Terms of Access

Qualified Institutional Operators

BERS products are available exclusively to qualified institutional operators ("Operators") who have completed the BERS Permissible Purpose Gateway qualification process and executed a current Operator Agreement with BERS AI LLC. Access to any BERS product is contingent on that agreement remaining in force.

Browsing this website does not create any right of access to BERS products, data, or systems. BERS does not offer self-serve access, trial access, or consumer access of any kind.

Defined Permissible Purpose Classes

Each BERS product is defined for a specific permissible purpose class. Operators may only access a product in connection with the purpose class for which it is defined and for which they have certified a permissible purpose under the Fair Credit Reporting Act or applicable law. Using a BERS product for any purpose outside its defined purpose class is a material breach of the Operator Agreement and may constitute a violation of applicable law.

Operators are solely responsible for ensuring that each inquiry submitted to a BERS product is supported by a permissible purpose applicable to the specific individual or entity being assessed at the time of inquiry.

What Operators May Not Do

BERS analysis outputs are licensed for use within the Operator's own decisioning infrastructure only. They are not transferable and do not constitute consumer reports that may be resold in the secondary market.

What BERS Analysis Is and Is Not

BERS produces behavioral analysis — dimensional assessments of behavioral patterns relative to a defined decision context. No BERS output constitutes a recommendation to approve, deny, or take any specific action with respect to any individual or entity. Operators are solely responsible for their decisioning outcomes and for the legal compliance of any action taken in reliance on BERS analysis.

BERS analysis does not purport to predict future behavior with certainty. Outputs reflect patterns observed within each product's defined analytical framework and should be used as one input among multiple factors in a compliant decisioning process.

Operator Disclosure Obligations

Operators who use BERS analysis in connection with a credit, insurance, employment, or housing decision that results in adverse action are responsible for providing the consumer disclosures required by the Fair Credit Reporting Act and applicable state law, including identification of BERS AI LLC as an information source where required. BERS will provide Operators with the information necessary to fulfill these disclosure obligations under the terms of the Operator Agreement.

For employment-purpose products, the FCRA's two-step adverse action process applies: pre-adverse action notice and waiting period before final adverse action notice. For all consumer decisions, BERS AI LLC's name, address, and contact information for dispute initiation must be included in adverse action notices as required by FCRA § 615.

Scope of BERS AI LLC Liability

BERS provides behavioral analysis as an informational input to Operator decisioning. To the maximum extent permitted by applicable law, BERS AI LLC's liability to any Operator arising from the use of BERS products is limited to direct damages not exceeding the fees paid by that Operator in the three months preceding the event giving rise to the claim. BERS is not liable for consequential, indirect, or incidental damages of any kind.

Operators bear sole responsibility for the legal compliance of decisions made using BERS analysis, including compliance with the Fair Credit Reporting Act, the Equal Credit Opportunity Act, the Fair Housing Act, applicable state law, and any other statute or regulation governing the decision context in which BERS is used.

Jurisdiction and Dispute Resolution

These Terms of Access and any Operator Agreement with BERS AI LLC are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising under these terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in Delaware.

Nothing in these Terms of Access limits any right of any consumer under the Fair Credit Reporting Act or applicable state law, including the right to file a dispute with BERS or to file a complaint with the Consumer Financial Protection Bureau or applicable state regulatory authority.