Draft — pending counsel review. This Agreement reflects the LoanIQ platform's intended contractual framework. Before the Service accepts paying customers in production, it must be reviewed and finalized by licensed counsel familiar with SaaS contract law, GLBA / FTC Safeguards Rule (16 CFR Part 314), Fannie Mae LL-2026-04, ECOA Regulation B, and Texas state law.

Terms of Service

Effective: [DATE] · Last updated: [DATE] · Version 2.0

These Terms of Service ("Terms" or "Agreement") govern your access to and use of the LoanIQ platform at myloaniq.ai and related domains, including income.myloaniq.ai, lola.myloaniq.ai, compare.myloaniq.ai, calculator.myloaniq.ai, and admin.myloaniq.ai (collectively, the "Service"). The Service is operated by Mortgage Dude Holdings, LLC, a Texas limited liability company ("MDH," "we," "us," or "our"). The party accepting these Terms — typically a licensed loan officer, originator, or mortgage company — is the "Customer" or "you."

By creating an account, subscribing to a paid plan, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are accepting these Terms on behalf of an entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

1. The Service

LoanIQ provides the following tools to mortgage loan officers and originators:

  • Calculator — PITI, APR, amortization, and closing-cost computation, available as a hosted tool and as an embeddable script for your website.
  • Income Calculator + Income OCR — manual qualifying-income calculation following Fannie Form 1084 conventions, plus AI-assisted OCR import of borrower tax returns, paystubs, and bank statements (the "Income OCR" feature).
  • Loan Comparison — side-by-side scenario comparisons with borrower-facing share links.
  • Scenario Desk — AI-assisted guideline retrieval and scenario triage ("Lola").
  • Admin — administrative configuration of users, guidelines, and Lola system instructions.

The Service is informational. Nothing in LoanIQ constitutes a loan commitment, a Loan Estimate under Regulation Z, an underwriting decision, or a pre-approval. All loan programs are subject to underwriter approval and investor overlays, and all qualifying-income figures are subject to underwriter confirmation.

2. Accounts

You must be at least 18 years old and legally able to form a binding contract. You are responsible for your account credentials and all activity under your account. Notify us immediately at austen@austensmith.com if you suspect unauthorized access.

If you are using the Service in connection with mortgage origination, you represent and warrant that you hold a valid NMLS license (or are otherwise lawfully authorized to originate or process mortgage loans), and that you are authorized to operate in the states where you transact.

3. Subscriptions & billing

Paid plans are billed monthly or annually in advance through Stripe. Subscription fees are non-refundable except where required by law, but you may cancel at any time and will not be charged for subsequent billing periods.

We may adjust pricing with at least 30 days' written notice via email. Price changes apply at your next renewal.

Taxes (sales, use, VAT, or similar) are your responsibility unless otherwise stated.

4. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated by reference into these Terms. Violation of the Acceptable Use Policy is a material breach of this Agreement.

5. Your content; data processing

You retain ownership of all content you upload or enter into the Service (scenarios, client records, fee templates, notes, borrower documents, etc.). You grant us a limited license to host, process, and display that content solely to operate the Service for you and your authorized users.

To the extent your content includes non-public personal information ("NPI") protected under GLBA — including borrower tax returns, paystubs, and bank statements you upload to Income OCR — MDH processes that NPI as your service provider under our Data Processing Addendum ("DPA"), which is incorporated by reference into these Terms. You remain the GLBA-covered "financial institution" with respect to your borrowers; MDH is not the financial institution and does not own the borrower relationship.

You are responsible for the accuracy of content you enter and for obtaining any required consent from third parties (including borrowers) whose information you input.

6. AI-generated content

The Scenario Desk, Income OCR, Ask Lola, email drafting, and other AI-powered features use one or more large language models (currently Anthropic Claude). AI-generated output is provided as informational assistance. It is not legal, compliance, regulatory, or underwriting advice. You remain the licensed mortgage professional responsible for every scenario decision, qualifying-income determination, guideline interpretation, and borrower communication. Specific terms governing AI use, including disclosures regarding model retention and tool-schema data minimization, are set out in our AI/ML Use Disclaimer, incorporated by reference.

7. Intellectual property

The Service — including its software, design, trade dress, and brand — is owned by MDH and protected by copyright, trademark, and other intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription. No other rights are granted, and no rights are granted to the underlying source code, retrieval index contents, or model weights.

8. Third-party services and sub-processors

LoanIQ integrates with third-party services, including Anthropic (LLM provider), Google Cloud Vision (OCR for the Income OCR feature), Pinecone (vector retrieval), Google Cloud / Firebase (hosting, authentication, storage), Stripe (billing), and email providers. Your use of those services through LoanIQ is subject to their respective terms. We are not responsible for outages, changes, or behavior of third-party services. The current sub-processor list is published in the DPA and updated per the DPA's notification cadence.

9. Service levels and availability

The Service is provided on a commercially reasonable best-efforts basis. We do not commit to a specific uptime percentage in this Agreement; our planned approach to incident response is described in our information security policy referenced in the DPA. We may schedule maintenance windows with reasonable advance notice where practicable.

10. Warranties & disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL — ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

The above limitations do not apply to your indemnification obligations under Section 12, your breach of confidentiality, infringement of MDH's intellectual property, or amounts owed under the DPA's data-incident provisions.

12. Indemnification

You agree to defend, indemnify, and hold harmless MDH, its members, managers, affiliates, employees, and contractors from any third-party claim, loss, damage, liability, or expense (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your content, (c) your violation of these Terms or the Acceptable Use Policy, or (d) your violation of any applicable law or third-party right (including borrower rights under GLBA, ECOA, FCRA, or state law).

13. Termination

You may cancel your subscription at any time. We may suspend or terminate your account if you materially breach these Terms or the Acceptable Use Policy, fail to pay, or use the Service in a way that we reasonably determine harms us, our other users, or any third party. On termination, your license to use the Service ends. Data export and deletion follow the schedule in the DPA.

Sections that by their nature should survive termination (including 5, 6, 7, 10, 11, 12, 13, and 14) survive termination.

14. Governing law & disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction there. You waive the right to a jury trial.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced via email and posted here with a new Effective Date. Continued use after the change constitutes acceptance. If you do not agree to an updated version, you must stop using the Service before the updated version takes effect.

16. Contact

Mortgage Dude Holdings, LLC
Attn: Legal
[Mailing Address — to be added]
Austin, Texas
Email: austen@austensmith.com
Phone: (512) 773-6729

By using LoanIQ, you acknowledge that you have read, understood, and agreed to these Terms, the Data Processing Addendum, the Acceptable Use Policy, the AI/ML Use Disclaimer, and the Privacy Policy.