Terms & Conditions

1. Ownership of Site — Agreement to Terms of Use

IF YOU ARE A BORROWER (each, a "Borrower") of money subject to a loan, financing, or similar agreement with us (each, a "Financing Agreement"), these Terms of Use supplement your Financing Agreement with us, and you must comply with both the requirements of your Financing Agreement and these Terms of Use.

IF YOU ARE A PARTNER COMPANY (each, a "Partner Company") that has entered into an agreement with us under which you integrate Rail AI’s lending infrastructure into your platform and submit application data to Rail AI on behalf of your customers (each, a "Partner Agreement"), these Terms of Use supplement your Partner Agreement with us, and you must comply with both the requirements of your Partner Agreement and these Terms of Use.

Supplemental terms and conditions or documents that may be posted about our Services from time to time are hereby expressly incorporated herein by reference. Rail AI reserves the right at its sole discretion to change, modify, add, or remove portions of these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site or Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Rail AI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Services.

The information provided by our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

If you are subject to any industry-specific or other applicable statute, regulation, or judicial or administrative ruling that regulates your activities (collectively, "Applicable Law"), and Applicable Law would require you to take actions different from those required under these Terms of Use or the Services, you must notify us of such requirements of Applicable Law, and we will not be held liable for any actions you take in violation of such Applicable Law.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. By applying for a loan or other financial product through the Services, you affirmatively represent that you are at least 18 years old and have the legal capacity to enter into a binding contract.

2. Intellectual property

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Rail AI or third parties and all right, title, and interest therein shall remain the property of Rail AI and/or such third parties (collectively, the "Content"). The trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us. All Content and Marks are protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Services "AS IS" for your information and personal use only. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on this Site for the purpose of transacting business with Rail AI. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You agree that you will not (i) duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Rail AI; (ii) remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (iii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Rail AI.

Logos, trademarks, images, and other materials are the property of Rail AI unless otherwise noted and may not be copied, used, linked, disseminated, or otherwise exploited without Rail AI’s prior express written approval. Requests for approval should be directed to info@tryrail.com.

We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.

3. User representations and registration

By using the Services, you represent and warrant that: (1) all registration and application information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside and are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose, including any violation of Applicable Law; and (7) your use of the Services will not violate Applicable Law.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account, decline or rescind any loan application or offer, and refuse any and all current or future use of the Services (or any portion thereof). Submitting false or misleading information in connection with a loan application may also subject you to civil or criminal liability under federal and state law.

You may be required to register with the Services. You agree to keep your password and other account credentials confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Two-factor authentication (2FA) and critical communications

To help protect your account and ensure secure access to our Services, we require all users to complete Two-Factor Authentication (2FA) using a one-time passcode (OTP) sent via SMS or email. By using our Services, you agree to receive these OTP messages as a mandatory part of our authentication process.

Please note that OTP messages are considered essential for the operation and security of your account. Therefore, even if you opt out of receiving marketing or other non-essential communications from us, you will still receive OTP messages and other critical service-related communications via SMS or email as necessary, including communications regarding your loan application, loan account, payments, collections, and other required servicing notices.

5. Site security

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Rail AI customer, applicant, Partner Company, or user of this Site; (iii) probe, scan, or test the vulnerability of this Site or the Rail AI network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

6. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us (including use by Partner Companies pursuant to a Partner Agreement).

As a user of the Services, you agree not to:

