ScreenMate Platform Terms of Service

Last Updated: February 12, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SCREENMATE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL INCORPORATED POLICIES AND AGREEMENTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

These Terms of Service (these "Terms") constitute a legally binding agreement between you and D. McNabb, Inc., a Delaware corporation doing business as ScreenMate ("ScreenMate," "we," "us," or "our"), governing your access to and use of the ScreenMate background check management platform, including our website at screenmateco.com, associated subdomains, mobile applications, and all related services (collectively, the "Platform").

1. Definitions

"Candidate" means any individual who is the subject of a background check request initiated through the Platform, including job applicants, prospective tenants, and other individuals for whom a consumer report is requested.

"Company" or "Employer" means any business, organization, or individual that uses the Platform to request background checks on Candidates, including employers, landlords, and other entities with a permissible purpose under FCRA.

"Consumer Report" has the meaning set forth in the Fair Credit Reporting Act (15 U.S.C. § 1681a(d)), and includes any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

"FCRA" means the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and all regulations promulgated thereunder, as amended from time to time.

"Investigator" means a licensed private investigator or consumer reporting agency that provides background investigation services through the Platform, conducts research, and generates Consumer Reports for Companies.

"PII" or "Personally Identifiable Information" means information that can be used to identify, contact, or locate an individual, including but not limited to Social Security Numbers, dates of birth, government-issued identification numbers, residential addresses, driver's license numbers, financial information, and criminal history records.

"Report" means any background check report, consumer report, or other investigative findings generated by an Investigator and made available through the Platform.

"User" means any individual or entity that accesses or uses the Platform, including Companies, Investigators, and their authorized representatives.

"Confidential Information" means any and all non-public information, in whatever form or medium, whether written, oral, electronic, visual, or otherwise, that is disclosed by or on behalf of one Party (the "Disclosing Party") to the other Party (the "Receiving Party"), including but not limited to:

  1. Candidate PII, including Social Security Numbers, dates of birth, government-issued identification numbers, residential addresses (current and historical), driver's license information, employment history, educational records, and character references;
  2. Background investigation data, including criminal history records, motor vehicle records, credit information (where authorized), civil litigation records, sex offender registry results, and investigator findings and reports;
  3. FCRA consent records, including electronic signatures, consent timestamps, IP addresses, and authorization documentation;
  4. Business information, including client lists, investigator networks, pricing structures, fee arrangements, operational procedures, and quality control measures;
  5. Technical information, including platform architecture, security implementations, source code, algorithms, API specifications, and system documentation; and
  6. Any other information that is marked as "Confidential," "Proprietary," or similar designation, or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

"Highly Sensitive PII" means Confidential Information that includes Social Security Numbers, dates of birth, government-issued identification numbers, financial account information, criminal records, and any other information that, if disclosed, could reasonably be expected to result in identity theft, financial harm, or significant reputational damage to the individual to whom it pertains.

2. Platform Description and Role

2.1 Platform as Neutral Technology Provider

ScreenMate operates solely as a neutral Software-as-a-Service (SaaS) platform that connects Companies with Investigators to facilitate background screening services. THE PLATFORM IS A TECHNOLOGY SERVICE PROVIDER ONLY. ScreenMate:

  1. Does NOT conduct background checks or investigations;
  2. Does NOT assemble, evaluate, or compile consumer information for the purpose of furnishing Consumer Reports;
  3. Does NOT function as a Consumer Reporting Agency ("CRA") under FCRA;
  4. Does NOT make employment, tenant screening, or other determinations based on background check results;
  5. Does NOT verify the accuracy, completeness, or reliability of information contained in Reports; and
  6. Does NOT provide legal, employment, or investigative advice.

2.2 Role of Investigators

Investigators using the Platform are independent contractors and Consumer Reporting Agencies under FCRA. Investigators, not ScreenMate, are responsible for:

  1. Conducting background investigations using permissible methods and sources;
  2. Ensuring the maximum possible accuracy of Consumer Reports under FCRA § 1681e(b);
  3. Providing Consumer Reports only to persons with a permissible purpose;
  4. Handling consumer disputes and reinvestigations under FCRA § 1681i;
  5. Maintaining all required CRA disclosures and compliance documentation; and
  6. Complying with all applicable federal, state, and local laws governing background checks.

