Terms of Service

1. This agreement

These terms are between Mortgage Clarity, LLC, a Delaware limited liability company ("we", "us"), and the business or individual that opens an account ("you"). They apply when you create an account, accept them in the product, or use the service. If you are accepting on behalf of a company, you are confirming you have authority to bind it.

2. What the service is, and what it is not

Mortgage Clarity is software for licensed mortgage professionals. It models loan scenarios, produces comparison reports, and hosts client and agent workspaces.

Being specific about the limits, because they matter here:

• We are not a lender, broker, or mortgage originator. We do not make credit decisions, issue approvals, set pricing, or originate loans.
• Nothing the software produces is a Loan Estimate, a Closing Disclosure, a commitment to lend, or a guarantee of terms. Official disclosures come from the lender, on the lender's forms, subject to underwriting.
• We do not provide legal, tax, accounting, or financial advice, and we are not a compliance service. Software that helps you produce a document does not make us responsible for whether that document complies with the law.
• Figures are estimates generated from the inputs you provide. Wrong inputs produce wrong outputs, and you are responsible for reviewing what you publish.

3. Your licence to use it

For as long as your subscription is current, you get a non-exclusive, non-transferable right to use the service for your own business. You may not resell it, share a login, reverse engineer it, scrape it, use it to build a competing product, or remove attribution from anything we provide.

4. Your account

You are responsible for your credentials and for everything done under your account. Keep your password to yourself, use any additional account security we make available, and tell us promptly at legal@mortgageclarityplatform.com if you think your account has been compromised.

5. Your compliance obligations

You are the licensed party. Everything you create, publish, or send through the service is your communication, not ours, and you remain responsible for complying with the law that governs it. That includes, without limiting it:

• Your own licensing and NMLS obligations, and displaying them correctly
• RESPA, including the prohibition on giving or receiving anything of value for referrals
• TILA and Regulation Z, including advertising and trigger-term disclosure rules
• ECOA and Regulation B, including adverse action requirements
• Prohibitions on unfair, deceptive, or abusive acts and practices
• Fair housing law, state law, and any policies of the lender or employer you work under

We provide default disclosure language as a convenience. It is a starting point, it has not been cleared for your institution, and using it unchanged is your decision, not our recommendation. Where your compliance team has approved specific wording, use theirs.

6. Data, and who owns what

You own your data. The client records, analyses, notes, uploads, and reports you put into the service remain yours. You grant us only the licence we need to host, process, back up, and display that data in order to run the service for you, and to our subprocessors for the same purpose.

We own the platform. The software, interface, calculation engine, and templates are ours and stay ours.

Borrower information. Much of what you enter is information about your clients, and it is subject to the Gramm-Leach-Bliley Act. We handle it as your service provider, on your instructions, as described in the Privacy Policy. We do not sell it, and we do not use it to market to your clients. You are responsible for having the right to give it to us.

Aggregated data. We may use anonymised, aggregated statistics that cannot identify you, your clients, or your business, to operate and improve the service. We will not publish anything that identifies your book or benchmarks you against a named competitor.

7. Third-party services and AI

The service relies on third parties listed in the Privacy Policy, and some features send information to an AI provider to draft an analysis, answer a question, generate a recap, or read an uploaded loan document. We contract for that data not to train the provider's models.

If your lender or employer restricts sending borrower documents to third-party AI services, that restriction is yours to observe. We cannot know your institution's policy, and using these features is your decision.

8. Fees

Subscriptions are billed in advance on a recurring basis through our payment processor and renew automatically until cancelled. Fees are non-refundable except where required by law. Cancel any time before your next renewal and you keep access through the end of the period you have paid for.

We may change pricing with at least 30 days' notice before it applies to your next renewal. If a payment fails, we may suspend or downgrade the account after notice.

9. Acceptable use

Do not use the service to break the law, to send information you have no right to send, to upload malicious code, to interfere with the service or other customers, or to publish anything misleading about loan terms. We may suspend an account for conduct that puts the platform or other customers at risk, and will tell you why.

10. Confidentiality

Each of us may learn non-public information about the other. We will each use it only to perform under this agreement, protect it with reasonable care, and not disclose it except to people who need it and are bound to keep it confidential, or where the law requires disclosure.

11. Warranties and disclaimers

We will provide the service with reasonable skill and care. Beyond that, the service is provided "as is" and "as available", and to the fullest extent the law allows we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the service will be uninterrupted or error-free, or that calculations, rate information, property data, or third-party data are accurate or current. You must verify any figure before relying on it or sending it to a client.

12. Limitation of liability

Neither of us is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunity, even if warned they were possible.

Our total liability arising out of or relating to this agreement is limited to the amount you paid us in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations, to either party's breach of confidentiality, or to liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify us against third-party claims arising from your data, from what you publish through the service, from your breach of these terms, or from your failure to meet the compliance obligations in section 5.

We will defend and indemnify you against third-party claims that the service, used as permitted, infringes their intellectual property.

14. Term, termination, and getting your data out

This agreement runs while your account is open. You may cancel at any time. We may terminate for material breach that is not cured within 30 days of notice, or immediately for conduct that endangers the platform, other customers, or borrower data.

For 30 days after termination you may export your data. After that we will delete it, other than what we must retain for legal, tax, or audit reasons, or what exists in routine backups until those expire. Bear in mind you may have your own record-keeping obligations for borrower files, so export before you close the account.

15. Changes

We may update these terms. For material changes we will give notice and ask you to accept the new version in the product before you continue using it. We keep a record of which version you accepted and when.

16. Governing law and disputes

This agreement is governed by the laws of the State of Delaware, without regard to conflict of law rules. Any dispute will be brought exclusively in the state and federal courts located in Delaware, and each of us consents to that jurisdiction.

Before filing anything, we each agree to raise the issue in writing and try in good faith to resolve it for 30 days.

17. Everything else

Neither of us may assign this agreement without the other's consent, except in a merger or sale of substantially all assets. Neither is liable for delays caused by events outside reasonable control. If a provision is unenforceable, the rest survives. Failing to enforce something once does not waive it. These terms and the Privacy Policy are the entire agreement between us on this subject. Notices to us go to legal@mortgageclarityplatform.com; notices to you go to the email on your account.