Customer Terms of Service

These terms are an agreement between Lomatico LLC, a California company ("Lomatico", "we", "us"), and the business that accepts them ("Customer", "you"). They govern your use of the Lomatico software and every order you place for it.

Read them before you accept. If you accept on behalf of a company, you confirm that you have authority to bind it.

1. Definitions

• Agreement means these terms, the Data Protection and Security Addendum (the "DPA"), the Acceptable Use Policy (the "AUP"), and every Order. If they conflict, an Order controls for the subject it covers, then the DPA for the processing of Customer Data, then these terms, then the AUP.
• Order means a signed order form, or a purchase you complete through Lomatico's online checkout, that references these terms.
• Service means the Lomatico software and the hosted platform we provide under an Order, including its public tool pages, drafting, approval, delivery records and evidence export.
• User means a person you allow to use the Service under your account. An Officer is a User who is a mortgage loan originator and whose name and NMLS number may appear on what the Service publishes or sends.
• Seat means an Officer account that is not deactivated during the billing month.
• Customer Data means data that you or your Users put into the Service, or that the Service collects on your behalf, including information about consumers, borrowers, past clients and partner agents, and the consent, opt-out and delivery records that relate to them.
• Third-Party Service means a service the Service connects to that we do not operate, including Twilio, Resend, Follow Up Boss, Arive, Facebook, Anthropic and Stripe.

2. What Lomatico is, and what it is not

2.1 Lomatico is software. It helps loan officers publish tool pages, keep records of consumers and partners, prepare drafts, and send messages that a person has approved.

2.2 Lomatico is not a lender, broker, creditor, loan originator or settlement service provider. We do not take loan applications, make or arrange loans, or negotiate loan terms.

2.3 Lomatico makes no credit decision. Nothing in the Service approves, denies, qualifies, pre-qualifies or determines the eligibility of any person, and nothing in it quotes, offers, locks or guarantees a rate or a term. The calculators on tool pages perform arithmetic on figures that a reader or an Officer enters. Their results are estimates, and the page says so.

2.4 Lomatico gives no lending, legal, tax or compliance advice. Documentation, product copy, the Trust page and anything our staff say describe how the software behaves. They are not advice about whether your use of it is lawful. You should obtain your own professional advice.

3. Your account and your Users

3.1 You are responsible for your Users, for everything done under your account, and for keeping sign-in credentials confidential. Tell us promptly at lomaticosupport@gmail.com if you suspect unauthorised access.

3.2 You will give us accurate information about your company and your Officers, including legal names, NMLS numbers and the states in which each is licensed, and keep it current. We check that information by hand before we set up an account, and we may decline or delay set-up until we can. A payment does not by itself create an account.

3.3 You will allow only Officers who hold the licences your use requires to publish or send under their names, and only in the states where they are licensed.

4. You are the sender

4.1 Every email the Service sends goes out under your name or an Officer's name, on your approval. An approval is either a tap on a specific draft or a signature on a play's fixed words. A signature on fixed words covers every send of exactly those words under that Officer's name until it is withdrawn. If the words change, the signature no longer applies and sends stop until someone reads and signs the new words.

4.2 Text messaging is off for every customer. If it is offered and turned on for your company, its assistant can send texts in the voice your company sets without an approval of each message. That happens only if your Order says so, and only after A2P registration and our launch checks for texting have passed.

4.3 You alone are responsible for the lawfulness of what you send and publish, and of how you obtained the people you send it to. That includes, without limitation:

• consent and opt-out handling under the Telephone Consumer Protection Act, state telemarketing and "mini-TCPA" laws, and the CAN-SPAM Act;
• A2P 10DLC registration and carrier rules for any text messaging;
• mortgage licensing, and the display of NMLS numbers and other licensing information wherever a law or regulator requires it;
• advertising rules, including Regulation Z, Regulation N and state mortgage advertising rules;
• RESPA Section 8, and fair lending laws, including the Equal Credit Opportunity Act and the Fair Housing Act; and
• keeping records for as long as the laws that apply to you require.

4.4 The Service provides tools that can help, such as consent capture, suppression lists, approval records and an evidence export. Providing those tools does not make us responsible for whether your use complies with the law, and we do not review your messages, your lists or your pages for that purpose.