2.3 Role of Companies

Companies using the Platform are End Users of Consumer Reports under FCRA. Companies, not ScreenMate, are responsible for:

  1. Having a permissible purpose under FCRA § 1681b for each background check requested;
  2. Obtaining proper written authorization and consent from Candidates before requesting a Consumer Report;
  3. Providing a clear and conspicuous standalone disclosure to Candidates as required by FCRA § 1681b(b)(2)(A);
  4. Following pre-adverse action procedures under FCRA § 1681b(b)(3)(A) before taking any adverse action;
  5. Providing final adverse action notices under FCRA § 1681m when taking adverse action; and
  6. Complying with all applicable employment laws, including ban-the-box laws, EEOC guidance, and state-specific requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate, current, and complete registration information. You represent and warrant that all information provided during registration is truthful and accurate. ScreenMate reserves the right to verify registration information and reject any application at its sole discretion.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication methods. You agree to:

  1. Create a strong, unique password and not share it with any third party;
  2. Enable multi-factor authentication when available and recommended by the Platform;
  3. Immediately notify ScreenMate of any unauthorized access to or use of your account; and
  4. Accept responsibility for all activities that occur under your account.

3.3 Investigator Verification

Investigators must provide proof of valid licensure as a private investigator or consumer reporting agency in their state(s) of operation. ScreenMate may, in its discretion, conduct background checks on Investigators, verify license status, and require periodic re-verification. Investigators must notify ScreenMate immediately of any change in license status, including suspension, revocation, or expiration.

4. User Responsibilities and Acceptable Use

4.1 General Responsibilities

All Users agree to:

  1. Use the Platform only for lawful purposes and in accordance with these Terms;
  2. Comply with all applicable federal, state, and local laws, including FCRA, state mini-FCRA laws, privacy laws, and employment laws;
  3. Maintain the confidentiality and security of all PII accessed through the Platform;
  4. Not access, use, or disclose PII for any purpose other than the specific, authorized background check purpose; and
  5. Immediately report any suspected unauthorized access, data breach, or misuse of the Platform.

4.2 Company-Specific Obligations

Companies additionally agree to:

  1. Certify that each background check request is for a permissible purpose under FCRA;
  2. Obtain and maintain valid written consent from each Candidate before initiating a background check;
  3. Provide Candidates with all required FCRA disclosures in a standalone document separate from any other materials;
  4. Follow all adverse action procedures required by FCRA, including providing pre-adverse action notices, copies of Reports, and summaries of rights before taking any adverse action;
  5. Not use Reports for any discriminatory or unlawful purpose; and
  6. Maintain records of consent and adverse action compliance for the period required by law.
  7. Certify that any Candidate email address submitted to the Platform belongs to the Candidate, that the Company has informed the Candidate they will receive electronic communications regarding the background check, and that the Company is authorized to provide such email address to ScreenMate for this purpose.

4.3 Investigator-Specific Obligations

Investigators additionally agree to:

  1. Maintain all required licenses and certifications in good standing;
  2. Conduct all investigations using lawful and permissible methods;
  3. Follow reasonable procedures to ensure the maximum possible accuracy of all information in Consumer Reports;
  4. Comply with all FCRA requirements applicable to Consumer Reporting Agencies, including reinvestigation of disputed information within thirty (30) days;
  5. Upload Reports promptly upon completion, and in no event later than seven (7) days after beginning an investigation unless otherwise agreed;
  6. Not access, copy, or retain Candidate PII beyond what is necessary to complete the assigned investigation; and
  7. Comply with the Stripe Connect Terms of Service and all payment processing requirements.

4.4 Prohibited Uses

Users are strictly prohibited from:

  1. Accessing or using the Platform without proper authorization;
  2. Requesting background checks without a permissible purpose under FCRA;
  3. Accessing PII of Candidates for whom you do not have a legitimate business need;
  4. Using PII for stalking, harassment, discrimination, or any unlawful purpose;
  5. Sharing, selling, or disclosing PII or Reports to unauthorized third parties;
  6. Circumventing, disabling, or otherwise interfering with Platform security features;
  7. Using automated scripts, bots, or other means to access the Platform without authorization;
  8. Uploading malicious content, malware, or viruses to the Platform;
  9. Attempting to gain unauthorized access to other Users' accounts or data;
  10. Creating fraudulent background check requests or Reports; or
  11. Engaging in any activity that violates FCRA, state privacy laws, or other applicable regulations.

