Terms of Service

A. Your Account

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Be at least 18 years of age
• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

B. Description of Services

LendlyX provides a software platform designed to help real estate borrowers and lenders:

• Analyze fix-and-flip and investment property deals
• Compare lending terms and financing options
• Manage rehab scopes, timelines, and budgets
• Submit, review, and approve draw requests
• Collaborate with lenders, borrowers, and inspectors

The Services are provided "as is" and "as available." We continuously work to improve and expand our offerings, which may result in changes to features and functionality.

C. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for fraudulent or deceptive purposes
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated means to access the Services without our permission
• Impersonate any person or entity, or misrepresent your affiliation
• Collect or harvest user data without authorization

D. Your Content

You retain ownership of all content, data, and materials you submit to the Services ("Your Content"), including deal analyses, project documentation, photos, and financial information.

By submitting Your Content, you grant LendlyX a limited, non-exclusive, royalty-free license to use, store, display, and process Your Content solely to provide and improve the Services. This license ends when you delete Your Content or terminate your account.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any third-party rights
• Your Content is accurate and not misleading

E. Subscription and Payments

Certain features of the Services require a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate billing information
• Authorize us to charge your payment method on a recurring basis

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings. Refunds are provided in accordance with our refund policy.

F. Intellectual Property

The Services, including all content, features, and functionality (excluding Your Content), are owned by LendlyX and are protected by copyright, trademark, and other intellectual property laws.

The LendlyX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LendlyX, Inc. You may not use these marks without our prior written permission.

G. Third-Party Services

The Services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

H. Email and SMS Marketing Program

Email Marketing

When you provide your business email address to LendlyX—through a form on our website, a demo request, an event registration, a content download, a sales conversation, or an account signup—you agree that LendlyX and its service providers may contact you by email for marketing and sales purposes. These messages may include product announcements, lender education, case studies, demo scheduling and reminders, event invitations, pricing updates, and special offers. You can opt out of marketing emails at any time using the unsubscribe link in any email or by emailing privacy@lendlyx.com.

SMS / Text Message Program

Program name: LendlyX Alerts. Sender / brand: LendlyX (LendlyX, Inc.). Sender number: messages are sent from a LendlyX-operated, brand-registered 10DLC long code (a standard 10-digit US phone number registered to LendlyX through The Campaign Registry). The active sending number is disclosed at opt-in and in the first message you receive from LendlyX Alerts. LendlyX does not currently use a short code for marketing SMS.

By opting in to the LendlyX Alerts SMS program, you agree to receive recurring marketing, sales, and account-related text messages from LendlyX (sent through our SMS service providers, including Twilio and Mailchimp / Intuit, on LendlyX's behalf) at the mobile number you provided.

How to opt in: You opt in by checking an SMS consent box on a LendlyX form, texting a keyword (such as START, JOIN, or YES) to the LendlyX 10DLC long code, submitting your mobile number through a LendlyX form that discloses SMS use, or verbally confirming consent on a recorded call.

Types of messages: demo confirmations and reminders, sales follow-ups, onboarding nudges, product announcements, event invitations, special offers, and other LendlyX marketing communications.

• Message frequency: recurring messages; frequency varies (typically up to 10 messages per month).
• Carriers and rates: Message and data rates may apply based on your wireless carrier plan. Standard SMS, MMS, and data charges from your mobile carrier apply to every message you send or receive. Check your mobile plan for details.
• Supported US carriers: AT&T, Verizon Wireless, T-Mobile (including Sprint), US Cellular, Boost Mobile, Cricket Wireless, Metro by T-Mobile, Google Fi, C-Spire, and other major US carriers.
• Carrier disclaimer: wireless carriers (including AT&T, Verizon Wireless, T-Mobile, US Cellular, and others) are not liable for delayed or undelivered messages. LendlyX is not responsible for delays, failed delivery, or charges resulting from your carrier, device, or service.
• STOP (opt out): text STOP to the LendlyX 10DLC long code at any time to unsubscribe. You may also reply CANCEL, END, QUIT, or UNSUBSCRIBE. After you send STOP, LendlyX will send a single confirmation message acknowledging that you have been opted out, and you will receive no further marketing SMS from the LendlyX Alerts program. Opt-out confirmations are typically delivered within a few minutes, and your number is suppressed from LendlyX Alerts within 24 hours. To rejoin later, you must opt in again (for example by texting START or resubmitting a LendlyX form with SMS consent).
• HELP (assistance): text HELP to the LendlyX 10DLC long code at any time. LendlyX will respond with a single auto-reply identifying the LendlyX Alerts program, our support email privacy@lendlyx.com, and instructions to text STOP to opt out. HELP replies are typically delivered within a few minutes; email support replies are typically returned within one business day.
• Consent to receive marketing email or SMS is not a condition of purchasing or using the Services.
• We do not sell, rent, or share mobile phone numbers or SMS consent data with third parties or affiliates for their own marketing purposes. Mobile information is only shared with service providers (such as SMS gateways, email delivery platforms, and CRM systems) acting on our behalf to deliver these communications.
• Service-related communications (billing, security, account, support, and platform notices) are part of the Services and are not opt-out marketing messages.

First-message opt-in confirmation (sample)

The first message you receive after opting in to LendlyX Alerts will identify the program and disclose STOP and HELP. Example:

"LendlyX Alerts: You're opted in to recurring marketing & account texts from LendlyX (up to ~10 msgs/mo). Msg & data rates may apply. Reply HELP for help, STOP to cancel (you'll get one confirmation text, then no further marketing SMS). Privacy: lendlyx.com/privacy-policy · Terms: lendlyx.com/terms-conditions"

STOP and HELP responses are typically delivered within a few minutes. After STOP, your number is suppressed from LendlyX Alerts within 24 hours and you will not receive further marketing SMS unless you opt in again.

You represent that any phone number or email address you provide is yours or that you are authorized to provide it. For full details about how we collect, use, store, and protect mobile information and SMS consent, please review our Privacy Policy. By opting in, you acknowledge LendlyX's use of email and SMS marketing as described in these Terms and our Privacy Policy.

I. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, error-free, or secure
• Any errors or defects will be corrected
• The Services will meet your specific requirements
• Results obtained from the Services will be accurate or reliable

IMPORTANT: Deal analyses, calculations, and projections provided by the Services are for informational purposes only. They should not be relied upon as financial, investment, or legal advice. Always consult qualified professionals before making investment decisions.

J. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDLYX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any damages arising from your use of the Services

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

K. Indemnification

You agree to indemnify, defend, and hold harmless LendlyX and its officers, directors, employees, contractors, agents, licensors, and suppliers from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use of the Services
• Your Content
• Your violation of any third-party rights

L. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Services will immediately cease
• You may request export of Your Content for a limited period
• We may delete Your Content after a reasonable retention period
• Provisions that should survive termination will remain in effect

You may terminate your account at any time by contacting us or through your account settings.

M. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

N. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

O. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and LendlyX.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

P. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: legal@lendlyx.com
• Contact Form: lendlyx.com/contact