§1
Effective Date and Acceptance
These Terms of Service ("Terms") are entered into by and between Silvey & Co., a Texas limited liability company doing business as BusinessGuard ("Company," "we," "us," or "our"), and the entity or individual accessing or using the Service ("User," "you," or "your"). These Terms are effective as of April 6, 2026 (the "Effective Date") and were last revised on April 6, 2026. By creating an Account, accessing, or otherwise using the BusinessGuard platform (the "Service"), you hereby acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you shall immediately cease all use of the Service. The Company reserves the right to amend or modify these Terms at any time in its sole discretion. The Company shall provide not less than thirty (30) days' advance written notice of any material changes by posting the revised Terms on this page and updating the Effective Date, or by transmitting notice to the email address associated with your Account. Your continued use of the Service following the effective date of any such amendments shall constitute your acceptance of and agreement to the revised Terms.
§2
Purpose of the Service
The Service is a private, subscription-based software-as-a-service platform designed exclusively to enable verified businesses to create, maintain, and manage structured internal records pertaining to customer incidents, moderation outcomes, and correction requests within a closed business-to-business community (the "Platform Purpose").
2.2 Exclusions and Hashing Safeguard
The Service is expressly not, and shall not be construed as, any of the following: (a) a public consumer review website or forum; (b) a public search directory or database; (c) a consumer complaint board or grievance platform; or (d) a public blacklist, blocklist, or exclusionary registry. To further the Platform Purpose and protect individual privacy, all customer identifiers processed within the Service are subjected to irreversible cryptographic hashing; raw personally identifiable information ("PII") is never stored in report records or made available through the Service.
§3
Account Eligibility and Verification
3.1 Age and Authority Requirements
To be eligible to create an Account and access the Service, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you possess the legal authority to bind the business entity on whose behalf you are registering; and (c) the business entity you represent is a valid, currently operating legal entity.
3.2 EIN Verification and Account Scope
Access to the reporting, search, moderation, and correction features of the Service is restricted to businesses that have successfully completed the Company's verification process, which includes, without limitation, validation of the business's Employer Identification Number ("EIN") as issued by the Internal Revenue Service. Each Account shall be associated with a single, verified business entity.
3.3 Credential Responsibility and Revocation
You shall be solely responsible for maintaining the confidentiality and security of your Account credentials, including, without limitation, any API keys or other authentication tokens issued to your Account (collectively, "API Credentials"). You agree to notify the Company immediately upon becoming aware of any unauthorized access to or use of your Account or API Credentials. The Company reserves the right, in its sole discretion, to refuse registration, suspend access, or permanently revoke any Account that fails to satisfy the verification requirements set forth herein or that is found to have been registered using false, misleading, or fraudulent business information.
§4
User Content Standards
4.1 Factual Content Requirement
All content, data, and information submitted by Users through the Service (collectively, "User Content") shall be factual, specific, and derived from first-hand knowledge or direct business records. The Service is not a forum for the expression of subjective opinions, personal grievances, or disparagement of customers. Each submission of User Content shall be limited to objectively verifiable facts, including, without limitation: the nature of the incident, the date or dates on which it occurred, and the resulting business impact. The submission of exaggerated, speculative, emotionally charged, or unsubstantiated claims is strictly prohibited and shall be grounds for removal of such content pursuant to Section 13 hereof.
4.2 Submission Warranties
By submitting User Content, you represent and warrant that: (a) all such content is true, accurate, and complete to the best of your knowledge; (b) you possess a legitimate and documented business basis for each submission; and (c) your submissions do not violate any applicable federal, state, or local law, statute, regulation, or ordinance.
