Cercu Terms of Use (v1.9)
Effective Date: May 1, 2025
Last Updated: January 11, 2026

1. Introduction & Agreement

These Terms of Use (“Terms”) are a legally binding agreement between you and Cercu Inc. (“Cercu”, “we”, “us”, or “our”) governing your use of the JoinCercu™ mobile application, the CreditBridge™ API, and all related digital tools (collectively, the “Services”).

BY CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS. Our Privacy Policy, which explains our data practices, forms an integral part of these Terms.

2. Regulatory & Financial Disclosure

• 2.1 Not a Bank.Cercu is a technology and data infrastructure provider, not a bank or registered lender. We do not provide financial, investment, or tax advice.
• 2.2 Payment Services.Cercu operates as a registered Payment Service Provider (PSP) under the Retail Payment Activities Act (Canada) and maintains safeguarding frameworks as required by the Bank of Canada.
• 2.3 No Fiduciary Relationship.Your use of the Services does not create a fiduciary or professional advisory relationship.

3. Community Standards & Trust Passport™

• Age – You must be at least 18 years of age (or the age of majority in your jurisdiction).

• Security – You are responsible for all activities under your account. You must notify [email protected] of unauthorized access. Cercu is not liable for losses resulting from “jailbroken” or unsecure mobile devices.

4. Eligibility & Account Security

• Logging – All platform contributions and financial behaviors (e.g., payment timeliness) are logged securely.
• Trust Passport™ – This data generates proprietary Trust Scores and Verifiable Credentials (VCs). While these are descriptive indicators, they serve as the foundation for the credit furnishing activities described in Section 6.

5. Community Savings Groups (ROSCAs)

Cercu is a technology facilitator and is not a party to any Group agreement between members.

• No Guarantee. CERCU DOES NOT UNDERWRITE, INSURE, OR GUARANTEE ANY PAYMENT OBLIGATIONS. The legal obligation to pay rests solely with individual members. Cercu will not reimburse losses resulting from member default.

6. Consumer Reporting & Data Furnishing (The “CRA” Clause)

• 6.1 Agency Status.Cercu operates as (or is in the process of becoming) a registered Consumer Reporting Agency (CRA). We furnish data to Tier-1 credit bureaus in accordance with the Consumer Reporting Act (Ontario) and the Fair Credit Reporting Act (U.S.).
• 6.2 Data Integrity.As a data furnisher, Cercu is committed to the Accuracy and Integrity of reported data. We maintain reasonable procedures to ensure that the information we furnish correctly reflects your payment performance and account status.
• 6.3 Culture AI™ & AIDA.We use AI to generate behavioral insights. In compliance with the Artificial Intelligence and Data Act (AIDA), all consequential decisions regarding your status involve human review.
• 6.4 Direct Disputes.If you believe any information furnished by Cercu to a credit bureau is inaccurate, you have the right to dispute it directly with us at [email protected]. We will investigate and respond within the statutory timelines (typically 30 days).

7. Web3 Wallets & Digital Assets

• MPC Infrastructure – Cercu uses Multi-Party Computation for wallet security. You assume all risks associated with blockchain technology, including protocol changes and smart contract vulnerabilities.
• Payout positions may be tokenized. CERCU PROVIDES NO GUARANTEE OF LIQUIDITY OR RESALE VALUE.

8. Subscriptions & Fees

Pricing for tiers (Starter, Plus, Elite) is disclosed at purchase. Fees are non-refundable unless required by law. We may change fees with 30 days’ notice.

9. Proprietary Systems

Cercu retains all rights to the DTNE™, CCNA Core™, Score Equivalence Engine™, Culture AI™, and Trust Passport™. You may not reverse-engineer any part of the mobile app or API.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERCU’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

• (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM; OR
• (B) $100.00 CAD.

11. Governing Law & Dispute Resolution

• Jurisdiction: Governed by the laws of Ontario and the federal laws of Canada.
• Consumer Rights: Individuals retain rights under the Ontario Consumer Protection Act, 2023 to seek redress in the Ontario Superior Court or Small Claims Court in Toronto. Business users agree to binding arbitration.

12. Jurisdiction-Specific Terms (U.S. Addendum)

• 12.1 FCRA Compliance – For U.S. residents, Cercu complies with the Fair Credit Reporting Act. We furnish information only for “permissible purposes.”
• 12.2 Adverse Action – If a third party takes adverse action against you based on a Cercu report, you will receive a notice containing Cercu’s contact information and your right to a free copy of the report and to dispute its accuracy.

13. General Provisions

• Sanctions – You represent you are not a sanctioned person under Global Affairs Canada, the UN, or OFAC.
• Survival – Sections 5, 6, 9, 10, and 11 survive account termination.

14. Contact Information

Cercu Inc. First Canadian Place, 100 King St W, Suite 5700, Toronto, ON M5X 1C7
[email protected] | [email protected] | [email protected]