FICO® Community Agreement

This FICO® Community Agreement (“Agreement” or “Terms”) contains terms that govern your access and participation in the FICO® Community (“Community”) and is entered into between Fair Isaac Corporation and its affiliates (“Fair Isaac,” “FICO,” “we,” “us,” or “our”) and you (“User,” "you” or “your”), as it may be updated from time to time. Terms and conditions specific to the Community may be set forth in our policies as they may be updated from time to time (“Policies”) which are incorporated into this Agreement, including but not limited to FICO’s Privacy Policy located at https://www.fico.com/en/privacy-policy (“Privacy Policy”). The Community is designed to foster collaboration, knowledge sharing, and peer-to-peer support among practitioners, developers, business analysts, solution architects, data scientists, IT professionals, and other individuals who use or interact with FICO products, services and technologies. The Community is open to FICO customers, employees, alliance partners, Global System Integrators (GSIs), Independent Software Vendors (ISVs), students, industry practitioners, early-career professionals, and customer prospects (collectively, “Members” or “Users”). FICO employees participate as subject matter experts, moderators, and community managers.

1.         ACCEPTANCE AND ELIGIBILITY

1.1.      This Agreement constitutes a legally binding agreement between you and FICO. This Agreement governs your access to and use of the FICO Community platform.

1.2.      BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE COMMUNITY IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE COMMUNITY.

1.3.      You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. If you are accessing the Community on behalf of an organization, you represent and warrant that you have the authority to bind such organization to this Agreement, and references to “you” shall include such organization.

1.4.      FICO reserves the right, in its sole and absolute discretion, to deny, restrict, suspend, or revoke your access to the Community at any time, for any reason or no reason, with or without notice. FICO is under no obligation to provide you with access to the Community.

1.5.      You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify FICO of any unauthorized use of your account.

2.         LICENSE GRANT TO USER

2.1.      Subject to your compliance with this Agreement, FICO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Community solely for your personal and professional use in connection with FICO products and services.

2.2.      This license does not include the right to:

(a)        scrape, crawl, spider, or use any automated means to access the Community or collect content or data therefrom;

(b)        use data mining, robots, bots, or similar data gathering or extraction tools on the Community;

(c)        systematically download, store, or reproduce Community content for any purpose other than personal reference;

(d)        use the Community to build a competitive product or service, or to benchmark against any FICO product or service;

(e)        frame, mirror, or create derivative works based on the Community or any portion thereof;

(f)         sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Community or any content therein; or

(g)        access the Community in order to monitor its availability, performance, or functionality for any competitive purpose.

2.3.      FICO reserves all rights not expressly granted herein. No implied licenses are granted by this Agreement.

3.         USER-GENERATED CONTENT AND INTELLECTUAL PROPERTY GRANT TO FICO

3.1.      License Grant. By submitting, posting, uploading, or otherwise making available any content, materials, code, data, text, images, videos, or other information through the Community (collectively, “User Content”), you hereby grant to FICO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, and otherwise commercialize and exploit your User Content, in whole or in part, in any form, media, format, or technology now known or hereafter developed, for any purpose whatsoever, including without limitation:

(a)        product development, enhancement, and improvement of FICO products and services;

(b)        training, developing, improving, and fine-tuning artificial intelligence and machine learning models, algorithms, and systems;

(c)        marketing, advertising, promotional, and publicity purposes;

(d)        internal research and analytics;

(e)        creation of new products, services, or features; and

(f)         any other lawful business purpose determined by FICO in its sole discretion.

3.2.      Waiver of Moral Rights. To the fullest extent permitted by applicable law, you irrevocably waive, and agree not to assert, any moral rights, rights of attribution, rights of integrity, or other similar rights (collectively, “Moral Rights”) you may have in or to your User Content. Where such waiver is not permitted by law, you agree not to exercise any such Moral Rights in a manner that interferes with FICO’s exercise of the rights granted herein.