§5
Prohibited Uses
You shall not, and shall not permit any third party to, use the Service for any purpose other than the Platform Purpose set forth in Section 2 hereof. Without limiting the generality of the foregoing, the following uses of the Service are expressly prohibited:
5.1 Harm, Sharing, and Retaliation (a)–(c)
(a) using the Service to harm, defame, discredit, harass, threaten, or publicly shame any individual or entity, whether within or outside the Service; (b) sharing, screenshotting, exporting, transmitting, or otherwise redistributing any customer information obtained through the Service to any external platform, social media service, public website, or third party; (c) using the Service for retaliation, doxxing, or the unauthorized disclosure of sensitive personal data;
5.2 FCRA-Regulated Uses and Identifier Integrity (d)–(e)
(d) using the Service for employment screening, tenant screening, consumer credit decisions, consumer insurance underwriting, government-benefit eligibility determinations, or any other purpose regulated under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.[1]; (e) attempting to reverse-engineer, decrypt, or otherwise derive raw identifiers from the cryptographically hashed customer identifiers maintained by the Service;
5.3 Technical Circumvention and Aggregation (f)–(h)
(f) attempting to circumvent, disable, or interfere with any access controls, security features, or technical limitations of the Service; (g) probing, scanning, or testing the vulnerability of the Service or any system or network connected thereto; or (h) compiling, aggregating, or assembling databases of customer information derived from the Service for sale, licensing, or distribution to third parties. Any violation of this Section 5 shall constitute a material breach of these Terms.
§6
FCRA Non-Applicability
6.1 Definition and Prohibited Purposes
The Service does not assemble, evaluate, compile, or report consumer credit information or any other information on consumers for the purpose of furnishing "consumer reports" as defined under the FCRA. No information available through the Service may be used, in whole or in part, as a factor in establishing any consumer's eligibility for: (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment; (c) housing; or (d) any other purpose governed by the FCRA or any state equivalent thereof.
6.2 Technical Safeguards and Breach Consequences
To enforce this limitation, the Company has implemented the following technical and administrative safeguards: (i) all customer identifiers are subjected to irreversible cryptographic hashing such that raw PII is never stored in or recoverable from report records; (ii) access to the Service requires EIN-based business verification as set forth in Section 3 hereof; (iii) the Service provides only structured report fields that are specifically designed to prevent free-form personal commentary; and (iv) active content moderation is maintained as set forth in Section 13 hereof. Any use of the Service for purposes regulated by the FCRA shall constitute a material breach of these Terms and shall be grounds for immediate termination of the User's Account without notice or opportunity to cure.
The Service is neither intended nor expected by the Company to be used, in whole or in part, as a factor in establishing any individual's eligibility for credit, insurance, employment, housing, government benefits, or any other purpose enumerated under 15 U.S.C. § 1681b[1]. User expressly agrees that the Service shall not be so used, and User acknowledges that the Company relies on this agreement in operating the Service outside the scope of the Fair Credit Reporting Act.
§7
Subscription and Payment
Access to the Service requires an active, paid subscription (the "Subscription"). Subscription fees (the "Fees") shall be billed in advance on a recurring basis in accordance with the billing cycle selected by the User at the time of enrollment and shall be processed through Stripe, Inc. or such other third-party payment processor as the Company may designate from time to time. All Fees are denominated in United States dollars and, except as expressly set forth herein or as required by applicable law, are non-refundable. In the event of a payment failure or lapse of your Subscription, the Company may, in its sole discretion, suspend, restrict, or downgrade your access to the Service until such time as all outstanding Fees are paid in full. The Company reserves the right to modify the Fees applicable to any Subscription upon not less than thirty (30) days' prior written notice to the User. Any such price adjustment shall take effect at the commencement of the next billing cycle following the expiration of the notice period. Your continued use of the Service following a price adjustment shall constitute acceptance of the revised Fees.
§8
API Credentials and Programmatic Access
8.1 Issuance and User Responsibility
The Company may, in its sole discretion, issue API keys, tokens, or other authentication credentials (collectively, "API Credentials") to enable programmatic access to designated features of the Service. API Credentials are confidential and proprietary, are issued solely for use in connection with your Account, and shall be treated as Confidential Information hereunder. You shall not share, publish, embed in client-side code, commit to public repositories, or otherwise disclose your API Credentials to any third party. You shall be solely responsible and liable for all activity occurring under or through your API Credentials, whether or not such activity was authorized by you.
