Terms of Service

These Terms of Service ("Terms") constitute a binding legal agreement between Lend Engine, Inc. ("Lend Engine," "we," "us," or "our") and you, the organization or individual ("Customer" or "you") accessing or using the Lend Engine platform. Please read these Terms carefully before using the Platform.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Description of Service

Lend Engine provides an AI-powered loan origination platform designed for private lenders (the "Platform"). The Platform includes tools for loan pipeline management, AI-assisted underwriting analysis, automated valuation, document generation, borrower portal access, and related financial workflow automation available at app.lendengine.ai.

The Platform is a business-to-business service intended solely for use by licensed or otherwise legally authorized lending professionals and organizations. Lend Engine reserves the right to modify, suspend, or discontinue any feature or aspect of the Platform at any time with reasonable notice to active subscribers.

3. Account Registration and Security

To access the Platform, you must register for an account and provide accurate, complete information. You agree to:

• Maintain accurate and up-to-date account information at all times.
• Enable and maintain multi-factor authentication (MFA), which is required for all lender accounts.
• Keep your credentials confidential and not share them with any third party.
• Notify us immediately at security@lendengine.ai of any actual or suspected unauthorized access to your account.
• Accept responsibility for all activities that occur under your account credentials.

Lend Engine will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

4. Authorized Use / Acceptable Use

You may use the Platform solely for your internal business purposes in connection with legitimate private lending activities. You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform or its AI models.
• Use the Platform to build or develop a competing product or service, or to benchmark the Platform against a competing product for commercial purposes.
• Resell, sublicense, or otherwise make the Platform available to third parties outside your organization without our prior written consent.
• Upload, transmit, or store any data that violates applicable law, infringes intellectual property rights, or contains malicious code.
• Circumvent, disable, or interfere with any security features or access controls of the Platform.
• Use the Platform in any way that violates federal or state lending laws, fair lending regulations (including ECOA and the Fair Housing Act), or applicable financial services regulations.
• Permit use of the Platform by any person who is not a financial professional duly authorized by your organization.

5. Subscription and Payment

Access to the Platform requires a paid subscription. By subscribing, you agree to the following:

• Plans — subscription plans are offered on monthly or annual billing cycles, as described on our pricing page.
• Auto-renewal — subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date through your account settings or by contacting sales@lendengine.ai.
• Payment — you authorize us to charge your designated payment method for all fees due. Fees are exclusive of applicable taxes, which you are responsible for paying.
• Refunds — monthly subscriptions may be cancelled at any time; unused days in the current billing month are not refunded. Annual subscriptions are non-refundable once purchased, except as required by applicable law.
• Price changes — we may change subscription pricing with at least 30 days' written notice prior to your next renewal date. Continued use after the effective date constitutes acceptance of the new pricing.
• Late payment — past-due amounts accrue interest at 1.5% per month, and we reserve the right to suspend Platform access for accounts with outstanding balances.

6. Data and Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and protect information you submit to the Platform.

• Your data — you retain full ownership of all loan data, borrower information, and documents you upload or generate through the Platform ("Customer Data").
• Our license — you grant Lend Engine a limited, non-exclusive license to process, store, and transmit Customer Data solely as necessary to provide the Platform and as described in our Privacy Policy.
• No training on Customer Data — we do not use your Customer Data to train our AI models without your express written consent.
• Data location — Customer Data is stored in AWS infrastructure located in the United States (us-east-1 region).
• Tenant isolation — each lender organization's data is stored in a dedicated, isolated database instance and is never commingled with data from other customers.

7. Intellectual Property

As between you and Lend Engine:

• Lend Engine IP — Lend Engine owns all right, title, and interest in and to the Platform, including its software, AI models, algorithms, user interface, documentation, and all related intellectual property. Nothing in these Terms transfers any Lend Engine IP to you.
• Your IP — you own all right, title, and interest in your Customer Data, including all loan files, borrower records, and documents.
• Feedback — if you provide feedback, suggestions, or ideas about the Platform, you grant Lend Engine a perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

8. Confidentiality

Each party (as "Receiving Party") agrees to keep confidential all non-public information disclosed by the other party (as "Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information").

• The Receiving Party shall use Confidential Information solely to exercise its rights or fulfill its obligations under these Terms.
• The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations no less protective than those in these Terms.
• Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was already known to the Receiving Party at the time of disclosure; (c) is independently developed by the Receiving Party without reference to the Confidential Information; or (d) is required to be disclosed by law or court order, provided reasonable prior notice is given to the Disclosing Party.

9. Warranties and Disclaimers

Each party represents that it has the legal authority to enter into these Terms and that doing so does not violate any other agreement to which it is a party.

Additionally, you acknowledge and agree that:

• AI outputs are recommendations only — AI-generated underwriting analyses, valuations, risk assessments, and other outputs from the Platform are informational tools and do not constitute legal, financial, investment, or credit advice. You are solely responsible for all final credit decisions.
• Lender makes final credit decisions — the Platform does not make lending decisions on your behalf. All loan approvals, denials, and terms are at your sole discretion and remain your legal responsibility under applicable lending laws.
• Uptime — we target 99.9% monthly uptime but do not guarantee uninterrupted or error-free service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Cap on liability — Lend Engine's total cumulative liability to you arising out of or related to these Terms or the Platform, regardless of the theory of liability, shall not exceed the total fees paid by you to Lend Engine in the twelve (12) months immediately preceding the event giving rise to the claim.
• Exclusion of consequential damages — in no event shall either party be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of data, loss of goodwill, business interruption, or cost of substitute services, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Lend Engine, its officers, directors, employees, and agents 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 Platform in violation of these Terms or applicable law.
• Your Customer Data, including any claim that your Customer Data infringes or misappropriates any third-party intellectual property right.
• Any lending decision you make using the Platform, including any fair lending or consumer protection claim.
• Your breach of any representation or warranty made in these Terms.

12. Term and Termination

These Terms commence on the date you first access the Platform and continue until terminated.

• Termination by you — you may terminate your subscription at any time by cancelling through your account settings. Termination does not entitle you to a refund of prepaid fees except as expressly stated in Section 5.
• Termination by Lend Engine — we may suspend or terminate your access immediately if you breach these Terms, fail to pay fees when due, or if we are required to do so by law.
• Data export — following termination, you may request an export of your Customer Data for up to thirty (30) days after the termination date. After that period, we may delete your data in accordance with our data retention policies.
• Survival — Sections 6 (Data and Privacy), 7 (Intellectual Property), 8 (Confidentiality), 9 (Warranties and Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) survive termination.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you consent to personal jurisdiction in such courts.

14. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by sending an email to your registered address and by posting the updated Terms on our website at least 15 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must discontinue use of the Platform before the effective date.

15. Contact

If you have questions about these Terms or need to reach our legal team, please contact us: