Terms of Service

These Terms of Service ("Terms", "Agreement") govern your access to and use of the LoanOfficerIntelligence software platform and related services (collectively, the "Service") provided by Casey McGowan Enterprises LLC ("Company", "we", "us", or "our"), a California limited liability company. By accessing or using the Service, you ("User", "you", or "your") agree to be bound by these Terms.

1Acceptance of Terms

1.1. By creating an account, accessing, or using the Service, you affirm that you are at least 18 years of age and have the legal capacity to enter into this Agreement.

1.2. These Terms constitute a legally binding agreement between you and the Company. Your continued use of the Service constitutes acceptance of any modifications to these Terms.

2Description of Service

2.1. LoanOfficerIntelligence is a Software-as-a-Service (SaaS) platform that provides call-time property intelligence tools designed to assist loan officers and mortgage brokers in evaluating refinance opportunities. The Service aggregates public property records, lien data, and related insights to facilitate informed conversations with potential borrowers.

2.2. The Service is intended solely as a research and information tool to support professional judgment. It is not a loan origination system, lead generation platform, or substitute for proper due diligence and underwriting procedures required by law and industry standards.

3Account Registration and Security

3.1. Account Creation: To access the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

3.2. Individual Accounts Required: Each loan officer or individual user must maintain their own unique account with separate login credentials. Sharing of login credentials is strictly prohibited and constitutes a material breach of these Terms.

3.3. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.4. No Professional License Requirement: You are not required to maintain any specific professional licenses (such as NMLS) to use the Service, though we assume users are mortgage industry professionals.

4Free Trial

4.1. Trial Offer: Upon creating an account, you will receive three (3) complimentary property searches at no charge ("Free Trial"). The Free Trial is provided so that you may evaluate the Service before selecting a paid subscription plan.

4.2. Trial Limitations: The Free Trial is limited to three (3) property searches per account. Each account is entitled to one (1) Free Trial only. Free Trial searches are subject to the same terms and conditions as paid property searches, including the data accuracy disclaimers set forth in Section 9.

4.3. No Payment Required for Trial: No payment method is required to activate the Free Trial. Upon exhaustion of your Free Trial searches, you must subscribe to a paid plan to continue using the Service.

4.4. Trial Expiration: Free Trial searches do not expire, but remain available only until used. The Company reserves the right to modify or discontinue the Free Trial offer at any time without prior notice. Any such changes will not affect Free Trial searches already credited to existing accounts.

5Subscription Plans and Billing

5.1. Subscription Plans: The Service is offered under four (4) monthly subscription plans:

• Explorer: Twenty-five (25) unique property searches per billing cycle at a rate of $39.00 per month.
• Active: Fifty (50) unique property searches per billing cycle at a rate of $59.00 per month.
• Professional: One hundred (100) unique property searches per billing cycle at a rate of $99.00 per month.
• Power: Two hundred (200) unique property searches per billing cycle at a rate of $169.00 per month.

The specific features, search allocations, and pricing for each plan are as described on the pricing page at loanofficerintelligence.com/pricing at the time of your subscription. In the event of any conflict between the pricing page and these Terms regarding plan details, the pricing page at the time of your subscription shall control.

5.2. Property Search Allocation:

• Your unique property search allocation resets on your monthly billing anniversary date. Unused property searches do not roll over to subsequent billing cycles.
• One unique property search is consumed when you access a property record for the first time. You will not be charged an additional search for viewing a property that you previously searched within the last thirty (30) days.
• If you exhaust your monthly unique property search allocation before your next billing cycle, you may contact us at contact@loanofficerintelligence.com to request additional searches. The Company may, at its sole discretion, grant additional searches at no charge or offer add-on searches subject to additional fees.

5.3. Payment Processing: All subscription payments are processed through Stripe, a third-party payment processor. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis.

5.4. Automatic Renewal: Your subscription will automatically renew each month unless you cancel prior to your next billing date. You will be charged the then-current subscription rate for your selected plan.

5.5. Price Changes: We reserve the right to modify subscription pricing at any time. You will receive at least thirty (30) days advance notice of any price increase. Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

5.6. Taxes: All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for payment of all such taxes except for taxes based on our net income.

6Cancellation and Refunds

6.1. Cancellation by User: You may cancel your subscription at any time through your account settings or by contacting us at contact@loanofficerintelligence.com. Upon cancellation:

• You will continue to have access to the Service through the end of your current billing period.
• You will be able to use your remaining property search credits until your subscription expires.
• No refunds will be provided for partial months or unused portions of your subscription.

6.2. No Refund Policy: We do not offer refunds or credits for any subscription fees paid, including but not limited to partial months, unused property searches, or dissatisfaction with the Service. All sales are final.

6.3. Cancellation by Company: We reserve the right to suspend or terminate your account at any time for violation of these Terms, including but not limited to sharing login credentials. In the event of termination for cause, no refund will be provided.

7Acceptable Use Policy

7.1. Permitted Uses: You may use the Service solely for the purpose of researching property records and related data to assist in evaluating refinance opportunities and crafting appropriate refinance products for potential borrowers.

7.2. Prohibited Uses: You may not use the Service for any purpose other than as expressly permitted in Section 7.1. Specifically, you agree NOT to:

• Use the Service as a lead generation tool or customer relationship management system.
• Use the Service as a loan origination system or to replace any required underwriting procedures.
• Copy, reproduce, redistribute, resell, or create derivative works from any data or content accessed through the Service.
• Share, transfer, or disclose your login credentials to any other person or entity.
• Attempt to gain unauthorized access to the Service, other user accounts, or our computer systems.
• Use automated means (bots, scrapers, etc.) to access or extract data from the Service.
• Use the Service in any manner that violates applicable federal, state, or local laws or regulations, including without limitation fair lending laws, anti-discrimination laws, and data privacy regulations.
• Reverse engineer, decompile, or attempt to discover the source code of the Service.

7.3. Enforcement: Violation of this Acceptable Use Policy constitutes a material breach of these Terms and may result in immediate termination of your account without refund.

8Intellectual Property Rights

8.1. Company Ownership: The Service, including all software, technology, content, trademarks, logos, and other materials provided by the Company, is owned by the Company and is protected by United States and international intellectual property laws. All rights not expressly granted to you are reserved by the Company.

8.2. Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription period.

8.3. Third-Party Data: Property data is provided by ATTOM Data Solutions® and is used under license. All property data is:

• For informational purposes only and subject to ATTOM's terms of use.
• Protected by copyright and may not be copied, redistributed, or resold without ATTOM's prior written consent.
• Provided "as is" without any warranties of accuracy, completeness, or timeliness.

9Data Privacy and CCPA Compliance

9.1. Data Collection: We collect and process certain personal information necessary to provide the Service, including your name, email address, payment information, and usage data. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2. California Consumer Privacy Act (CCPA) Rights: If you are a California resident, you have certain rights under the California Consumer Privacy Act, including:

• The right to know what personal information we collect, use, disclose, and sell.
• The right to request deletion of your personal information, subject to certain exceptions.
• The right to opt-out of the sale of personal information (note: we do not sell personal information).
• The right to non-discrimination for exercising your CCPA rights.

9.3. Exercising Your Rights: To exercise your CCPA rights, please contact us at contact@loanofficerintelligence.com. We will respond to verified requests within 45 days as required by law.

9.4. Data Retention: We retain your account information and usage data for as long as your account is active. Upon cancellation or termination, your data will be retained for up to sixty (60) days and may be deleted thereafter, subject to our legal obligations and legitimate business interests.

9.5. Data Security: We implement reasonable administrative, technical, and physical security measures to protect your personal information. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

10Disclaimers and Warranties

10.2. Data Accuracy Disclaimer: We rely on third-party data providers who aggregate property records from individual counties. Due to the nature of this data aggregation process:

• Property records may be incomplete, inaccurate, or outdated.
• Errors may exist in ownership information, lien records, valuations, or other data points.
• We make no representations or warranties regarding the accuracy, reliability, or completeness of any data provided through the Service.

10.4. Professional Judgment: The Service is designed to support, not replace, your professional judgment and expertise. You remain solely responsible for all business decisions and interactions with borrowers.

10.5. Automated Valuation Models (AVMs): Any automated valuation estimates provided through the Service are for informational purposes only and should not be relied upon as appraisals or determinations of actual market value. Actual property values may vary significantly.