8.2 Rate Limits and Revocation
Programmatic access to the Service is subject to rate limits, usage quotas, and such other technical restrictions as the Company may establish or modify at any time without prior notice. The Company reserves the right to revoke, rotate, or suspend any API Credentials immediately and without prior notice upon detection of: (a) abusive, excessive, or anomalous usage patterns; (b) a security incident or suspected compromise; or (c) any violation of these Terms. Unauthorized use of API Credentials, including, without limitation, attempts to circumvent rate limits, exceed usage quotas, or access data outside the scope of your Subscription, shall constitute a material breach of these Terms.
§9
Intellectual Property
9.1 Company IP Ownership
The Company and its licensors retain all right, title, and interest in and to the Service, including, without limitation, all software, source code, object code, algorithms, data models, user interfaces, documentation, trademarks, service marks, trade names, logos, and all other intellectual property rights embodied therein or associated therewith (collectively, the "Company IP"). Nothing contained in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company IP except as expressly authorized herein.
9.2 User Content License
You retain ownership of the User Content you submit through the Service, subject to the license granted herein. By submitting User Content to the Service, you hereby grant the Company a limited, non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable license to host, store, display, reproduce, process, and distribute such User Content solely for the purposes of operating, maintaining, improving, and providing the Service. The foregoing license shall terminate upon the earlier of: (a) your deletion of the applicable User Content; or (b) the closure or termination of your Account; provided, however, that the Company may retain copies of User Content in automated backups or as reasonably necessary for legal compliance, dispute resolution, or enforcement of these Terms.
9.3 Derivative Works Prohibition and DMCA
You shall not, and shall not permit any third party to, copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based upon any portion of the Service or the Company IP. The Company respects the intellectual property rights of others and has adopted a Copyright and Digital Millennium Copyright Act Policy (the "DMCA Policy") in accordance with 17 U.S.C. § 512. The DMCA Policy, which sets forth the procedures for reporting alleged copyright infringement and for submitting counter-notifications, is maintained on the Company's DMCA Policy page and is hereby incorporated by reference into these Terms.
§10
User Liability and Indemnification
10.1 User Responsibility for Content
You acknowledge and agree that you are solely responsible for all User Content you submit through the Service and for all consequences arising therefrom. In the event that any third party brings a claim, action, or proceeding against the Company arising from or relating to User Content that is false, misleading, defamatory, or otherwise in violation of these Terms or applicable law, you shall bear full responsibility for all resulting liability, including, without limitation, damages, judgments, settlements, attorneys' fees, and court costs.
10.2 Indemnification Scope and Defense
You hereby agree to indemnify, defend, and hold harmless the Company and its members, managers, officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) arising out of or relating to: (a) your use of or access to the Service; (b) any User Content submitted by you or through your Account; (c) any breach or alleged breach of these Terms by you; (d) your violation of any applicable law, statute, regulation, or ordinance; or (e) your infringement or misappropriation of any third-party right, including, without limitation, any intellectual property right, privacy right, or publicity right. The Company shall provide you with prompt written notice of any claim subject to indemnification hereunder, and you shall have the right to assume control of the defense thereof; provided, however, that the Company shall have the right to participate in such defense at its own expense, and you shall not settle any claim without the Company's prior written consent, which consent shall not be unreasonably withheld.
§11
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. The limitations and exclusions set forth in this Section 11 shall not apply to liability arising from the Company's gross negligence, willful misconduct, or fraud, or to the extent such limitations are prohibited by applicable law.
§12
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE; (B) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE SERVICE WILL ACHIEVE ANY PARTICULAR LEVEL OF UPTIME, AVAILABILITY, OR PERFORMANCE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA RESULTING FROM SUCH USE.
§13
Moderation and Correction Controls
13.1 Moderation Rights
The Company reserves the right, but shall have no obligation, to monitor, review, and moderate User Content submitted through the Service. Without limiting the foregoing, the Company may, in its sole discretion, restrict, withdraw, or reject any User Content that: (a) is unsupported by verifiable facts or documentation; (b) contains or discloses information that is privacy-invasive or otherwise sensitive; (c) falls outside the scope of the Acceptable Use Policy; or (d) presents legal risk to the Company, other Users, or third parties.
