Terms of Service
1. Agreement to These Terms
These Terms of Service ("Terms") govern your access to and use of the RealMortgagePro mortgage customer relationship and automation platform, website, and related services (the "Service"), provided by RealMortgagePro ("RealMortgagePro," "we," "us," or "our"). By creating an account, clicking "I agree," or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
If you are using the Service on behalf of a company, brokerage, or other entity, you represent that you are authorized to bind that entity, and "you" refers to that entity.
2. Eligibility
To use the Service, you must be at least 18 years old and able to enter into a binding contract under applicable law. The Service is intended for licensed mortgage professionals and their authorized team members. You represent that you will use the Service only in the course of a lawful mortgage lending or mortgage brokerage business and that you hold all licenses, registrations, and authorizations required under applicable federal, state, and local law, including any applicable NMLS registration.
3. The Service
The Service helps licensed mortgage professionals manage borrower and referral relationships, monitor rate and equity events, send automated communications, and coordinate loan pipeline activity. Features may include, without limitation: Smart Alert automations, email and SMS delivery through third-party providers, loan origination system integrations, rate and market data, dashboards, reporting, and exports.
We may add, change, or remove features and functionality at any time. We will use reasonable efforts to provide material changes in advance where practical.
4. Accounts
You must register for an account to use most features. You agree to:
- Provide accurate, current, and complete information.
- Keep your credentials confidential and use strong, unique passwords.
- Be responsible for all activity under your account.
- Notify us promptly of any suspected unauthorized use.
We may suspend or terminate accounts that violate these Terms.
5. Subscription, Billing, and Renewals
Access to the Service is provided on a subscription basis according to the plan you select.
- Fees: Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan) and are non-refundable except as expressly stated.
- Auto-renewal: Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless canceled before the renewal date.
- Taxes: Fees exclude taxes. You are responsible for applicable taxes.
- Price changes: We may change fees on renewal with reasonable prior notice.
- Failed payments: If a payment fails, we may suspend or terminate access until amounts owed are paid.
6. Cancellation and Refunds
You may cancel your subscription at any time from within your account or by contacting support. Cancellation takes effect at the end of the current billing cycle, and you will retain access until then. Except as required by law or expressly stated, fees already paid are non-refundable.
7. Your Content and Borrower Data
"Your Content" means information and data you upload, import, enter, or transmit through the Service, including Borrower Data. As between you and RealMortgagePro, you retain all rights to Your Content.
You grant RealMortgagePro a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Your Content solely as needed to provide, secure, and improve the Service, and as permitted by our Privacy Policy.
You represent and warrant that:
- You have all rights and consents necessary to provide Your Content to us and to have the Service process it on your behalf.
- Your Content does not violate any law, contract, intellectual property right, or privacy right of any third party.
- You are solely responsible for the accuracy of Your Content.
8. Your Communications Obligations
You control the messages, automations, and contact cadences you configure in the Service. You agree that, when using the Service to send emails, SMS, or other communications, you will:
- Comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state-level mini-TCPA statutes, "Do Not Call" rules, and all other applicable communications and marketing laws.
- Obtain and maintain all required consents, including, where applicable, prior express written consent for SMS marketing.
- Honor all unsubscribe, STOP, and suppression requests.
- Include accurate sender identification and any legally required disclosures.
- Not send content that is unlawful, harassing, deceptive, or fraudulent.
You are the sender of record for all communications you initiate through the Service. RealMortgagePro is not responsible for the legality or content of messages you configure or send.
9. Acceptable Use
You agree not to:
- Use the Service to violate any law or regulation.
- Upload or transmit malware, viruses, or harmful code.
- Probe, scan, or test the Service for vulnerabilities without our prior written consent.
- Interfere with, disrupt, or overload the Service.
- Reverse engineer, decompile, or attempt to extract source code, except as expressly permitted by law.
- Resell, sublicense, or provide the Service to third parties outside your authorized users.
- Use the Service to send unsolicited marketing, spam, phishing, or deceptive communications.
- Scrape, copy, or harvest data from the Service except as expressly permitted.
- Use the Service to build a competing product or service.
10. Third-Party Services and Data
The Service integrates with or relies on third-party services and data, including but not limited to loan origination systems (such as Encompass), email and SMS delivery providers, payment processors, and public or licensed economic and property data sources (such as the Federal Reserve Economic Data API). Your use of any third-party service is governed by that service's own terms, and we are not responsible for its availability, accuracy, or conduct.
Rate data, equity estimates, savings projections, and similar outputs are informational only and may rely on third-party data. They are not quotes, rate locks, appraisals, or guarantees. You are solely responsible for verifying any figures before relying on them in a borrower-facing context.
11. Intellectual Property
RealMortgagePro and its licensors own all right, title, and interest in and to the Service, including its software, interfaces, logos, content (other than Your Content), and all related intellectual property. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your subscription term, solely for your internal business purposes.
No rights are granted by implication, estoppel, or otherwise except as expressly set forth in these Terms.
12. Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant RealMortgagePro a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without any obligation to you.
13. Service Availability
We aim to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be unavailable during scheduled maintenance, in the event of outages, or due to factors outside our reasonable control. Unless expressly stated in a separate agreement, no service-level commitment applies.
14. No Legal, Financial, or Lending Advice
The Service is a software tool. Content displayed through the Service — including rate data, savings calculations, equity figures, and Smart Alert outputs — is for informational purposes only and does not constitute legal, financial, tax, accounting, investment, underwriting, or lending advice. You remain solely responsible for all mortgage, lending, and communication decisions.
15. Disclaimers
The service is provided "as is" and "as available."
To the maximum extent permitted by applicable law, RealMortgagePro and its affiliates, licensors, and service providers disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any data or outputs will be accurate or reliable.
16. Limitation of Liability
To the fullest extent permitted by law:
- RealMortgagePro and its affiliates, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
- Our aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to RealMortgagePro in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations apply regardless of the form of action (contract, tort, strict liability, or otherwise).
17. Indemnification
You agree to indemnify, defend, and hold harmless RealMortgagePro and its officers, directors, employees, affiliates, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service.
- Your Content or Borrower Data.
- Communications you send through the Service.
- Your violation of these Terms or any applicable law, including TCPA, CAN-SPAM, or licensing requirements.
- Your violation of the rights of any third party.
18. Suspension and Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, pose a risk to us, our users, or others, or if we are required to do so by law. You may terminate your account at any time by canceling your subscription.
Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
19. Dispute Resolution; Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by a recognized arbitration provider in accordance with its rules, rather than in court, except that either party may bring a claim in small-claims court if it qualifies, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information. The arbitration will be conducted in English and seated in Delaware unless the parties agree otherwise.
Class action waiver.
You and RealMortgagePro agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
20. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email. Changes take effect on the date indicated. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not accept the changes, you must stop using the Service.
21. General
- Entire agreement: These Terms and the documents referenced in them are the entire agreement between you and RealMortgagePro regarding the Service.
- Severability: If any provision is held unenforceable, the remaining provisions will remain in effect.
- No waiver: Our failure to enforce any right is not a waiver of that right.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices: We may provide notices by email, in the Service, or by posting on our website.
- Force majeure: Neither party is liable for delays or failures caused by events outside its reasonable control.
22. Contact
Questions about these Terms? Contact us at:
RealMortgagePro
Email: legal@realmortgagepro.com
Support: support@realmortgagepro.com