Terms of Use

The Developer grants Licensee a monthly or annual, non-exclusive, limited license to use the Software in the United States per the agreement terms.

Licensees cannot modify, copy, duplicate, reproduce, license or sublicense the Software without written Developer consent. Licensed sites must be listed in Exhibit A and may be updated by mutual agreement.

Licensees agree to pay the license fee specified in their Client Invoice.

The Developer represents it owns the Software and has rights to grant the specified license to Licensees.

The Developer warrants the Software shall perform in all material respects according to the Developer’s specifications. Material Respects includes: the software application automatically performs under current developer specifications to generate reviewed and approved documents (Loan Applications, 1003s, HUDs, mortgage instruments, etc.) — all auto-generated documents require client review and approval, and custom packages incur additional fees; the software organizes client files, securely stores sensitive information like dates of birth and Social Security Numbers, and encrypts file paths to uploaded documents (PDFs, images, Word documents) on the Developer’s cloud server; Server Uptime is guaranteed 99% of the time with all planned downtimes for server reboot, maintenance, or upgrades during late night non-business hours. Upon warranty breach, Licensees must promptly notify the Developer. The sole remedy is correction so the Software operates per warranty specifications, provided non-functional issues are controllable by the developer.

Setup and license fees are due at setup commencement. Monthly licensing fees are charged monthly upfront until cancellation. Setup fees cover 30 days for starter plans (up to 2 sessions), 60 days for professional plans (up to 8 sessions), and 90 days for enterprise plans (up to 15 sessions). Annual discounts are available.

Licensees pay Federal/State tax on the Software for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer. Licensees don’t pay taxes on the Developer’s income or business privilege taxes.

Developer’s warranties set forth in this Agreement are exclusive and are in lieu of all other warranties, express or implied, including but not limited to the implied warranty of merchantability and warranty of fitness for a particular purpose.

The Developer bears no responsibility for incidental, consequential or other indirect damages, whether based on lost revenue, legal liability, or otherwise. The Developer assumes no liability regardless of claim basis — contract, tort, strict liability, product liability, or other causes under Florida or Federal law. Licensees bear responsibility for providing any and all full disclosures when and where necessary related to Federal or State regulations on a per customer basis. The Developer provides standard disclosures indemnifying it from third-party or first-party liability from Software use, sale, transmission, or reliance. Licensees should develop their own disclosures. Licensees alone bear responsibility for monitoring and training all Agents, Branches/AEs, and Back Office Employees on system usage and liability exposure. The Developer offers “Train the Trainer” programs for manager-level users.

Licensees must assume all responsibility of researching, understanding, and complying with all current and future local, State, and Federal rules and regulations, laws, and legislation relating to lending, loan modification and foreclosure related services.

The Developer and programmers ensure all data will remain under the ownership of the licensee and will not disclose it to any 3rd party unless permission is granted, for third-party tools like credit pulling or background checks. Data won’t be used for any solicitation or to compete directly or indirectly with licensee. Licensees protect their data from compromised usernames and passwords. Data is automatically backed up on a 2nd server daily. Only managers access client data via the Pipeline Page Excel export function. Licensees may face obligations under § 501(b) of the Gramm-Leach-Bliley Act and Interagency Guidelines (12 C.F.R. Section 208, Appendix D-2), requiring the Developer to safeguard non-public, personally identifiable information. The Developer represents it maintains adequate administrative, technical, and physical safeguards to ensure security and confidentiality, protect against anticipated threats, and prevent unauthorized access or use that could cause breaches or substantial harm. The Developer agrees to provide information about privacy and security systems, policies, and procedures as reasonably requested. Training on Privacy Laws and security policies is provided to relevant personnel. Upon actual or apparent theft, unauthorized use, or disclosure of sensitive data, the Developer will commence all reasonable efforts to investigate and correct the causes and remediate the results, and provide prompt notice with requested assistance. If disclosing sensitive data to third parties, the Developer ensures recipients agree to be bound by terms materially equivalent to those contained herein.

The Developer reserves the right to adjust pricing up to 15% from the original agreement, no more than on an annual basis. Prices may change with or without prior notification. While advance communication is attempted, unforeseen circumstances or immediate market shifts may necessitate changes without notice. Users acknowledge acceptance that price increases may occur.

Required notices must be written and delivered personally, certified mail postage-prepaid, or recognized overnight services. Email to legal@lendingwise.com is acceptable.

This Agreement shall be construed and enforced in accordance with the laws of the State of Florida.

Either party may terminate with 30 day notice provided in writing via certified mail or e-mail. Verbal communication executing termination is requested. The Developer provides full client data export and complete erasure upon request. Within the first 30 days, Licensees may request refunds for license fees only. Setup fees, website fees, and ancillary services are NOT refundable unless otherwise agreed.

If any term is deemed invalid by a court of competent jurisdiction, the balance of this Agreement, including all remaining terms, will remain in full force and effect.

Upon disputes, written notice begins a fifteen (15) day “cooling off” period for discussion. Unresolved disputes proceed to expedited arbitration in Miami, Florida. Arbitration costs are split equally unless the arbitrator determines otherwise. Settlement discussions are confidential and inadmissible in court.

Customers must submit written notice at least 30 days prior to the intended cancellation date. The subscription remains active during this period, effective after 30 days elapse.