5. Candidate Data and Privacy

5.1 Candidate Authorization and Consent

Companies are solely responsible for obtaining valid written authorization and consent from Candidates prior to requesting background checks through the Platform. By initiating a background check request, Company represents and warrants that it has:

  1. Provided the Candidate with a clear and conspicuous written disclosure, in a document that consists solely of the disclosure, that a Consumer Report may be obtained for employment purposes;
  2. Obtained the Candidate's written authorization to procure the Consumer Report;
  3. Provided any additional disclosures required by applicable state law; and
  4. Retained documentation of consent in accordance with applicable retention requirements.

5.2 Platform Consent Collection

When Candidates submit personal information through the Platform's intake forms, the Platform collects consent on behalf of the Company. This includes recording the electronic signature, consent timestamp, and IP address. Companies acknowledge that the Platform's consent collection supplements, but does not replace, Company's independent obligation to provide standalone FCRA disclosures and obtain valid authorization.

5.3 Candidate Data Access

Candidates do not have direct login access to the Platform. Candidates interact with the Platform only via secure, time-limited intake links sent by email. These intake links expire seven (7) days after generation and may only be used once. Candidates should direct any questions about their background check results, requests for copies of Reports, or disputes regarding accuracy to the Company that requested the background check or directly to the Investigator who conducted the investigation.

5.4 Minor Candidates

For Candidates under the age of eighteen (18), the Platform requires parental or guardian consent. The parent or guardian must provide their information and electronic signature in addition to the Candidate's information. Companies are responsible for ensuring compliance with all applicable laws regarding background checks on minors.

6. Data Ownership, Retention, and Deletion

6.1 Data Ownership

As between ScreenMate and Users:

  1. Client Data: Companies own all Candidate PII and Company-specific information submitted through the Platform. Investigators own the content of Reports they generate.
  2. Platform IP: ScreenMate retains all intellectual property rights in and to the Platform, including all software, algorithms, user interfaces, designs, trademarks, and proprietary methodologies.
  3. Aggregated Data: ScreenMate may use anonymized, de-identified, and aggregated data for analytics, service improvement, and research purposes, provided such data cannot reasonably be used to identify any individual.

6.2 Data Retention

The Platform retains data in accordance with the following schedule:

  1. Completed Background Checks: PII and Reports associated with completed background checks are retained for seven (7) years from the date of completion, consistent with FCRA best practices and tax audit requirements, after which PII is automatically deleted or anonymized.
  2. Stagnant Requests: If a Candidate submits intake information but the assigned Investigator does not commence the investigation within seven (7) days, Candidate PII is automatically purged from the Platform.
  3. Abandoned Investigations: If an Investigator does not complete a background check within seven (7) days of starting, the PII is automatically purged.
  4. Intake Links: Intake links expire seven (7) days after creation and cannot be reused.
  5. Demographic Data: Certain demographic data (sex, race) is purged immediately upon Report upload to minimize data exposure.

6.3 Data Security

ScreenMate employs industry-standard security measures to protect data stored on the Platform, including:

  1. Encryption of all PII at rest using AES-256 encryption;
  2. Encryption of all data in transit using TLS 1.2 or higher;
  3. Role-based access controls ensuring Users can only access data for which they have authorization;
  4. Audit logging of access to sensitive information; and
  5. Regular security assessments and updates.

7. Confidentiality

7.1 Confidentiality Obligations. All Users agree to maintain the confidentiality of all Confidential Information and to use such information only for purposes authorized by these Terms. Users shall not disclose Confidential Information to any third party except as required by law or with the prior written consent of the disclosing party.

7.2 Survival. Confidentiality obligations shall survive termination of the User's account and these Terms for a period of three (3) years, and indefinitely with respect to Highly Sensitive PII and trade secrets.

8. Audit and Monitoring

8.1 Platform Monitoring. ScreenMate monitors Platform usage and maintains audit logs to ensure compliance with these Terms, detect unauthorized access, and support security investigations. Users acknowledge and consent to such monitoring.

8.2 Audit Logs. The Platform maintains audit logs of:

  1. User login and logout events;
  2. Background check requests and status changes;
  3. Access to Candidate PII, including timestamp, User ID, and IP address;
  4. Report uploads and downloads; and
  5. Administrative actions.

8.3 Cooperation. Users agree to cooperate with ScreenMate's reasonable requests for information in connection with audits, security investigations, or legal inquiries. This includes providing documentation of FCRA compliance upon request.