10.6. No Guaranteed Uptime: While we strive for 99% uptime, we do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free. Service interruptions may occur due to maintenance, upgrades, or circumstances beyond our control.

10.7. Third-Party Services: The Service may integrate with or rely upon third-party services (including payment processors, data providers, and hosting platforms). We are not responsible for the availability, accuracy, or performance of any third-party services.

11Limitation of Liability

11.3. No Liability for Third-Party Data: We are not liable for any damages arising from inaccuracies, errors, or omissions in property data provided by third-party data sources, including ATTOM Data Solutions®.

11.4. Service Interruptions: We are not liable for any damages resulting from service outages, downtime, maintenance, or unavailability of the Service, including but not limited to lost business opportunities during critical times.

11.5. User Conduct: We are not liable for any damages arising from your misuse of the Service, violation of these Terms, or violation of applicable laws or regulations.

11.6. Essential Purpose: Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights. However, in such cases, our liability shall be limited to the fullest extent permitted by applicable law.

12Indemnification

12.1. Your Indemnification Obligations: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or fair lending laws.
• Any claim that your use of the Service or reliance on data provided through the Service caused harm to a third party.
• Your sharing of login credentials or other breach of account security provisions.

12.2. Defense of Claims: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

13Dispute Resolution and Arbitration

13.2. Arbitration Procedures:

• The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules.
• The arbitration shall take place in Sacramento County, California, or another location mutually agreed upon by the parties.
• The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise based on applicable law.

13.4. Exceptions to Arbitration: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.5. Small Claims Court: Either party may bring an individual action in small claims court in lieu of arbitration if the claim qualifies for small claims court jurisdiction.

13.6. Opt-Out Right: You have the right to opt-out of this arbitration provision by sending written notice of your decision to opt-out to contact@loanofficerintelligence.com within thirty (30) days of first accepting these Terms. If you opt-out, all other provisions of these Terms will continue to apply.

14Governing Law and Jurisdiction

14.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

14.2. Venue: To the extent any dispute is not subject to arbitration under Section 13, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction of such courts.

14.3. Federal Arbitration Act: Notwithstanding Section 14.1, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in Section 13.

15Force Majeure

15.1. Excused Performance: Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, fires, floods, earthquakes, or severe weather.
• War, terrorism, civil unrest, riots, or government actions.
• Strikes, labor disputes, or supply chain disruptions.
• Failures or outages of third-party services, including ATTOM Data Solutions®, Stripe, Supabase, Vercel, or other providers.
• Cyberattacks, data breaches, or other security incidents.
• Power outages, hardware failures, or other technical malfunctions beyond our reasonable control.

15.2. Notice and Mitigation: The party affected by a force majeure event shall promptly notify the other party and use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

15.3. Extended Force Majeure: If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate these Terms upon written notice to the other party. In such case, you will receive a pro-rata refund of any prepaid fees for the unused portion of your subscription.

16Modifications to Terms

16.1. Right to Modify: We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice by sending an email to the address associated with your account and/or posting a notice on our website or within the Service.

16.2. Effective Date of Changes: Modified Terms will become effective thirty (30) days after notice is provided, except for changes to pricing, which will be governed by Section 5.5.

16.3. Acceptance of Changes: Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must cancel your subscription before the effective date.

17Termination

17.1. Termination by User: You may terminate these Terms at any time by canceling your subscription as described in Section 6.1.

17.2. Termination by Company: We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms, non-payment of subscription fees, fraudulent or abusive activity, or our determination that your use poses a security or legal risk.

17.3. Effect of Termination: Upon termination, your right to access and use the Service will immediately cease, you will not be entitled to any refund, and your account data may be deleted after sixty (60) days.

17.4. Survival: Sections 8 (Intellectual Property Rights), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Arbitration), 14 (Governing Law), and any other provisions that by their nature should survive termination, shall survive the termination of these Terms.

18General Provisions

18.1. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or policies published on our website, constitute the entire agreement between you and the Company regarding the Service.

18.2. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.4. Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

18.5. Notices: All notices to you under these Terms may be delivered by email to the address associated with your account. Notices to us should be sent to:

18.6. Electronic Signatures: You agree that your electronic acceptance of these Terms constitutes your electronic signature and has the same legal effect as a handwritten signature.

19Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at: