Effective Date: March 1, 2025

These Terms of Service (“Terms”) govern your access to and use of the MtgBroker.app and mtg.broker websites, web applications, mobile applications, and SaaS platform (collectively, the “Service”), operated by MTGBroker, LLC (“MtgBroker,” “Mtg.Broker,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility & Acceptance of Terms

1.1 Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By accessing or using the Service, you represent and warrant that you meet these requirements.

1.2 Acceptance of Terms
By creating an account, accessing, or using any part of the Service, you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” and “your” will refer to that entity.

2. Changes to Terms

We may modify these Terms from time to time. When we do, we will update the “Effective Date” above and may provide notice through the Service or by email.

Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Service.

3. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, share, and protect your information. The Privacy Policy is incorporated into these Terms by reference.

Please review the Privacy Policy carefully before using the Service.

4. Your Account

4.1 Account Creation
You may need to create an account to access certain features of the Service. You agree to:

  • Provide accurate, current, and complete information;

  • Keep your login credentials confidential; and

  • Notify us promptly of any unauthorized use of your account.

4.2 Responsibility for Activity
You are responsible for all activity that occurs under your account, whether or not you authorized it. We are not liable for any loss or damage arising from unauthorized use of your account if you fail to safeguard your credentials.

5. Subscription, Payments & Billing

Some features of the Service may require a paid subscription or other fees.

5.1 Billing

  • Subscription fees and other charges are billed using our third-party payment processor (e.g., Stripe).

  • By subscribing or purchasing, you authorize us and our payment processor to charge your selected payment method on a recurring or one-time basis, as applicable.

5.2 Auto-Renewals

  • Subscription plans typically renew automatically at the end of each billing period unless you cancel before the renewal date.

  • You can manage or cancel your subscription through your account settings or as otherwise described in the Service.

5.3 Cancellations & Refunds

  • You may cancel your subscription at any time.

  • Upon cancellation, you will retain access to paid features until the end of the current billing period.

  • Fees paid are non-refundable, except where required by law or expressly stated otherwise in writing.

5.4 Pricing Changes

  • We may modify subscription fees or other charges from time to time.

  • We will provide notice of pricing changes in advance, and changes will apply beginning with your next billing cycle.

  • If you do not agree to the new pricing, you must cancel your subscription before the new rates take effect.

6. Acceptable Use & Prohibited Activities

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations.

You agree not to:

  • Use the Service for any unlawful, fraudulent, or harmful purpose.

  • Access or attempt to access any data or systems without authorization.

  • Upload, transmit, or distribute any viruses, malware, or other harmful code.

  • Interfere with or disrupt the operation, security, or integrity of the Service.

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.

  • Copy, distribute, sell, resell, or exploit any part of the Service for commercial purposes beyond the license granted in these Terms.

  • Use the Service to send unsolicited or unauthorized advertising, promotional materials, or spam.

  • Misrepresent loan information, borrower information, professional credentials, or your affiliation with any entity.

  • Use the Service in a way that violates consumer protection, privacy, lending, or financial regulations.

We may suspend, restrict, or terminate your access to the Service if we believe, in our discretion, that you have violated these Terms or engaged in improper use of the Service.

7. Mortgage Industry & Professional Disclaimers

7.1 Not a Lender, Broker, or Advisor
MtgBroker is a software tool, not a lender, mortgage broker, financial advisor, legal advisor, or compliance consultant. Nothing in the Service constitutes:

  • A loan approval or underwriting decision;

  • A commitment to lend;

  • Financial, tax, legal, or compliance advice.

7.2 Informational Tools Only

  • All calculators, tools, guidelines, and content are provided for informational and illustrative purposes only.

  • You are solely responsible for verifying current loan guidelines, rates, underwriting requirements, and compliance obligations with the appropriate lenders, investors, agencies, and regulatory bodies (e.g., Fannie Mae, Freddie Mac, FHA, VA, USDA, state regulators, etc.).

7.3 No Guarantee of Accuracy

  • We do not guarantee the accuracy, completeness, or timeliness of third-party content, lender information, rate data, matrices, or vendor listings displayed in or accessed through the Service.