9. Compliance Obligations

9.1 FCRA Compliance

Users acknowledge that background screening activities are heavily regulated under FCRA. Users are solely responsible for their own FCRA compliance. Without limiting the foregoing:

  1. Companies are responsible for FCRA compliance as "users" of Consumer Reports, including permissible purpose certification, disclosure requirements, and adverse action obligations.
  2. Investigators are responsible for FCRA compliance as Consumer Reporting Agencies, including accuracy requirements, dispute procedures, and all CRA obligations under FCRA.

9.2 State and Local Laws

Users are solely responsible for compliance with all applicable state and local laws, including but not limited to state mini-FCRA laws (such as California ICRAA), ban-the-box laws, credit check restrictions (such as New York Labor Law § 296(16)), salary history inquiry bans, and state-specific adverse action requirements. ScreenMate does not monitor or enforce compliance with state-specific requirements.

9.3 No Platform Liability for User Compliance

ScreenMate does not guarantee, warrant, or represent that use of the Platform will result in compliance with FCRA or any other law. Users are encouraged to consult with legal counsel regarding their compliance obligations. ScreenMate disclaims all liability arising from User's failure to comply with applicable laws.

10. Disclaimers

10.1 "AS IS" Basis. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCREENMATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Warranty of Accuracy. SCREENMATE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING REPORTS GENERATED BY INVESTIGATORS. SCREENMATE DOES NOT CONDUCT BACKGROUND CHECKS AND MAKES NO REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF INVESTIGATOR WORK.

10.3 No Legal Advice. NOTHING ON THE PLATFORM CONSTITUTES LEGAL, EMPLOYMENT, OR COMPLIANCE ADVICE. USERS SHOULD CONSULT WITH QUALIFIED LEGAL COUNSEL REGARDING THEIR SPECIFIC COMPLIANCE OBLIGATIONS.

10.4 Third-Party Services. THE PLATFORM MAY INTEGRATE WITH OR RELY UPON THIRD-PARTY SERVICES. SCREENMATE IS NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, OR ACTS OR OMISSIONS OF SUCH THIRD-PARTY SERVICES.

11. Limitation of Liability

11.1 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCREENMATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SCREENMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCREENMATE'S TOTAL CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY SUCH USER TO SCREENMATE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) THREE THOUSAND DOLLARS ($3,000.00).

11.3 Exceptions. The limitations in this Section 11 shall not apply to: (a) a party's indemnification obligations; (b) a party's breach of confidentiality obligations; (c) a party's willful misconduct or gross negligence; or (d) liability that cannot be limited or excluded under applicable law.

11.4 Basis of the Bargain. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCREENMATE AND USERS. SCREENMATE WOULD NOT PROVIDE THE PLATFORM WITHOUT SUCH LIMITATIONS.

12. Indemnification

12.1 User Indemnification. Users agree to indemnify, defend, and hold harmless ScreenMate, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  1. User's violation of these Terms;
  2. User's violation of FCRA, state mini-FCRA laws, or other applicable laws;
  3. User's failure to obtain proper consent or provide required disclosures to Candidates;
  4. User's misuse of PII or Reports;
  5. Any adverse action taken based on background check results without following required procedures;
  6. Any discrimination claims arising from User's hiring or screening decisions;
  7. Inaccurate or incomplete Reports prepared by Investigators; or
  8. Any third-party claims arising from User's use of the Platform.
  9. Submission of incorrect or unauthorized Candidate contact information, including email addresses provided without proper consent or notice.

12.2 Indemnification Procedure. ScreenMate shall provide prompt written notice of any claim subject to indemnification and shall allow the indemnifying User to control the defense and settlement of such claim, provided that ScreenMate may participate in the defense at its own expense. The indemnifying User shall not settle any claim without ScreenMate's prior written consent if such settlement would impose any liability or obligation on ScreenMate.

13. Suspension and Termination

13.1 Termination by User. Users may terminate their account at any time by contacting ScreenMate customer support. Termination does not relieve Users of any obligations incurred prior to termination, including payment obligations and confidentiality obligations.

13.2 Termination by ScreenMate. ScreenMate may terminate or suspend any User's account immediately, without prior notice, for any reason, including but not limited to:

  1. Violation of these Terms or applicable law;
  2. Suspected fraudulent, abusive, or unlawful activity;
  3. Failure to pay amounts owed to ScreenMate;
  4. Requests by law enforcement or government agencies;
  5. Security concerns or unauthorized access;
  6. Expiration or revocation of Investigator licenses; or
  7. Discontinuation of the Platform.

