Terms of Service

1. The service

BGScreen is a software-as-a-service platform for background screening: applicant intake, vendor searches, reporting, and related workflow. Specific features depend on the plan and configuration in effect for the Customer.

We may update the service from time to time. We will not materially reduce core functionality during a paid subscription period without notice.

2. Accounts and access

The Customer designates one or more administrators, who manage user and API-client access within the account. The Customer is responsible for the actions of its users and API clients, and for maintaining the confidentiality of credentials. Users must be at least 18.

We may suspend access if a user or the Customer materially violates these terms, or if continued access poses an immediate security or legal risk. We will work to restore access as soon as the issue is resolved.

3. Customer data

The Customer retains all ownership of the applications, applicant information, orders, reports, and other content it submits or generates through the platform (“Customer Data”). Limelyte does not claim any ownership interest in Customer Data.

Limelyte processes Customer Data solely to provide and improve the service for the Customer, and as described in the Privacy Policy. We do not train models on Customer Data and do not disclose Customer Data to other customers.

Customer grants Limelyte a limited license to host, process, transmit, and display Customer Data as needed to provide the service, including transmitting identifiers to the data vendors required to fulfill an order the Customer places.

4. Acceptable use

The Customer agrees not to:

• Use the platform for any unlawful purpose, or to process information the Customer does not have the legal right to process.
• Obtain or attempt to obtain a consumer report without a permissible purpose under the Fair Credit Reporting Act and applicable state law.
• Attempt to access another customer’s data, reverse-engineer the platform, or probe its security boundaries without written authorization.
• Resell, rent, or sublicense the platform without a separate written agreement.
• Use the platform in a manner that overloads the service or interferes with other customers’ use.

5. FCRA and professional responsibility

BGScreen is software for background screening. It is not a substitute for the Customer’s own compliance program. The Customer is responsible for FCRA compliance in its use of the platform, including permissible purpose, certifications to vendors, adverse action, dispute handling, and any applicable state screening laws.

Limelyte does not furnish consumer reports to the general public. Nothing on bgscreen.io is an offer to do so. Decisions about hiring, tenancy, or credit are the Customer’s. Limelyte does not make those decisions and does not provide legal advice.

The Customer is responsible for the accuracy, completeness, and authorization of the information it submits, and for the use it makes of reports the platform returns.

6. Fees and billing

Fees, billing cadence, and included usage are stated in the Customer’s order or written agreement. Fees are exclusive of taxes; the Customer is responsible for any sales, use, or similar taxes.

Subscriptions auto-renew for successive terms equal to the initial term unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. Usage charges for searches are incurred when the vendor exchange is made, including searches that return no record.

7. Term and termination

These terms apply for as long as the Customer has access to the platform.

Either party may terminate for the other’s material breach if the breach is not cured within thirty (30) days of written notice. On termination, the Customer’s access to the platform ends, and the Customer is entitled to export Customer Data for a reasonable period thereafter as described in the Privacy Policy, subject to legal-retention requirements.

8. Warranties and disclaimers

Limelyte warrants that the platform will materially perform as described in its documentation. Except for that warranty, the platform is provided “as is” and “as available”. Data vendors are independent sources; Limelyte does not warrant that a search result is complete or free of error. To the maximum extent permitted by law, Limelyte disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of liability

Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, arising out of these terms or the use of the platform, even if advised of the possibility of such damages.

Each party’s total cumulative liability arising out of these terms is limited to the fees paid or payable by the Customer to Limelyte in the twelve (12) months preceding the event giving rise to the claim.

The limitations in this section do not apply to a party’s indemnification obligations, breach of confidentiality, or liability that cannot be limited under applicable law.

10. Indemnification

Each party will defend and indemnify the other against third-party claims arising from the indemnifying party’s gross negligence, willful misconduct, or material breach of these terms, subject to prompt notice, control of defense, and reasonable cooperation by the indemnified party.

The Customer will defend and indemnify Limelyte against third-party claims arising from the Customer’s use of consumer reports, including claims that the Customer lacked a permissible purpose or failed to follow adverse-action or dispute requirements.

11. Confidentiality

Each party will protect the other’s confidential information with at least the same care it uses for its own information of like importance, and not less than a reasonable standard of care. Confidential information may be used only to perform under these terms and disclosed only to personnel and advisors with a need to know who are bound by similar confidentiality obligations.

12. Governing law and disputes

These terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts of the State of Washington, and the parties consent to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

13. General

If any provision of these terms is held unenforceable, the remaining provisions will continue in effect. These terms, together with the Privacy Policy and any written order between the parties, are the entire agreement on this subject. We may update these terms; material updates will be announced to account administrators by email.

14. Contact

Limelyte Technology Group, Inc.
hello@limelyte.com