3.3.      Representations and Warranties Regarding User Content. You represent and warrant that: (a) you own or have sufficient rights to grant the licenses set forth herein; (b) your User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or other rights; (c) your User Content complies with all applicable laws and regulations; and (d) your User Content does not contain any confidential or proprietary information of any third party that you are not authorized to disclose.

3.4.      No Obligation. FICO has no obligation to use, display, or maintain any User Content. FICO may, but is not required to, provide attribution when using User Content.

3.5.      Survival. The licenses and rights granted to FICO in this Section 3 shall survive any termination or expiration of this Agreement or your use of the Community.

4.         FICO CONTENT AND INTELLECTUAL PROPERTY

4.1.      The Community and all content, features, functionality, software, documentation, materials, text, graphics, logos, trademarks, service marks, trade names, images, audio, video, data, and other materials made available by FICO on or through the Community including all intellectual property rights arising from or related to the foregoing (collectively, “FICO Content”) are and shall remain the exclusive property of FICO and its licensors. FICO Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2.      No license to any FICO intellectual property or any FICO Content is granted to you under this Agreement, except the limited right to view FICO Content as displayed on the Community in the ordinary course of your permitted use expressly granted under this Agreement. All rights in and to FICO Content not expressly granted herein are reserved by FICO.

4.3.      You shall not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or technology underlying the Community; (b) create derivative works based upon any FICO Content; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notices on FICO Content; or (d) use any FICO trademarks, trade names, logos, or service marks without FICO’s prior written consent.

4.4.      FICO’s product names, including but not limited to FICO® Platform, FICO® Blaze Advisor®, FICO® Decision Modeler, FICO® Xpress Insight, FICO® Falcon®, and FICO® TRIAD®, are trademarks or registered trademarks of Fair Isaac Corporation in the United States and other countries.

5.         PUBLICITY

5.1.      You consent to FICO’s use of your name, username, profile photograph, job title, employer/company affiliation, biographical information, Community contributions, and related content (collectively, “Member Information”) within the Community for purposes of recognition, gamification, contributor designations, badges, leaderboards, and similar Community features.

5.2.      You further grant FICO a royalty-free, perpetual, worldwide right and license to use your Member Information in FICO’s marketing and promotional materials, including but not limited to FICO’s website, social media channels, email campaigns, press releases, case studies, presentations, and industry event materials. For Member Spotlight features intended for external publication outside the Community, FICO will seek your explicit consent prior to publication.

5.3.      You hereby release FICO, its affiliates, and their respective officers, directors, employees, agents, and contractors from any and all claims, demands, and liabilities arising out of or relating to the use of your Member Information as permitted by this Section 5.

6.         ACCEPTABLE USE POLICY

6.1.      You agree to use the Community only for lawful purposes and in accordance with this Agreement. You shall not, and shall not permit any third party to, engage in any of the following prohibited conduct (together with other Policies, the “Acceptable Use Policy”):

(a)        violate any applicable local, state, national, or international law, regulation, or ordinance;

(b)        harass, threaten, intimidate, bully, stalk, defame, or abuse any individual or group;

(c)        post content that is hateful, discriminatory, obscene, pornographic, violent, or otherwise objectionable as determined by FICO in its sole discretion;

(d)        impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;

(e)        post or transmit spam, unsolicited commercial communications, chain letters, pyramid schemes, or other forms of solicitation;

(f)         share, disclose, or publish confidential, proprietary, or trade secret information of any third party, including your employer, without proper authorization;

(g)        upload, post, or transmit any viruses, malware, ransomware, Trojan horses, worms, or other harmful or malicious code or files;

(h)        attempt to circumvent, disable, or interfere with any security features, access controls, or technical measures of the Community;

(i)         use the Community for competitive intelligence gathering, benchmarking, or for the purpose of building a competing product or service;

(j)         engage in any form of unauthorized data collection, harvesting, or scraping of personal information of other Community members;

