Platform Agreement

1. Important Terms

1.1 Agreement

This Platform Agreement (the “Agreement”) is between Fintor, Inc. (“Fintor”, “we”, “us”, or “our”) and You and governs Your use of the Service. If You are using the Service on behalf of another entity (such as your employer), You must have the authority to accept these Terms on their behalf.

1.2 Acceptance

By using the Service, the parties are agreeing to (i) this Agreement, (ii) our Acceptable Use Policy, (iii) our Service Level Terms, (iv) our Security Addendum, (v) our Data Processing Addendum, and (vi) where executed by the parties, any additional addenda (collectively, the “Terms”).

1.3 Updates

Fintor may update the Terms from time–to–time with all updates being effective when posted on our website. Fintor will provide notice of any material update at least 15 days in advance. Such updates are not retroactive but will govern Your continued use of the Service.

1.4 AI Disclaimer

THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE TO ASSIST WITH MORTGAGE OPERATIONS. AI–GENERATED OUTPUT MAY CONTAIN ERRORS AND SHOULD BE REVIEWED BY QUALIFIED PERSONNEL. THE SERVICE IS A TOOL TO ASSIST, NOT REPLACE, HUMAN JUDGMENT AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, OR LENDING ADVICE.

2. Definitions

• “AI Agents” means the autonomous artificial intelligence systems provided through the Service that perform mortgage operations tasks including but not limited to document processing, verification, compliance checks, and borrower communication.
• “Confidential Information” means all information identified as confidential at the time of disclosure or reasonably understood to be confidential. Customer Data and Content are Your Confidential Information.
• “Content” means Input and Output collectively.
• “Customer Data” means documents, loan files, borrower information, and other data uploaded to the Service.
• “Input” means queries, instructions, or data provided by a user to the Service.
• “LOS” means Loan Origination System.
• “Output” means the results, actions, or responses provided by the Service in response to Input.
• “Service” means Fintor’s AI–powered mortgage automation platform, including all AI Agents, features, functionalities, integrations, and components as described in our Documentation.

3. Usage

3.1 License Grant

Subject to the Terms, Fintor grants You and Your Affiliates a non–exclusive right to use the Service pursuant to the Documentation. Access credentials are specific to the user to whom they are issued and may not be shared.

3.2 Restrictions

You may not (i) use the Service in a way that infringes any person’s rights, (ii) attempt to reverse engineer the Service or underlying AI models, (iii) use automated means to scrape content from the Service, (iv) share access credentials, or (v) use the Service in violation of applicable mortgage regulations.

3.3 Integrations

The Service may integrate with Your LOS, CRM, and other third–party systems. You are responsible for ensuring proper authorization for such integrations. Fintor is not responsible for third–party system performance or availability.

3.4 Human–in–the–Loop

The Service is designed for human–in–the–loop operations. You are responsible for maintaining appropriate human oversight of AI Agent actions and reviewing Output before making lending decisions.

4. Content and Customer Data

4.1 Ownership

As between the parties, You retain all right, title, and interest in Your Content and Customer Data. You grant Fintor a non–exclusive, royalty–free right to process Customer Data and Input solely to provide the Service.

4.2 No Training

Fintor will not train any AI models using Your Content or Customer Data. Our subprocessors will not train any AI models using Your Content or Customer Data.

4.3 Data Retention

Customer Data is retained in accordance with Your configured retention settings. Upon termination, Fintor will securely delete Customer Data within 30 days unless otherwise instructed or required by law.

4.4 Usage Data

Fintor may collect and use aggregated, anonymized usage data to improve the Service. Such data will not identify You or include Your Confidential Information.

5. Regulatory Compliance

5.1 Mortgage Regulations

The Service includes features designed to support compliance with applicable mortgage regulations including TCPA, FDCPA, RESPA, TILA, ECOA, and state–specific lending laws. However, You remain solely responsible for ensuring Your use of the Service complies with all applicable laws and regulations.

5.2 Auditability

The Service maintains detailed audit logs of AI Agent actions. You may access these logs through the Service dashboard. Fintor will cooperate with reasonable audit requests related to Your use of the Service.

5.3 Data Privacy

Processing of personal data is governed by the Data Processing Addendum. Fintor maintains compliance with applicable data protection laws including GLBA, CCPA, and where applicable, GDPR.

6. Fees and Payment

6.1 Fees

Payment terms and fees are as set forth in Your order form(s). Fees are exclusive of taxes. You are responsible for all applicable taxes except taxes on Fintor’s net income.

6.2 Late Payment

Undisputed amounts past due may be subject to a finance charge of 1.5% per month. If amounts remain unpaid, Fintor may suspend access to the Service after providing written notice.

7. Term and Termination

7.1 Term

These Terms take effect as of the Effective Date and remain in effect until terminated.

7.2 Termination for Breach

Either party may terminate if the other party fails to cure a material breach within 30 days after written notice.

7.3 Effect of Termination

Upon termination, Your access to the Service will cease. You remain obligated to pay any unpaid Fees. Fintor will delete Customer Data within 30 days unless otherwise instructed.

8. Warranties and Disclaimers

8.1 Customer Warranties

You warrant that (i) You have the necessary rights in Your Customer Data and Input, (ii) Your use of the Service will comply with applicable laws, and (iii) You will maintain appropriate human oversight of AI Agent actions.

8.2 Fintor Warranties

Fintor warrants that (i) the Service will conform in all material respects with the Documentation, (ii) the Service will be provided in a professional manner, and (iii) provision of the Service will comply with applicable laws.

8.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED “AS IS” AND FINTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FINTOR DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR–FREE OR UNINTERRUPTED.

9. Limitation of Liability

Exclusion of Consequential Damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR BUSINESS INTERRUPTION.

10. Indemnification

10.1 By Fintor

Fintor will defend You against claims that the Service infringes third–party intellectual property rights and indemnify You for resulting damages.

10.2 By You

You will defend Fintor against claims arising from Your Input, Customer Data, or Your violation of these Terms.

11. Confidentiality

Each party will use reasonable care to protect the other’s Confidential Information and will not use such information except as necessary to perform under these Terms. Confidentiality obligations survive termination for three years.

12. Security

Fintor maintains industry–standard security measures as described in the Security Addendum, including encryption at rest and in transit, access controls, audit logging, and regular security assessments. Fintor maintains SOC 2 Type II compliance.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of California without regard to conflicts of law principles.

13.2 Arbitration

Any dispute will be resolved by binding arbitration in San Francisco, California under JAMS Streamlined Arbitration Rules.

13.3 Assignment

Neither party may assign these Terms without consent, except Fintor may assign in connection with a merger or acquisition.

13.4 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements.

13.5 Notices

Notices must be in writing. For Fintor: [email protected]. For You: the email address associated with Your account.

13.6 Force Majeure

Neither party is liable for delays caused by circumstances beyond reasonable control.

13.7 Severability

If any provision is unenforceable, it will be modified to the minimum extent necessary.