement), will have the option to opt-in to use the Product provided that they were successfully authenticated by us and they meet our eligibility criteria. Your Earna account must not have been suspended, limited, closed or deactivated.

The Product is only available if Equifax can match your personal information with your credit file that is available at Equifax. If Equifax can’t match you to its credit database or is otherwise unable to generate your credit score, you won’t be able to use all or part of the Product until such time as you have built sufficient credit history.

You must not be in breach of, or default under, any obligation or relationship with Earna or its affiliates. We may suspend or revoke access to the Product at our discretion if any such breach or default occurs, even if your account remains otherwise in Good Standing.

Access to the Product can be revoked by Earna or Equifax, who can revoke access to the Product at any time in their sole and unfettered discretion. The availability of the Product for each member is subject to Earna discretion and we reserve the right to suspend or terminate offering the Product or to cease offering the Product in any region or province at any time and for any reason. We reserve the right to suspend or remove users due to activity that we deem fraudulent or harmful. We also reserve the right, in our sole discretion, to revoke, limit or terminate your access to all or part of the Earna Website or our Product and/or to terminate your registration and access to the Product, for any reason (including but not limited to, if you breach these Terms, if your account is no longer in Good Standing, if your account is inactive, you fail to use the Product for a period that we determine or if you fail to meet the eligibility criteria) or no reason, with or without notice. If we terminate your registration or access, we have no obligation to notify you of the reason, if any, for such termination.

If you revoke or have your access revoked, you will need to re-submit consent to access to the Product, provided that you meet eligibility criteria. We reserve the right to refuse or exclude anyone from this Product at any time and for any reason.

Privacy and Data

To provide you with the Product and verify your identity, we will share certain identifying information with Equifax, such as first, last, and middle name, date of birth, and current and former addresses. We are committed to protecting your privacy and maintaining the security of your personal and credit information. Our Privacy Policy, available on the Earna Website, outlines how your information is collected, used, and protected. Equifax’s handling of Your information is governed by its own privacy policy available at https://www.equifax.ca/privacy/.

By using the Product, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

Other Products

We offer other products to eligible customers, including credit cards. These Terms apply in addition to any other agreement or other terms and condition that applies to the Earna Website, Earna credit cards, and for any other products that we may offer from time to time. These Terms don’t replace those other agreements or terms and conditions and continue to apply when you access the Product. Furthermore, these Terms apply in addition to any terms adopted independently by Equifax.

Intellectual Property

All content, materials, and information provided through the Product or Equifax are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use this information for any commercial purposes without our prior written consent.

Equifax® is a registered trademark of Equifax Canada Co. used here under license.

No Warranty and Limitation of Liability

The Product, the information it contains, including your Consumer Credit File and any other text, graphics, information, links or other items are provided “as is”, “as available”.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARNA DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE PRODUCT AND THE INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EARNA; (3) WARRANT THAT YOUR USE OF THE PRODUCT WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MAY OTHERWISE BE IMPLIED BY STATUE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

To the extent permitted by law, we are not liable for any direct or indirect damages, including but not limited to, loss of data, loss of profits, or any other loss arising from the use of the Product. You agree to indemnify and hold harmless Earna, its subsidiaries, affiliates, members, officers, employees, agents, and licensors from and against any and all losses, actions, proceedings, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal fees), resulting from your (or anyone acting under your password or username) use of the Product, connection thereto, or any alleged violation by you of these Terms.

General Provision

Except where prohibited, any and all disputes, claims and causes of action arising out of or connected to the Product offering shall be resolved individually, without resort to any sort of class action, and exclusively in the province of Ontario. Any and all claims, judgments and awards should be limited to the actual out-of-pocket costs incurred, but in no event, legal fees. Under no circumstances will you be permitted to obtain compensation for any such disputes, claims or causes of action arising out of or connected to the Product. You waive all rights to claim indirect, punitive, incidental, consequential damages or any other damages, other than those for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Terms, shall be governed by, and construed in accordance with the laws of the Province of Ontario.

Amendments and Termination

These Terms are effective until terminated by us. We reserve the right to amend these Terms at any time without prior notice. Any amendments will be effective upon posting on the Earna Website. You are responsible for reviewing the Terms periodically to stay informed of any changes. Your continued use of the Earna Website or the Product after the effective date of any change will constitute acceptance by you of such change. Access is not guaranteed or promised.

Severability

In the event any provision or part of the Terms is found to be invalid or unenforceable, only that particular provision or part found as such, and not the entirety of the Terms shall be considered inoperative.

Contact Information

If you have any questions or concerns about these Terms or the Product, please contact us at [email protected]