(k)        post content that infringes any patent, trademark, copyright, trade secret, or other intellectual property right of any party;

(l)         interfere with or disrupt the Community, its servers, or networks connected to the Community;

(m)       use the Community to recruit, solicit, or advertise products or services not related to FICO products without FICO’s prior written approval;

(n)        share or post FICO product license keys, activation codes, or other authentication credentials;

(o)        use automated scripts, bots, or artificial intelligence tools to generate or post content without disclosure and FICO’s prior approval;

(p)        post false, misleading, or deceptive content regarding FICO products or services; or

(q)        encourage or assist any other person in doing any of the foregoing.

6.2.      FICO shall have the sole and absolute discretion to determine whether any conduct or content violates this Acceptable Use Policy. FICO’s failure to enforce any provision of this Section does not constitute a waiver of such provision.

7.         CONTENT MODERATION AND REMOVAL

7.1.      FICO may, but is not obligated to, monitor, review, screen, edit, move, re-categorize, or remove any User Content or other content posted to the Community, at any time and for any reason, in its sole discretion and without prior notice to you.

7.2.      FICO may employ automated tools, artificial intelligence systems, machine learning algorithms, and/or human moderators to review, filter, flag, or remove content from the Community. You acknowledge and agree that such automated systems may not be error-free and that FICO shall not be liable for any content erroneously removed or retained.

7.3.      FICO has no obligation to maintain, store, or back up any User Content. You are solely responsible for maintaining your own backup copies of any User Content you submit to the Community. FICO shall have no liability for any loss or deletion of User Content.

7.4.      FICO may, in its sole discretion, establish general guidelines and limits concerning the use of the Community, including without limitation the maximum number of posts, the maximum size of content, and the duration for which content will be retained.

8.         DATA COLLECTION AND PRIVACY

8.1.      By accessing and using the Community, you acknowledge and consent to FICO’s collection, use, processing, storage, and transfer of your personal information and activity data, including but not limited to: account registration information, authentication data (including single sign-on credentials), profile information, community participation data, posting history, engagement metrics, gamification data, event registrations, device information, IP addresses, browser type, and usage patterns.

8.2.      FICO may use the data collected through the Community for the following purposes: (a) operating, maintaining, and improving the Community; (b) community management and moderation; (c) recognition programs and gamification features; (d) product feedback and development; (e) analytics and reporting; (f) marketing communications (subject to applicable opt-out rights); (g) compliance with legal obligations; (h) research and development; and (i) any other purpose described in FICO’s Privacy Policy.

8.3.      Your use of the Community is also subject to FICO’s Privacy Policy, available at https://www.fico.com/en/privacy-policy, which is incorporated herein by reference. In the event of a conflict between this Agreement and the Privacy Policy regarding data handling practices, the Privacy Policy shall control.

8.4.      You acknowledge that your profile information, posts, and contributions are visible to other Community members and the public, and you should not post any information you wish to keep private or confidential.

9.         THIRD-PARTY PLATFORMS AND LINKS

9.1.      The Community is hosted on the Khoros platform. FICO is not responsible for any errors, interruptions, outages, data loss, or other issues arising from the Khoros platform or any other third-party infrastructure, services, or software used in connection with the Community. Your use of the Community is also subject to any applicable terms of the underlying platform provider.

9.2.      The Community may contain links to third-party websites, services, or resources that are not owned or controlled by FICO. FICO does not endorse and is not responsible for the content, products, services, privacy practices, or other policies of any third-party websites or services. You access third-party links entirely at your own risk.

9.3.      Any interactions, transactions, or disputes between you and any third party found on or through the Community are solely between you and such third party. FICO shall not be liable for any loss or damage arising from such interactions.