• Systematic data retrieval — Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Deception and fraud — Trick, defraud, or mislead us, any Partner Company, or other users, especially in any attempt to learn sensitive account information such as user passwords, or to obtain credit or financing under false pretenses.
• False applications — Submit or cause to be submitted any loan application containing information that is false, inaccurate, incomplete, or misleading, or that misrepresents your identity, financial condition, business operations, or the identity or authority of any signatory.
• Circumventing security — Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparagement — Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Harassment — Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Misuse of support — Make improper use of our support services or submit false reports of abuse or misconduct.
• Unlawful use — Use the Services in a manner inconsistent with any applicable laws or regulations, including federal and state lending, consumer protection, fair lending, anti-money laundering, and sanctions laws.
• Unauthorized advertising — Use the Services to advertise or offer to sell goods and services without authorization.
• Unauthorized framing — Engage in unauthorized framing of or linking to the Services.
• Malicious uploads — Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Automated use — Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Removing notices — Delete the copyright or other proprietary rights notice from any Content.
• Impersonation — Attempt to impersonate another user or person or use the username of another user.
• Account transfer — Sell or otherwise transfer your profile or account.
• Passive collection — Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Service disruption — Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Threatening staff — Harass, annoy, intimidate, or threaten any of our employees, officers, or agents engaged in providing any portion of the Services to you.
• Bypassing access controls — Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copying code — Copy or adapt the Services’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Reverse engineering — Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Scraping — Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Unauthorized accounts — Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• AI/ML training — Use the Services, or any Content or data obtained through the Services, to develop, train, or improve any machine learning model or artificial intelligence system, except with our express prior written consent.
• Competitive use — Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise without authorization.

7. User generated contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, financial statements, tax returns, bank statements, business records, or personal information or other material (collectively, "Contributions"). Contributions may be reviewed by our personnel and service providers in connection with underwriting, servicing, and other business purposes. Contributions you transmit may be treated in accordance with the Rail AI Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

• No infringement — The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• Ownership and rights — You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms of Use.
• Likeness consent — You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms of Use.
• Accuracy — Your Contributions are not false, inaccurate, or misleading, and, if submitted in connection with a loan application or loan account, are accurate and complete in all material respects.
• No spam — Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• No objectionable content — Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• No mockery — Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• No threats — Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Compliance with law — Your Contributions do not violate any applicable law, regulation, or rule, including laws governing lending, consumer financial protection, fair lending, privacy, data security, and anti-money laundering.
• Privacy and publicity — Your Contributions do not violate the privacy or publicity rights of any third party.
• Minors — Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• Child safety — Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• No discrimination — Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• No other violations — Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services, denial or rescission of any loan application or offer, and referral to law enforcement or regulatory authorities.

8. Contribution license

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10. Third-party websites and content

This Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

This includes Partner Company websites and platforms through which you may access or interact with Rail AI. Partner Companies are independent third parties and are not owned, operated, or controlled by Rail AI. The privacy and security practices of Partner Companies are governed by their own policies, and we are not responsible for their acts or omissions.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Services or relating to any applications you use or install from the Services.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Please note that other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.

11. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement or regulatory authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. Privacy

Rail AI’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By using the Services, you agree to be bound by our Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or submit through the Site may be read or intercepted by others, notwithstanding Rail AI’s efforts to protect such transmissions.

If you are a consumer who has obtained a loan or financial product from Rail AI, we will also provide you with a separate notice of our privacy practices under the Gramm-Leach-Bliley Act (GLBA), which describes our information practices with respect to your nonpublic personal information.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

13. Availability of Services

You will need a working connection to the Internet via a web browser on your computer or mobile device. You are responsible for all costs, expenses, and fees related to your access to the Services. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons the Site may not be available for your use. We will make every effort to minimize the periods of time during which the Site is unavailable.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider ("ISP"), or capacity or other limitations or constraints of the Internet.

The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict the Site during times you are in a country for which use of the Site would be prohibited. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

You can contact us at info@tryrail.com regarding technical issues with this Site.

14. Method of communication

You agree to maintain or update the e-mail address that you provide to us if you would like us to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.

15. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms and applications constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, LOAN APPLICATIONS, LOAN DOCUMENTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, DISCLOSURES REQUIRED UNDER FEDERAL OR STATE LAW (INCLUDING THE TRUTH IN LENDING ACT, EQUAL CREDIT OPPORTUNITY ACT, AND FAIR CREDIT REPORTING ACT), AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means, to the fullest extent permitted by law.

Your consent to use electronic signatures and receive electronic communications applies to all agreements and communications between you and Rail AI, including loan applications, loan agreements, and required disclosures. You may withdraw your consent to receive electronic communications at any time by contacting us, but doing so may result in termination of your access to the Services. A separate E-SIGN Act consent disclosure may be provided to you in connection with your loan application or loan documents.