13.2 User-Initiated Correction and Enforcement Escalation
Report disputes and User-initiated correction requests submitted through the Service may temporarily cause the applicable report to be placed in a restricted review state pending investigation by the submitting business and Platform operators. Repeated or egregious violations of the User Content standards set forth in Section 4 hereof or the prohibited use provisions of Section 5 hereof may result in: (i) removal of the offending User Content; (ii) suspension of the User's Account; or (iii) permanent termination of the User's Account without refund. The moderation and correction procedures referenced in this Section 13 are described in further detail in the Company's Acceptable Use Policy, which is hereby incorporated by reference into these Terms as though fully set forth herein.
13.3 Publisher Status and Section 230
Notwithstanding the Company's right to moderate User Content, the Company does not draft, co-author, edit for substance, or materially develop the factual content of any User submission. Moderation actions are limited to format validation, policy compliance review, removal, and restriction. Any corrections to User Content are made solely by the submitting User through the dispute and correction workflow. The Company is an "interactive computer service" as defined in 47 U.S.C. § 230(f)(2) and, except as expressly prohibited by that statute, shall not be treated as the publisher or speaker of any User Content.
§14
Account Suspension and Termination
14.1 Termination Grounds
Either party may terminate these Terms and close the User's Account at any time, subject to the provisions of this Section 14. You may close your Account by contacting customer support or by using the account closure functionality provided within the Service. The Company may suspend or terminate your Account immediately, without prior notice or liability, upon the occurrence of any of the following: (a) a breach or threatened breach of any provision of these Terms; (b) failure to pay any Fees when due after the Company has provided reasonable written notice of such non-payment and a cure period of not less than ten (10) business days; (c) submission of false, misleading, or fraudulent information in connection with the verification requirements set forth in Section 3 hereof; (d) use of the Service for any purpose prohibited under Section 5 hereof; or (e) conduct that the Company, in its reasonable judgment, determines may expose the Service, the Company, or other Users to legal liability, reputational harm, or regulatory action.
14.2 Post-Termination Effects and Survival
Upon termination of your Account for any reason: (i) all rights and licenses granted to you hereunder shall immediately terminate; (ii) you shall immediately cease all use of and access to the Service; and (iii) the Company may retain copies of User Content for a commercially reasonable period as necessary for legal compliance, pending dispute resolution, or enforcement of these Terms. Sections 4, 5, 6, 9, 10, 11, 12, 15, and 18 shall survive any termination or expiration of these Terms.
§15
Governing Law and Dispute Resolution
15.1 Governing Law and Informal Resolution
These Terms, and any dispute, claim, or controversy arising out of, relating to, or in connection with these Terms or the Service (including any question regarding the existence, validity, interpretation, performance, breach, or termination thereof), shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. Prior to initiating any formal dispute resolution proceeding, the parties shall attempt in good faith to resolve any dispute through informal negotiation for a period of not less than thirty (30) days following written notice of the dispute from either party.
15.2 AAA Arbitration
Any dispute that is not resolved through such informal negotiation shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect, which rules are deemed incorporated herein by reference. The arbitration shall be conducted before a single arbitrator in Austin, Texas. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award, including, without limitation, monetary damages, equitable relief, and attorneys' fees. The arbitrator's award shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with any arbitration proceeding, unless the arbitrator determines otherwise.
15.3 Injunctive and Equitable Relief
Notwithstanding the foregoing arbitration provision, either party may seek temporary or preliminary injunctive relief, or other equitable relief, in any court of competent jurisdiction to the extent necessary to protect such party's intellectual property rights, Confidential Information, or other proprietary interests, without the requirement of posting a bond or other security.
§16
Privacy and Data Handling
16.1 Privacy Policy Incorporation and Hashing Safeguard
Your use of the Service is subject to and governed by the Company's Privacy Policy, as may be amended from time to time, which is hereby incorporated by reference into these Terms. The Privacy Policy describes the Company's practices with respect to the collection, use, storage, retention, and protection of your information. As set forth in Section 2 hereof, customer identifiers processed within the Service are subjected to irreversible, one-way cryptographic hashing functions; raw PII is never stored in report records or otherwise maintained in a recoverable format within the Service.
16.2 Data Handling and Sub-Processors
The Company does not sell, rent, or otherwise disclose personal information to third parties except as described in the Privacy Policy or as required by applicable law, regulation, or valid legal process. The Company engages certain third-party service providers ("Sub-Processors") to assist in the operation of the Service. A current list of Sub-Processors, including their identities, locations, processing purposes, and the categories of data they process, is maintained on the Company's Sub-Processor List page and is hereby incorporated by reference into these Terms. For complete details regarding data practices, retention periods, and your rights with respect to your personal information, please refer to the Privacy Policy.
§17
Severability and Entire Agreement
If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be reformed to the minimum extent necessary to render it valid and enforceable, or, if such reformation is not possible, such provision shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, each of which shall remain in full force and effect. These Terms, together with the Privacy Policy, Acceptable Use Policy, Sub-Processor List, DMCA Policy, and Vulnerability Disclosure Policy, each as may be amended from time to time and each of which is incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, representations, warranties, understandings, and communications between the parties, whether written or oral, relating to such subject matter. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the waiving party. No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof.
§18
No Legal Guarantee; Independent Counsel
18.1 Risk Acknowledgment
These Terms are intended to mitigate risk and establish the rights and obligations of the parties, but they do not and cannot ensure that any specific use of the Service is free from legal exposure. Users remain solely responsible for: (a) the accuracy and legality of all User Content they submit; (b) the manner in which they use, reference, or rely upon internal records generated through the Service; and (c) their compliance with all applicable federal, state, and local laws, statutes, regulations, and ordinances.
18.2 Independent Counsel
The Company provides a structured software platform for business-to-business incident recordkeeping. The Company does not provide legal advice, legal representation, legal protection, or indemnification for User Content. You are strongly encouraged to consult with independent legal counsel of your own choosing regarding your use of the Service and your obligations under applicable law.
§19
For questions regarding these Terms, to report a suspected violation of these Terms, or to submit a correction or dispute request, you may contact the Company at: Silvey & Co., Email: legal@thebusinessguard.com. You may also reach the Company through the customer support channels made available within the Service. The Company shall make commercially reasonable efforts to respond to all inquiries within a reasonable timeframe.
§20
Subject Response Mechanism
An individual or entity that is the subject of a User submission and that becomes aware of the existence of such submission may contact the Company at subject-response@thebusinessguard.com to submit a written statement disputing the accuracy of the submission. The Company shall: (i) acknowledge receipt within five (5) business days; (ii) forward the dispute to the submitting User for review; and (iii) place the submission in a restricted review state pending User response. Nothing in this mechanism shall be construed as conferring on the subject of a submission any right of access to or copy of the underlying submission, which shall remain subject to the Company's confidentiality and access-control policies.
Regulatory Notice
The Company is not a consumer reporting agency as defined under the FCRA, 15 U.S.C. § 1681 et seq. The Service shall not be used for any purpose governed thereby. These Terms do not grant Users the right to publicly disseminate customer information. All customer identifiers are cryptographically hashed; raw PII is never stored. The Service operates exclusively as a verified business-to-business incident registry with structured moderation and correction controls. All User Content is subject to these Terms and the Acceptable Use Policy incorporated herein, and may be restricted, corrected, or removed for non-compliance. The Company maintains a Vulnerability Disclosure Policy that provides a safe harbor for good-faith security researchers who identify and responsibly report potential vulnerabilities in the Service. The Vulnerability Disclosure Policy is hereby incorporated by reference into these Terms.
Glossary
- API Credentials
- API keys, tokens, or other authentication credentials issued by the Company to enable programmatic access to designated features of the Service.(§ 8)
- Company
- Silvey & Co., a Texas limited liability company doing business as BusinessGuard.(§ 1)
- Company IP
- All software, source code, object code, algorithms, data models, user interfaces, documentation, trademarks, service marks, trade names, logos, and all other intellectual property rights embodied in or associated with the Service.(§ 9)
- Service
- A private, subscription-based software-as-a-service platform designed exclusively to enable verified businesses to create, maintain, and manage structured internal records pertaining to customer incidents, moderation outcomes, and correction requests within a closed business-to-business community.(§ 2)
- User
- The entity or individual accessing or using the Service.(§ 1)
- User Content
- All content, data, and information submitted by Users through the Service.(§ 4)