10.       DISCLAIMER OF WARRANTIES

10.1.    THE COMMUNITY AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND FEATURES AVAILABLE ON OR THROUGH THE COMMUNITY ARE PROVIDED ON AN “AS IS,” “WHERE IS”
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

10.2.    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FICO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR TIMELINESS OF ANY CONTENT; (D) WARRANTIES THAT THE COMMUNITY WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (E) WARRANTIES REGARDING THE RESULTS OBTAINED FROM USE OF THE COMMUNITY.

10.3.    FICO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR ANY CONTENT POSTED BY THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FICO OR THROUGH THE COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10.4.    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11.       LIMITATION OF LIABILITY

11.1.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FICO, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

11.2.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FICO AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE COMMUNITY SHALL NOT EXCEED THE LESSER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FICO FOR ACCESS TO THE COMMUNITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3.    THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

11.4.    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12.       INDEMNIFICATION

12.1.    You agree to indemnify, defend, and hold harmless FICO, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers (collectively, the “FICO Indemnified Parties”) from and against any and all claims, actions, demands, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including without limitation attorneys’ fees and court costs) arising out of or relating to:

(a)        your User Content or any content you submit, post, or transmit through the Community;

(b)        your use of or access to the Community, including any data or content transmitted or received by you;

(c)        your violation or breach of any provision of this Agreement;

(d)        your violation of any applicable law, rule, or regulation;

(e)        your violation or infringement of any third party’s intellectual property rights, privacy rights, publicity rights, or other rights;

(f)         any misrepresentation made by you; or

(g)        any claim that your User Content injured or caused damage to a third party.

12.2.    FICO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FICO, and you agree to cooperate with FICO’s defense of such claims. You shall not settle any claim without FICO’s prior written consent.

12.3.    This indemnification obligation shall survive the termination or expiration of this Agreement and your use of the Community.

13.       TERMINATION

13.1.    FICO may, in its sole and absolute discretion, at any time and for any reason or no reason, with or without notice: (a) suspend, restrict, or terminate your access to the Community or any portion thereof; (b) deactivate or delete your account and all related information and files associated therewith; and/or (c) bar your further access to the Community.

13.2.    Upon termination of your access to the Community for any reason: (a) all licenses and rights granted to you under this Agreement shall immediately terminate; (b) you shall immediately cease all use of the Community; and (c) all provisions of this Agreement that by their nature should survive termination shall survive, including without limitation Sections 3 (User-Generated Content and Intellectual Property Grant to FICO), 4 (FICO Content and Intellectual Property), 5 (Publicity), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law and Dispute Resolution), and 17 (Confidentiality).

13.3.    Notwithstanding termination of your account, FICO shall retain all rights to any User Content previously submitted by you, in accordance with the license grant set forth in Section 3.

13.4.    FICO shall not be liable to you or any third party for any suspension or termination of your access to the Community.

14.       MODIFICATIONS TO AGREEMENT

14.1.    FICO reserves the right to modify, amend, supplement, or replace this Agreement at any time in its sole discretion. Any modified Agreement will be effective immediately upon posting to the Community or such later date as may be specified in the modified Agreement.

14.2.    FICO may, but is not obligated to, provide notice of material changes to this Agreement through the Community, by email, or by other means. It is your responsibility to review this Agreement periodically for updates.

14.3.    Your continued access to or use of the Community after the posting of any modifications to this Agreement constitutes your binding acceptance of such modifications. If you do not agree to the modified Agreement, your sole remedy is to discontinue use of the Community.

15.       GOVERNING LAW AND DISPUTE RESOLUTION

15.1.    Governing Law. These Terms and any dispute or claim arising out of or in connection with this Agreement (whether in contract, tort, or otherwise) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would result in the application of the laws of any jurisdiction other than the State of New York. Notwithstanding the foregoing, Section 15.2 applies only to disputes not subject to arbitration under Section 15.3, including actions to compel or enforce arbitration or an arbitral award, proceedings under Section 15.6 (Injunctive Relief), and claims that a court determines are not arbitrable.