16. Text/SMS messaging program terms and conditions

When you provide us your phone number, submit an application on our Site, or accept our Terms of Application, you acknowledge and agree that you are opting in to Rail AI’s text/SMS messaging program, to receive informational, transactional, and marketing text/SMS messages from Rail AI or Rail AI’s third-party service providers (collectively for purposes of these Terms and Conditions, "Rail AI") and any text/SMS messages between you and Rail AI shall be subject to the terms and conditions set forth below. You may also opt-in to our text/SMS messaging program by providing us your phone number and consenting to receiving informational, transactional, and marketing text/SMS messages.

Message & data rates may apply. Message frequency may vary. Reply HELP for more information. Reply STOP to opt out of further messaging.

By opting in:

• Recurring messages — You agree that Rail AI may send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number from which you opt-in to Rail AI’s text/SMS messaging program).
• Subscriber confirmation — You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that phone number on a family or business plan and that you are authorized to opt in. You must immediately notify Rail AI at info@tryrail.com if your phone number is changed or deactivated, and you agree to indemnify Rail AI and any third parties texting on our behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change or deactivate your phone number.
• Frequency and rates — You understand that the frequency of our text/SMS messages and maximum number of messages per month may vary. Our communications may include information about any current or future applications, loan accounts, products, or services that you have with or through Rail AI, including application status updates, identity verification, funding notifications, payment reminders, servicing notices, collections-related communications, and information about other Rail AI products or services that we think may be of interest to you. Message and data rates may apply for each text/SMS message sent or received in connection with our program. Please consult with your phone carrier to determine your phone’s pricing plan and the charges your carrier may charge for sending and/or receiving text/SMS messages.
• Opting out — You may opt out of marketing text/SMS messages at any time. To opt out, reply "STOP" to any Rail AI marketing text/SMS message you receive, and you will receive a text message confirming that you have been unsubscribed. You may also opt-out by contacting us at info@tryrail.com with "Opt-Out" in the subject line. For help, reply "HELP" to any Rail AI text/SMS message you receive. You may also contact Rail AI at info@tryrail.com for assistance or if you have any questions about our text/SMS messaging program. Please note: Even if you opt out of marketing messages, you will continue to receive transactional and servicing messages that are essential to your loan application or loan account, such as OTP codes, application status updates, payment reminders, and required regulatory notices, because these communications are necessary for the operation and servicing of your account.
• Data collected — Data obtained from you in connection with Rail AI’s text/SMS messaging program may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and any other information you provide to Rail AI as part of the program. We may use such data to provide you our products or services that you request or to market to you products or services that we think may be of interest to you or otherwise communicate with you. No mobile information will be shared with third parties or affiliates for their marketing or promotional purposes, except where there is a legal requirement to do so or with your consent. For more information about our data collection and use or privacy practices, please review Rail AI’s Privacy Policy at www.tryrail.com.
• Suspension and termination — Rail AI may suspend or terminate your participation in our text/SMS messaging program if we believe you are in breach of these terms and conditions at any time with or without prior notice to you. Your participation in our program is also subject to termination in the event that your carrier service terminates or lapses. Rail AI reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text/SMS messaging program, with or without notice, provided that we will continue to send transactional and servicing messages as required in connection with your loan application or loan account.
• Participating carriers — Our text/SMS messaging program may not be available on all phone carriers. Participating carriers of our text/SMS messaging program include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Google Voice, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile. Rail AI reserves the right to add or remove any phone carrier from our program at any time with or without notice. Rail AI and our participating carriers do not guarantee continuous, uninterrupted, or secure text/SMS message services and will not be liable for any delayed or undelivered text/SMS messages.
• Changes to terms — Rail AI reserves the right to change or amend these Text/SMS Messaging Program Terms and Conditions at any time and your continued consent to receive text/SMS messages from Rail AI constitutes your agreement to all such changes. You should review these Terms and Conditions regularly to ensure that you are aware of future changes.