  • You acknowledge that all decisions made based on information from the Service are made at your own risk.

7.4 Professional Responsibility
You are solely responsible for:

  • Ensuring that your use of the Service complies with all applicable federal, state, local, and industry rules and regulations;

  • Verifying all borrower information and loan structure;

  • Providing required disclosures, notices, and documentation to borrowers and other parties.

8. Third-Party Services & Integrations

The Service may integrate or interact with third-party platforms, products, or services (such as payment processors, CRM systems, lender portals, or other vendor tools).

You acknowledge and agree that:

  • These third-party services are not controlled by us and are provided by independent providers.

  • Your use of third-party services is subject to their own terms, conditions, and privacy policies.

  • We are not responsible for the availability, performance, accuracy, or security of third-party services.

  • We may enable, change, or disable integrations at any time, with or without notice.

9. Intellectual Property

9.1 Ownership
All content, software, documentation, databases, design, logos, graphics, trademarks, and other materials available through the Service are owned by MtgBroker or our licensors and are protected by intellectual property laws.

9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal, professional purposes, solely in accordance with these Terms.

9.3 Restrictions
You may not:

  • Copy, modify, distribute, sell, lease, or create derivative works based on the Service or its content (except where expressly permitted).

  • Remove or alter any copyright, trademark, or proprietary notices.

  • Use MtgBroker’s trademarks, logos, or branding without our prior written permission.

10. User Content & Data

10.1 User Content
You may submit or upload content through the Service, including loan scenarios, borrower data, notes, documents, and other information (“User Content”).

You represent and warrant that:

  • You have all necessary rights, permissions, and authority to submit the User Content;

  • Your User Content does not infringe or violate any third-party rights or applicable laws;

  • You will handle personally identifiable information (PII) and financial data in compliance with all applicable laws and regulations.

10.2 License to MtgBroker
You grant MtgBroker a non-exclusive, worldwide, royalty-free license to host, store, process, and display your User Content solely as necessary to operate, maintain, and improve the Service.

10.3 Data Retention & Deletion
We may retain or delete User Content in accordance with our Privacy Policy and internal data retention practices. We are not obligated to maintain copies of your User Content after account termination, except as required by law.

11. Security

We implement commercially reasonable technical and organizational measures designed to protect the security of the Service and your data. However:

  • No method of transmission over the internet or electronic storage is 100% secure.

  • We cannot guarantee absolute security of the Service or any information you provide.

  • You are responsible for implementing appropriate security measures within your own systems, including protecting your login credentials and devices.

If you believe your account or data has been compromised, you should notify us immediately.

12. Termination & Suspension

12.1 By Us
We may suspend or terminate your access to the Service, with or without notice, if:

  • You violate these Terms;

  • You fail to pay any required fees;

  • We suspect fraudulent, abusive, or unlawful activity;

  • We decide to discontinue the Service in whole or in part.

12.2 By You
You may stop using the Service at any time and may cancel any subscription through your account or as otherwise described in the Service.

12.3 Effect of Termination
Upon termination for any reason:

  • Your license to use the Service will immediately cease;

  • Your access to your account and data may be disabled;

  • We may delete or retain your data consistent with our Privacy Policy and legal obligations.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

  • ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

  • ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA (INCLUDING LENDER GUIDELINES, RATES, OR THIRD-PARTY INFORMATION).

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • MTGBROKER, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.

15. Indemnification

You agree to indemnify, defend, and hold harmless MtgBroker, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • Your use of the Service;

  • Your violation of these Terms;

  • Your User Content;

  • Your handling of borrower data, loan information, or other sensitive information;

  • Your violation of any applicable law, regulation, or third-party rights.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in or serving Pensacola, Florida, and you consent to the personal jurisdiction and venue of such courts.

17. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and MtgBroker regarding the Service.

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

  • No Waiver: Our failure to enforce any right or provision in these Terms will not be deemed a waiver of such right or provision.

  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

18. Contact Information

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

By using MtgBroker.app or mtg.broker, you confirm that you have read, understood, and agree to be bound by these Terms of Service.