5. AI drafts are suggestions

Some features use an artificial intelligence model to suggest wording or summaries. An email is not sent unless a person approves it as described in section 4.1. Text messaging, which is off, is the only part of the Service built to send an assistant's words without that approval (section 4.2). The approval is your act, and the Service records who approved, what words, which version and when, so that you can prove it. You are responsible for reading what you approve.

6. Third-Party Services and what we do not guarantee

6.1 The Service depends on Third-Party Services. Each is governed by its own terms between you, or us, and that provider. Text messaging runs on your own Twilio account, and Twilio bills you directly for it.

6.2 We do not guarantee leads, referrals, applications, closed loans or any business result; the deliverability of any message; acceptance of any message by a carrier or mailbox provider; approval of any A2P registration; or the availability, accuracy or conduct of any Third-Party Service.

7. Fees and payment

7.1 Fees. You will pay the fees stated in your Order or shown at checkout. Unless an Order says otherwise, fees are a monthly platform fee and a monthly fee for each Seat.

7.2 Fees are flat. Fees never vary with, and are never calculated by reference to, the number or value of referrals, consumers, leads, applications, loans closed or funded, or any settlement service. Nothing paid under this Agreement is payment for the referral of settlement service business, and no part of any fee is contingent on any such business.

7.3 Billing. The Service is month to month. Fees are billed in advance at the start of each billing month. An Officer account added during a billing month counts as a Seat for that month and is charged on the next invoice. An Officer account deactivated before a billing date is not billed for the month that starts on that date.

7.4 Pilot pricing. A pilot or promotional price applies only for the period and to the Seats stated at the time you accept it. When that period ends, the price in effect for your plan applies unless you cancel first.

7.5 No refunds. Fees are not refunded for a partial month, for unused Seats, or for a month in which you did not use the Service, except where this Agreement or the law requires otherwise.

7.6 Cancellation. You may cancel at any time through the billing portal, where it is offered, or by notice to us. Cancellation takes effect at the end of the billing month in which you cancel, and you will not be billed again.

7.7 Failed payments. If a payment fails, we will tell you. If it is still unpaid ten days after that notice, we may suspend the Service until it is paid. Suspension does not delete Customer Data.

7.8 Price changes. We will give you at least 30 days' notice of any change to your fees. The change takes effect at your first billing date after the notice period ends.

7.9 Taxes. Fees do not include taxes. You are responsible for sales, use, value-added and similar taxes on your purchases, other than taxes on our income.

7.10 Payment processing. Payments are processed by Stripe. We do not receive or store your full card or bank account numbers.

8. Customer Data

8.1 You own Customer Data. You grant us a limited right to host, copy, transmit and process it only to provide, secure and support the Service for you, as the DPA describes, and as you instruct.

8.2 We never sell Customer Data, and we do not use it to train artificial intelligence models.

8.3 We may compile statistics about use of the Service that do not identify you, any User or any consumer, and use them to operate and improve the Service.

8.4 You are responsible for having the right to give us Customer Data, for the notices and consents that its collection and use require, and for your own privacy policy for consumers.

8.5 On termination, you may export Customer Data for 30 days using the Service's export tools or by asking us. After that window, we delete it as the DPA describes.

9. Acceptable use

You will use the Service only in accordance with the AUP, which is part of this Agreement.

10. Confidentiality

Each party will keep the other's non-public business, technical and financial information confidential, use it only to perform this Agreement, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already knew or developed independently, or that it received lawfully from someone else. A party may disclose confidential information where the law requires, after giving the other notice where the law allows.

11. Intellectual property

11.1 We own the Service, its software, templates and documentation, and all improvements to them. Subject to this Agreement and payment of fees, you may use the Service for your internal business during your subscription.

11.2 You grant us a limited right to display your names, logos and licence details in the pages and messages the Service produces for you.

11.3 You will not copy, modify, resell or reverse engineer the Service, except as the law expressly permits despite this restriction.

11.4 Feedback. If you give us suggestions or feedback, we may use them without restriction or obligation to you.

12. Pilot and beta features

Features we label pilot, beta, preview or early access are provided as is, may change or end at any time, and are excluded from any commitment in this Agreement.