15.2.    Exclusive Jurisdiction. You irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, for the purpose of any suit, action, or proceeding arising out of or relating to this Agreement that is not subject to arbitration. You waive any objection to the laying of venue and any claim of inconvenient forum.

15.3.    Arbitration. Except for the matters expressly carved out below, any dispute, claim, or controversy between User and FICO arising out of or relating to this Agreement, the Community, or User’s access to or use of the Community, including any dispute concerning the formation, interpretation, validity, enforceability, performance, breach, or termination of this Agreement, shall be resolved exclusively by final and binding individual arbitration and not in court. The arbitration shall be administered by JAMS in Hennepin County, Minnesota, in accordance with the JAMS Streamlined Arbitration Rules and Procedures or, if JAMS determines that those rules are not applicable, the JAMS Comprehensive Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Section 15.3 and applicable law. The arbitration shall be heard by a single neutral arbitrator appointed in accordance with the JAMS Rules, and the arbitrator shall issue a final, written, reasoned award. The seat of the arbitration shall be Hennepin County, Minnesota, but any hearing may be conducted remotely or virtually if the parties agree or the arbitrator so directs. New York law governs this arbitration agreement and the underlying dispute, consistent with Section 15.1. Except for the court determination expressly required regarding the class-action waiver below, the arbitrator, and not any court, shall have exclusive authority to decide all gateway questions concerning the scope, applicability, enforceability, formation, or interpretation of this arbitration agreement, including whether a particular dispute or claim is arbitrable. Consistent with Section 15.5 (Class Action Waiver), any arbitration under this Section shall proceed only on an individual basis, and the Jury Trial Waiver in Section 15.4 and Class Action Waiver in Section 15.5 shall apply to disputes resolved in arbitration to the fullest extent permitted by applicable law. Before initiating arbitration, the party seeking relief must provide the other party with written notice of the dispute at least thirty (30) days in advance and the parties must engage in a good-faith effort to resolve the dispute informally during that period. User’s notice must be sent to FICO, Attn: FICO Community — Legal Department, at the mailing address and email address listed in Section 20 (Contact Information); FICO may send notice to User using the contact information on file. No arbitration may be initiated until the thirty (30)-day period has expired. User may reject this arbitration agreement by sending written notice to FICO, Attn: FICO Community — Legal Department, at the mailing address or email address listed in Section 20 within thirty (30) days after User’s first acceptance of this Agreement; the opt-out notice must identify User and clearly state that User declines arbitration, and an effective opt-out will not affect any other provision of this Agreement. This Section does not preclude either party from bringing an individual action in small-claims court if the action qualifies and remains in that court, or preclude FICO from seeking injunctive or other equitable relief in any court of competent jurisdiction under Section 15.6 (Injunctive Relief) for actual or threatened infringement, misappropriation, or violation of FICO’s intellectual property rights or confidential information. If a court determines that the Class Action Waiver in Section 15.5 is unenforceable as to a particular dispute, claim, or request for relief, and that ruling is final and non-appealable, that dispute, claim, or request for relief shall proceed in court and not by arbitration; if a court determines that the waiver is unenforceable as to a class, consolidated, representative, or mass proceeding, and that ruling is final and non-appealable, that proceeding shall proceed in court and not as a class, consolidated, representative, or mass arbitration. In either event, the remainder of this arbitration agreement and its application to all other disputes, claims, and requests for relief shall survive and remain enforceable, and either party may move to stay such court action pending resolution of the arbitrable claims. Arbitration fees and costs shall be allocated in accordance with the JAMS Rules and applicable law. This arbitration agreement shall survive termination or expiration of this Agreement and User’s access to the Community.

15.4.    Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FICO EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMMUNITY.

15.5.    Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FICO.

15.6.    Injunctive Relief. Notwithstanding anything to the contrary herein, FICO may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of FICO’s intellectual property rights or confidential information, without the requirement to post a bond or prove actual damages.

