End-User License Agreement

Last updated: March 02, 2020

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading, or using Lender Prism.

Interpretation and Definitions

Interpretation

Words with initial capital letters have meanings defined under the following conditions. The following definitions apply whether they appear in singular or plural form.

Definitions

For the purposes of this Agreement:

• Account – A unique account created for You to access our Service or parts of it.
• Affiliate – Any entity that controls, is controlled by, or under common control with a party.
• Agreement – This End-User License Agreement between You and the Company.
• Application – The software program provided by the Company, named Lender Prism.
• Company (referred to as “the Company”, “We”, “Us” or “Our”) – Lender Prism, 5847 San Felipe St, Suite 1700, Houston, TX 77055.
• Content – Text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You.
• Country – Texas, United States.
• Device – Any device capable of accessing the Application (e.g., computer, cellphone, tablet).
• Feedback – Feedback, innovations, or suggestions sent by You regarding the Service.
• Subscriptions – Services or access to the Service offered on a subscription basis.
• Third-Party Services – Services or content provided by third parties that may appear or integrate with the Application.
• You – The individual or legal entity accessing or using the Application.

Acknowledgement

By clicking “I Agree”, downloading, or using the Application, You agree to be bound by this Agreement. If You do not agree, do not use the Application.

This Agreement governs Your use of the Application licensed — not sold — by the Company for use strictly in accordance with these terms.

You represent that You are over the age of 18. The Application is not intended for anyone under 18 years old.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application for personal, non-commercial purposes, strictly under this Agreement.

License Restrictions

You agree not to:

• Sell, rent, lease, license, or otherwise commercialize the Application.
• Copy or use the Application for purposes not permitted under this Agreement.
• Remove or obscure any proprietary notices or trademarks from the Application.

Subscriptions

Subscription Period

Some parts of the Service are available only via paid Subscriptions, billed on a recurring basis (daily, weekly, monthly, or annually). Your Subscription renews automatically unless canceled by You or the Company.

Subscription Cancellations

You may cancel renewal through your Account settings or by contacting the Company. Payments for the current period are non-refundable, and access continues until period end.

Billing

You must provide accurate billing details and valid payment information. If automatic billing fails, an electronic invoice will be issued with a payment deadline.

Fee Changes

The Company may modify fees at any time. Changes take effect after the current billing cycle, with advance notice. Continued use after changes constitutes acceptance.

Refunds

Except when required by law, Subscription fees are non-refundable. Refunds may be granted at the Company’s sole discretion.

User Accounts

You must provide accurate, current, and complete information when creating an account. You are responsible for safeguarding your password and all actions under your account.

You agree not to use usernames that are offensive, infringe on others’ rights, or are otherwise inappropriate. Notify Us immediately if you suspect unauthorized use of your account.

Intellectual Property

All intellectual property rights in the Application are the sole property of the Company. You have no rights to copy, modify, or distribute the Application.

The Company is solely responsible for handling any legal claims related to intellectual property infringement arising from the Application.

Your Suggestions

Any feedback or ideas You provide to the Company become its exclusive property. The Company may use, modify, and publish such suggestions without credit or compensation to You.

Third-Party Services

The Application may include or link to third-party content or services. The Company is not responsible or liable for third-party services, including their accuracy, quality, or legality. Use of third-party services is at Your own risk and subject to their terms and policies.

Links to Other Websites

Our Service may include links to external websites not operated by the Company. We have no control over, and assume no responsibility for, their content or privacy practices. We encourage You to review their Terms and Privacy Policies before providing personal data.

Privacy Policy

Our Privacy Policy is available at www.lenderprism.com/privacy-policy. By accepting this Agreement, You agree to its terms.

Term and Termination

This Agreement remains in effect until terminated by You or the Company. The Company may suspend or terminate access at any time, with or without notice.

You may terminate this Agreement by deleting the Application from all devices. Upon termination, You must cease all use and destroy all copies.

Termination does not limit the Company’s right to pursue damages for breaches occurring during the term.

Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, and employees from any claims, losses, or expenses arising from:

• Your use of the Application,
• Your violation of this Agreement, or
• Your infringement of third-party rights.

No Warranties

The Application is provided “AS IS” and “AS AVAILABLE” without any warranties. The Company disclaims all implied warranties, including merchantability, fitness for purpose, title, and non-infringement.

We do not guarantee uninterrupted operation or that the Application will meet your expectations or be error-free.

Some jurisdictions do not allow warranty exclusions; in such cases, this limitation applies only to the extent permitted by law.

Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability shall not exceed the amount paid by You for the Application.

The Company shall not be liable for indirect, incidental, or consequential damages, including loss of data, revenue, or business.

Some jurisdictions do not allow such exclusions, so these may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full effect.

Waiver

Failure to enforce any provision shall not constitute a waiver of future enforcement rights.

Product Claims

The Company is responsible for addressing claims relating to the Application, including product liability, legal compliance, or consumer protection claims.

United States Legal Compliance

You represent and warrant that:

1. You are not located in a country subject to U.S. embargo restrictions.
2. You are not on any U.S. government list of prohibited or restricted parties.

Changes to This Agreement

The Company may revise this Agreement at any time. Material changes will be notified at least 30 days prior to effect. Continued use after changes constitutes acceptance of the new terms.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS”, without any warranties of any kind. We make no guarantee regarding uptime, accuracy, compatibility, or performance. We are not liable for data loss, interruptions, or technical errors.

Some jurisdictions may not allow these exclusions; they apply to the fullest extent allowed by law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Texas, United States, excluding its conflict-of-law provisions.

Entire Agreement

This Agreement constitutes the entire understanding between You and the Company and supersedes prior agreements, written or oral, regarding the Application.

You may be subject to additional terms when using other Company services.

Contact Us

If you have any questions about this Agreement, please contact us:

• Email: [email protected]