13. Publicity

Neither party will name the other publicly, or use the other's name or logo in marketing, without the other's prior written consent.

14. Warranties and disclaimers

14.1 Each party confirms that it has the authority to enter into this Agreement.

14.2 Except as stated in section 14.1, the Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free or secure, or that any message will be delivered.

15. Indemnities

15.1 By you. You will defend us and our personnel against any third-party claim, and pay the damages, fines, penalties, settlements and reasonable costs and legal fees that result, to the extent the claim arises from: your contacts, lists or Customer Data; the consent, or lack of it, of anyone you send to; the messages you or your Users approve and the pages you publish; your violation of any law; or your breach of the AUP.

15.2 By us. We will defend you against any third-party claim that the Service, as we provide it and used in accordance with this Agreement, infringes a United States patent, copyright or trademark or misappropriates a trade secret, and pay the damages and costs finally awarded or agreed in settlement. We have no obligation for a claim arising from Customer Data, from your modifications, from a combination with anything we did not provide, from a Third-Party Service, or from use after we told you to stop. If such a claim occurs or is likely, we may modify the Service so it does not infringe, obtain the right for you to continue using it, or end your subscription and refund fees you prepaid for the period after it ends. This section states our entire obligation for infringement claims.

15.3 Procedure. The party seeking a defence will notify the other promptly, give it sole control of the defence and settlement (a settlement that imposes an obligation on the indemnified party needs its consent), and cooperate reasonably at the defending party's expense.

16. Limitation of liability

16.1 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or goodwill, even if told they were possible.

16.2 Each party's total liability arising out of or relating to this Agreement is limited to the fees you paid us in the 12 months before the event that gave rise to the liability.

16.3 Sections 16.1 and 16.2 do not limit your obligation to pay fees, or your obligations under section 15.1.

17. Suspension

We may suspend the Service, in whole or for particular Users or features, if we reasonably believe it is needed to address legal risk to you, us or consumers; a complaint from a consumer, carrier, provider or regulator; a threat to the security or integrity of the Service; a breach of the AUP; or non-payment under section 7.7. We will give notice where we reasonably can, limit the suspension to what is needed, and restore the Service when the reason ends.

18. Term and termination

18.1 This Agreement starts when you accept it and continues until every Order has ended.

18.2 You may cancel as section 7.6 describes. We may end this Agreement on 30 days' notice. Either party may end it on notice if the other materially breaches it and does not cure the breach within 30 days of being told.

18.3 On termination, your right to use the Service ends, fees owed up to the effective date remain payable, and the export window in section 8.5 applies. Sections 1, 2, 4, 6.2, 7 (as to amounts owed), 8.5, 10, 11, 14.2, 15, 16, 18.3 and 20 survive.

19. Changes to these terms

We may change these terms by giving you at least 30 days' notice before the change takes effect. Each version is published with its version number, its effective date and a SHA-256 hash of its text, and earlier versions remain available to read. If you do not agree to a change, you may cancel before it takes effect. Continuing to use the Service after a change takes effect is acceptance of it.

20. General

20.1 Acceptance. Accepting these terms by clicking, by completing checkout, or by electronic signature binds you as fully as a handwritten signature.

20.2 Assignment. Neither party may assign this Agreement without the other's written consent, except to a successor in a merger, acquisition or sale of substantially all of its relevant business, on notice.

20.3 Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including failures of Third-Party Services, utilities or networks, other than an obligation to pay.

20.4 Notices. Notices to us go to lomaticosupport@gmail.com and to 18745 Avenida Cordillera, San Diego, CA 92128. Notices to you go to the email address on your account. A notice by email is given when it is sent, unless the sender receives an error.

20.5 Governing law and venue. This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. The state and federal courts located in California have exclusive jurisdiction.

20.6 Entire agreement. This Agreement is the parties' entire agreement on its subject and replaces any earlier agreement or understanding on it. Terms in a purchase order or similar document you send do not apply.

20.7 Severability and waiver. If a provision is unenforceable, it is enforced to the maximum extent possible and the rest remains in effect. A failure to enforce a provision is not a waiver of it.

20.8 Relationship. The parties are independent contractors. This Agreement creates no partnership, agency or employment relationship and no third-party beneficiaries.