13.3 Effect of Termination. Upon termination: (a) User's access to the Platform shall immediately cease; (b) User must immediately cease all use of the Platform and Confidential Information; (c) ScreenMate may delete User's account information, subject to data retention obligations; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 6 (Data), 7 (Confidentiality), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Dispute Resolution).

13.4 Data Retention Post-Termination. Following termination, ScreenMate may retain data associated with User's account as required by law, for legitimate business purposes (such as payment disputes), or as otherwise described in Section 6. User acknowledges that terminated account data is subject to Platform retention and deletion policies.

14. Electronic Agreement and Communications

14.1 Electronic Acceptance. By clicking "I Agree," "Accept," or similar button, or by accessing or using the Platform after these Terms have been posted, Users agree to be bound by these Terms. Such electronic acceptance constitutes a legally binding agreement equivalent to a handwritten signature.

14.2 Electronic Communications. Users consent to receive communications from ScreenMate electronically, including via email to the address associated with User's account or through notices posted on the Platform. Users agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

14.3 Record Retention. Users are responsible for maintaining their own records of these Terms and any transaction confirmations. Users may request a copy of these Terms by contacting ScreenMate customer support.

15. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

15.1 Binding Arbitration

Except as provided in Section 15.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between Users and ScreenMate (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures, as modified by this Section 15.

15.2 Arbitration Procedures

  1. Location: Arbitration shall take place in Wilmington, Delaware, unless the parties mutually agree to a different location or virtual proceedings.
  2. Arbitrator: The arbitration shall be conducted by a single arbitrator with experience in commercial or technology disputes.
  3. Governing Law: The arbitrator shall apply Delaware law, without regard to conflict of law principles.
  4. Discovery: Discovery shall be limited to the exchange of relevant documents and one (1) deposition per side, unless the arbitrator determines that additional discovery is necessary.
  5. Award: The arbitrator's award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
  6. Costs: Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a different allocation is appropriate.

15.3 Exceptions to Arbitration

Notwithstanding Section 15.1, either party may: (a) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations; or (b) bring an individual action in small claims court for Disputes within the court's jurisdiction.

15.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, USERS AND SCREENMATE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Users waive any right to participate in a class action lawsuit or class-wide arbitration. If a court or arbitrator determines that this class action waiver is unenforceable, then the entirety of this arbitration agreement shall be null and void, and the Dispute shall be resolved in court.

15.5 Informal Resolution

Before initiating arbitration, Users agree to first contact ScreenMate and attempt to resolve any Dispute informally. If a Dispute is not resolved within thirty (30) days of the initial contact, either party may proceed to arbitration.

16. Modifications to Terms

16.1 Right to Modify. ScreenMate reserves the right to modify these Terms at any time in its sole discretion. Modified Terms will be posted on the Platform with an updated "Last Updated" date.

16.2 Notice of Changes. For material changes, ScreenMate will provide notice via email to the address associated with User's account or through a prominent notice on the Platform at least thirty (30) days before the changes take effect.

16.3 Acceptance of Changes. Continued use of the Platform after the effective date of any modifications constitutes acceptance of the modified Terms. If Users do not agree to the modified Terms, they must discontinue use of the Platform and terminate their account.

17. General Provisions

17.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

17.2 Venue. Subject to Section 15, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware, and each party hereby irrevocably consents to the personal jurisdiction of such courts.

17.3 Entire Agreement. These Terms, together with the Mutual Non-Disclosure Agreement and any other agreements expressly incorporated herein, constitute the entire agreement between Users and ScreenMate with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, and discussions.

17.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.5 No Waiver. The failure of ScreenMate to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time.

17.6 Assignment. Users may not assign or transfer these Terms or any rights or obligations hereunder without ScreenMate's prior written consent. ScreenMate may assign these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17.7 Independent Contractors. The relationship between ScreenMate and Users is that of independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between the parties.

17.8 Force Majeure. ScreenMate shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, Internet or telecommunications failures, or third-party service provider failures.

17.9 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

17.10 Contact Information. Questions about these Terms should be directed to: D. McNabb, Inc. d/b/a ScreenMate, P.O. Box 143, Hockessin, DE 19707, Email: support@screenmateco.com, or through the Platform's contact form.

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.