16.       EXPORT COMPLIANCE

16.1.    You acknowledge that the Community, FICO Content, and related technology may be subject to export control and sanctions laws of the United States (including the Export Administration Regulations and regulations administered by the Office of Foreign Assets Control) and other jurisdictions.

16.2.    You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo or comprehensive sanctions; (b) you are not identified on any U.S. government list of restricted or prohibited parties, including the Specially Designated Nationals and Blocked Persons List; and (c) you will not access or use the Community in violation of any applicable export control or sanctions laws.

16.3.    You agree to comply with all applicable export control laws, sanctions, and regulations in your access to and use of the Community. You shall not export, re-export, or transfer any FICO Content or technical data obtained through the Community in violation of applicable law.

17.       CONFIDENTIALITY

17.1.    In the course of using the Community, you may be exposed to information that is proprietary or confidential to FICO, including but not limited to non-public product roadmaps, pre-release features, beta program information, technical specifications, business strategies, pricing information, and other materials designated as confidential or that a reasonable person would understand to be confidential, including but not limited to FICO Content (collectively, “FICO Confidential Information”).

17.2.    You agree to: (a) hold FICO Confidential Information in strict confidence; (b) not disclose FICO Confidential Information to any third party without FICO’s prior written consent; (c) not use FICO Confidential Information for any purpose other than your permitted use of the Community; and (d) protect FICO Confidential Information using at least the same degree of care you use to protect your own confidential information, but in no event less than reasonable care.

17.3.    This confidentiality obligation shall survive termination of this Agreement indefinitely, or, with respect to trade secrets, for as long as such information remains a trade secret under applicable law.

18.       NO PROFESSIONAL ADVICE

18.1.    All content available on the Community, including FICO Content and User Content, is provided for general informational and educational purposes only. Nothing on the Community constitutes or is intended to constitute professional, legal, financial, regulatory, compliance, technical, or other specialized advice.

18.2.    You should not rely on any content obtained through the Community as a substitute for professional advice tailored to your specific circumstances. You should consult with qualified professionals regarding any decisions or actions taken in reliance on Community content.

18.3.    FICO expressly disclaims any responsibility for any decisions made or actions taken by you based on content available on the Community. Your reliance on any Community content is solely at your own risk.

19.       GENERAL PROVISIONS

19.1.    Entire Agreement. This Agreement, together with FICO’s Privacy Policy and any other Policies referenced herein, constitute the entire agreement between you and FICO with respect to your use of the Community and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Community.

19.2.    Relationship to Other Agreements. If you are a party to a separate agreement with FICO (including without limitation a software license agreement, services agreement, or master agreement), this Agreement shall control with respect to your use of the Community. In the event of a conflict between this Agreement and such other agreement regarding the subject matter of the Community, this Agreement shall prevail unless the other agreement explicitly references and supersedes this Agreement with respect to Community use.

19.3.    Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.

19.4.    Waiver. No failure or delay by FICO in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any other or further exercise of that right or the exercise of any other right.

19.5.    Assignment. You may not assign or transfer this Agreement or any of your rights or obligations hereunder without FICO’s prior written consent. FICO may freely assign or transfer this Agreement without restriction. Any attempted assignment in violation of this Section shall be null and void.

19.6.    Force Majeure. FICO shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay results from circumstances beyond FICO’s reasonable control, including without limitation acts of God, natural disasters, pandemics, government actions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, or failures of telecommunications or internet infrastructure.

19.7.    No Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights. Nothing in this Agreement creates any relationship of agency, partnership, joint venture, or employment between you and FICO.

19.8.    Notices. FICO may provide notices to you via the Community, email, or other means. Any notices you provide to FICO must be sent to the contact information provided in Section 20.

19.9.    Headings. The section headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

20.       CONTACT INFORMATION

All notices regarding this Agreement or the Community, shall be sent to:

Fair Isaac Corporation

Attn: FICO Community — Legal Department

12790 El Camino Real Suite 300, San Diego, CA 92130

United States of America

Email: contractsdesk@fico.com