Terms of Service

CertAware is an authenticated business and training tool made available to members and employees of U.S. credit unions through their credit union. You must be authorized by your credit union and sign in with a valid account to use it. You must be at least 18 years old to use the Service. The Service is not intended for, and we do not knowingly permit use by, anyone under 18.

Your use of the Service is governed by these Terms. Separately, your credit union has entered into a Master Subscription Agreement and related order form(s) with CertAware AI, Inc. that govern your credit union’s commercial relationship with us, including fees, data handling commitments, and other business terms (the “Institutional Agreement”). These Terms do not modify the Institutional Agreement. If there is a direct conflict between these Terms and the Institutional Agreement regarding the commercial relationship between CertAware AI and your credit union, the Institutional Agreement controls as to that relationship; these Terms otherwise govern your individual use of the Service.

You sign in with your email and a password, which you set when your account is first activated. You can add multi-factor authentication for extra security — biometric verification on supported devices (such as Face ID or Touch ID), and credit-union administrators use an authenticator-app second factor. If you have not set a password yet, we can email you a one-time link so you can sign in and set one. You are responsible for keeping your email, password, and device secure and for activity that happens under your account. Let us or your credit union know promptly if you believe your account has been compromised.

You agree not to:

• Use the Service for anything other than legitimate training and certification.
• Share your account, sign-in code, or certificates in a misleading way.
• Attempt to falsify training results or obtain a certificate you did not earn.
• Interfere with, probe, or attempt to gain unauthorized access to the Service, its systems, or other users’ data.
• Copy, resell, or reverse-engineer the Service except as allowed by law.
• Upload unlawful, harmful, or infringing content.

The Service includes fraud-awareness exercises that may present simulated phishing (fake emails or messages) and vishing (fake calls or voice scenarios). These are training simulations designed to help you recognize real scams. They are not genuine attacks, are not attempts to defraud you, and do not reflect a real security incident. The scam checker likewise provides educational guidance only and is not a guarantee that a given message is safe or unsafe.

When you complete the required training and assessments, the Service may issue a certificate recording your achievement. Certificates reflect completion at a point in time and may expire or require renewal. We may revoke a certificate that was issued in error or obtained in violation of these Terms. A certificate reflects successful completion of training content as of a point in time; it does not guarantee that you, or your credit union, will be immune from fraud or a security incident, and should not be relied upon as a substitute for your credit union’s own policies, procedures, or judgment.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own training and certification while you are authorized by your credit union. All rights in the Service, including its content and software, remain with CertAware and its licensors.

The Service, including all training content, software, text, graphics, and other materials, is owned by CertAware AI, Inc. or its licensors and is protected by intellectual property laws. Except for the limited license above, no rights are granted to you.

If you believe content on the Service infringes your copyright, send a notice to our designated agent at legal@certaware.ai including: (a) your signature (physical or electronic); (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Service; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act on behalf of the copyright owner.

We may add, change, or discontinue any part of the Service at any time. We will use reasonable efforts to provide notice of material changes that affect your ability to complete required training, but we are not obligated to maintain any specific feature indefinitely.

Our Privacy Policy explains what data we collect and how we use it, including that biometric data stays on your device and that the scam checker sends submitted text to an AI provider for analysis. By using the Service you acknowledge that policy.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that its training content or scam-checker output is complete or accurate for every situation. The Service supports fraud awareness; it does not guarantee protection against fraud.

To the fullest extent permitted by law, CertAware and its affiliates, suppliers, and your credit union will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount, if any, you paid to us for it in the twelve months before the claim.

You agree to indemnify and hold CertAware AI, Inc. harmless from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms; (b) your misuse of the Service, including any attempt to falsify training results or obtain a certificate you did not earn; or (c) content you upload to the Service in violation of these Terms.

You may stop using the Service and delete your account at any time from within the app. We or your credit union may suspend or terminate your access if you violate these Terms, if your authorization by the credit union ends, or as needed to protect the Service and its users. Sections that by their nature should survive termination (such as license restrictions, disclaimers, and limitation of liability) will survive.

Agreement to Arbitrate.You and CertAware AI, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration, rather than in court, except as set forth below. This agreement to arbitrate is governed by the Federal Arbitration Act.

Arbitration Procedure.The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator and may be conducted remotely or based on written submissions, at the option of the party seeking relief, where the amount in dispute is [$10,000] or less.

Class Action Waiver.You and CertAware AI, Inc. agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

30-Day Opt-Out Right. You may opt out of this Dispute Resolution section by sending written notice to legal@certaware.ai within 30 days of first accepting these Terms, stating your name and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor CertAware AI, Inc. will be required to arbitrate Disputes with the other, and this section will otherwise have no effect on you.

Exceptions.Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or confidentiality obligations.

Severability of This Section. If the Class Action Waiver above is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) will be resolved in court rather than in arbitration; the remainder of this Dispute Resolution section will otherwise remain in effect.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, notify you in the app. Continued use after changes take effect means you accept the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute will be resolved in the courts located there, unless otherwise required by applicable law or the “Dispute Resolution” section above.

You may not use the Service if you are located in, or are a national of, any country subject to a U.S. government embargo, or if you are listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign export control laws in connection with your use of the Service.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Except as expressly stated regarding your credit union’s separate Institutional Agreement, these Terms do not create any rights for any third party.

Legal notices to CertAware AI, Inc. must be sent to legal@certaware.ai. We may provide notices to you via the email address associated with your account or within the app.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. These Terms, together with our Privacy Policy, constitute the entire agreement between you and CertAware AI, Inc. regarding the Service.

Questions about these Terms? Email us at legal@certaware.ai.