17. Liability for unauthorized activity

If you believe that your information submitted through the Site has been used without your permission, or that someone has accessed your account or used your identity to apply for a loan without your authorization, you must tell us immediately by contacting us at info@tryrail.com. If you fail to notify us promptly, you may be liable for all unauthorized activity to the extent permitted by law.

18. Disclaimers

RAIL AI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NOTHING ON THE SITE CONSTITUTES A COMMITMENT, OFFER, OR GUARANTEE TO EXTEND CREDIT OR PROVIDE FINANCING; ALL LOAN APPLICATIONS ARE SUBJECT TO UNDERWRITING, CREDIT APPROVAL, AND EXECUTION OF A FINANCING AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RAIL AI CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY (INCLUDING ANY PARTNER COMPANY) THROUGH THE SERVICES, ANY HYPERLINKED WEBSITES, OR ANY WEBSITES OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

RAIL AI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES (INCLUDING PARTNER COMPANIES) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RAIL AI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. Limitation of liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER RAIL AI, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF RAIL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, RAIL AI’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

20. Indemnification

By using the Site, you agree to defend, indemnify, and hold harmless Rail AI, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, contractors, successors, assigns, and employees, from and against any and all losses, claims, damages, costs, and expenses (including reasonable legal and accounting fees) that Rail AI may become obligated to pay arising or resulting from: (1) your use of this Site, the Services, or the Content; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use, including any false or misleading information submitted in connection with a loan application; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Rail AI reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, and to comply with our obligations as a lender under applicable law (including recordkeeping obligations under the Equal Credit Opportunity Act, Truth in Lending Act, Fair Credit Reporting Act, and Bank Secrecy Act). Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. Term and termination

THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITHOUT PRIOR NOTICE TO YOU. In the event we terminate access to the Site, any applications you have submitted will continue to be evaluated in accordance with our underwriting procedures and applicable law, and any outstanding Financing Agreement between you and Rail AI will remain in full force and effect in accordance with its terms. You may terminate your use of the Site and these Terms of Use by ceasing to access the Site; however, termination of your use of the Site does not terminate any obligation you may have under a Financing Agreement with us.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

23. Corrections and modifications

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change, modify, or remove the contents of the Services or update the information on the Services at any time or for any reason at our sole discretion without prior notice. However, we have no obligation to update any information on our Services.

24. Law and venue

These Terms of Use and the relationship between you and Rail AI shall be governed by and construed in accordance with the laws of the United States and the State of Illinois without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred. Nothing in this section limits or affects any rights you may have under applicable federal consumer financial protection laws, or the governing law and venue provisions set forth in any Financing Agreement between you and Rail AI.

25. Notice to borrowers — federal and state lending laws

Rail AI is a direct lender and is subject to applicable federal and state laws and regulations governing lending activities, including the Equal Credit Opportunity Act (ECOA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), and applicable Bank Secrecy Act and anti-money laundering (BSA/AML) regulations, as well as applicable state lending, licensing, usury, and consumer protection laws. In addition to these Terms of Use, your loan application, loan offer, and any loan you receive from Rail AI will be governed by the disclosures, notices, and Financing Agreement provided to you in connection with your loan, which control in the event of any conflict with these Terms of Use with respect to the terms of your loan.

Nothing in these Terms of Use is intended to waive, limit, or modify any right you may have under applicable federal or state lending or consumer financial protection laws.

26. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and Rail AI regarding the matters set forth herein and supersede any and all other written or oral agreements or understandings previously existing between you and Rail AI with respect to such use. In the event of any conflict between these Terms of Use and a Financing Agreement or Partner Agreement, the Financing Agreement or Partner Agreement, as applicable, shall control with respect to the subject matter thereof.

Any failure by Rail AI to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.

The headings in these Terms of Use are intended only to help with the organization of these Terms of Use. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, including in connection with the sale, assignment, or securitization of any loan originated by Rail AI. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Rail AI will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected. This Site and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

28. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: