These Terms of Service (the “Terms”) form the legal agreement between you (or the organization you represent) and Mortgage360 Inc. (“Mortgage360,” “we,” “us”), a Canadian corporation with its principal office in Toronto, Ontario, governing your access to and use of the Mortgage360 platform, websites, APIs, calculators, AI assistants (including Harvey), training material, and related services (collectively, the “Services”).

If you are using the Services on behalf of a brokerage, lender, mortgage investment corporation, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” include both you individually and that organization.

1. Acceptance and changes

By creating an account, accessing the platform, calling our APIs, or otherwise using the Services, you accept these Terms. We may update these Terms from time to time. For material changes (those that materially reduce your rights or expand your obligations), we will provide at least 30 days’ advance notice via in-product banner, email to your billing contact, and a posting to this page. Continued use of the Services after the effective date of an updated version constitutes acceptance. For non-material clarifying changes (typo fixes, structural reorganization, references to new sub-processors already listed in the DPA), no advance notice is required.

2. The Services

Mortgage360 is a software-as-a-service platform designed for the Canadian mortgage origination, brokerage, lending, servicing, and investor-relations workflows. Components include:

Broker and brokerage workspace — multi-tenant CRM, deal management, document collection, Filogix integration, e-signature, lender submission, training records, and FSRA/MBLAA compliance reporting.
Lender workspace — underwriting workbench, decision engine, servicing dashboards, investor reporting (for MIC, syndicate, and institutional structures), and regulatory output.
Public calculator suite and marketing site — 50+ Canadian-specific mortgage and personal-finance calculators, blog content, and lender directory.
AI assistant — Harvey, the all-in-one assistant available in 50+ languages, covering client-facing Q&A, broker / agent workflow support, compliance (AML, KYC, KYB, adverse media, verification, and structured-data extraction), and analytics and reporting summarization.
APIs — REST and webhook interfaces for data ingestion, lender connectivity, and partner integrations.

We may modify, add, or discontinue features with reasonable notice. We will not eliminate features your active subscription materially depends on without offering an equivalent replacement or a pro-rata refund for the unused portion of your prepaid term.

3. Eligibility and your account

To use the Services in a regulated capacity (broker, agent, principal broker, underwriter, servicer, MIC manager), you must hold the licensing required under applicable Canadian federal and provincial law, including but not limited to:

Provincial mortgage broker / agent licensing (Ontario FSRA, BC BCFSA, Alberta RECA, Quebec OACIQ, Saskatchewan FCAA, and equivalents in other provinces)
FINTRAC reporting entity registration where applicable
Securities registration for MIC, syndicated, or investment-product activities (where applicable)

You are responsible for: (a) safeguarding your account credentials, (b) enabling multi-factor authentication on all privileged accounts, (c) ensuring users in your tenant complete role-based access training, (d) immediately notifying us at [email protected] of any suspected unauthorized access, and (e) the acts and omissions of every user accessing the Services under your tenant.

4. Customer data and intellectual property

You retain all rights, title, and interest in the data you and your users submit to the Services (“Customer Data”), including borrower applications, deal records, documents, communications, and any structured fields derived from them. We process Customer Data only as a service provider to deliver the Services as described in our Data Processing Addendum.

We retain all rights, title, and interest in the Services themselves, including the platform code, AI model configurations, calculator math, documentation, brand, and any aggregated or de-identified usage metrics. You may not copy, reverse-engineer, decompile, or create derivative works of the Services, except to the extent expressly permitted by law.

Aggregated, de-identified statistical data derived from operation of the Services (for example: average funding cycle times across the platform, calculator usage frequency, anonymized error rates) may be used by Mortgage360 to operate, improve, and benchmark the Services. We will not use Customer Data to train third-party AI models, and we will not use identifiable Customer Data to train our own AI models without your express written consent.

5. Acceptable use

You agree that you and your users will not use the Services:

To violate applicable law, including FSRA / BCFSA / RECA mortgage broker requirements, MBLAA (Ontario), PCMLTFA / FINTRAC, the Bank Act, OSFI Guideline B-20, PIPEDA, CASL, the Securities Act of any province, U.S. TRID / RESPA (where applicable), or any foreign financial-services regulation
To facilitate or conceal money laundering, terrorist financing, tax evasion, or sanctions evasion
To make lending decisions based on protected grounds prohibited under federal or provincial human rights legislation
To develop, train, or improve a service that competes with Mortgage360, or to systematically scrape, crawl, copy, or extract Services content for that purpose
To circumvent access controls, rate limits, licensing limits, user counts, or tenant boundaries
To upload malware, knowingly false data, or material that infringes intellectual property or privacy rights of third parties
To send communications to borrowers, leads, or investors that violate CASL, the Telecommunications Act, or applicable do-not-call rules
To use the AI assistants in ways that bypass mandatory human review of regulated decisions (mortgage approvals, AML risk ratings, suitability determinations for investors)

We reserve the right to suspend access in cases of credible violation, with notice where practical and without notice where required by law or to protect platform integrity.

6. AI features and human oversight

The Services include AI-powered assistants that generate text, summaries, recommendations, classifications, and structured data extracts. You acknowledge that AI outputs:

May contain errors, omissions, or hallucinations and must not be treated as authoritative without human review
Are not legal, tax, accounting, mortgage, securities, or financial advice
Do not replace the licensed-individual judgment that Canadian mortgage and securities law requires for regulated activities
Must be reviewed by a licensed individual before being relied on for borrower disclosures, lender submissions, AML risk ratings, KYC determinations, or investor suitability findings

You agree to maintain human-in-the-loop review for all regulated outputs and to disclose AI use to your clients as required by applicable law (for example, the Ontario FSRA AI guidance and corresponding provincial frameworks).

7. Fees, payment, and taxes

Fees are stated on our pricing pages or in your order form. Plans bill in advance: annual plans prepay on the start of the term, monthly plans prepay on each billing date. Usage-based components (additional users, additional API calls, additional document storage) are metered and billed in arrears per the order form.

Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend access for accounts more than 30 days past due, with at least 10 days’ advance written notice. We will not change pricing for an active prepaid term without your consent. For monthly plans, we may change pricing on 30 days’ advance notice effective on the next billing cycle.

Fees are exclusive of applicable Canadian GST/HST, provincial sales taxes, and equivalent foreign taxes, which we will add where required. You are responsible for tax withholding obligations imposed on you by law.

8. Term, suspension, and termination

Annual subscriptions auto-renew for successive one-year terms unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term. Monthly plans continue month-to-month until cancelled.

Either party may terminate for material breach with 30 days’ written notice and a meaningful opportunity to cure. We may suspend access immediately, with notice as soon as practical, in cases of: (a) confirmed violation of Section 5 (Acceptable use) that materially threatens platform integrity or other customers, (b) suspected fraud, (c) unpaid balances more than 60 days past due, or (d) regulatory order.

On termination for any reason, we will provide a minimum of 30 days for you to export Customer Data via our standard export tooling. After the 30-day export window, we will delete Customer Data per Section 9 of our DPA, subject to retention required by law.

9. Warranties and disclaimer

We warrant that the Services will substantially conform to their documentation during your subscription term, and that we will maintain industry-standard security controls as described in our DPA. Your exclusive remedy for breach of this warranty is, at our option, re-performance, repair, or pro-rata refund of fees paid for the affected period.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES, INCLUDING ALL CALCULATOR OUTPUTS, AI ASSISTANT OUTPUTS, INTEGRATION DATA, AND DOCUMENTATION, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CALCULATOR OR AI OUTPUTS, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

NO CALCULATOR OUTPUT, AI ASSISTANT RESPONSE, OR PLATFORM SUGGESTION CONSTITUTES MORTGAGE, LEGAL, TAX, ACCOUNTING, OR SECURITIES ADVICE. ALL REGULATED OUTPUTS MUST BE REVIEWED BY A LICENSED INDIVIDUAL BEFORE BEING ACTED UPON.

10. Indemnification

You will defend, indemnify, and hold harmless Mortgage360 and its officers, directors, employees, and agents from any third-party claim, action, or proceeding arising out of: (a) your violation of Section 5 (Acceptable use), (b) your violation of any applicable law in connection with use of the Services, (c) Customer Data that infringes intellectual property or privacy rights of a third party, or (d) any allegation by a borrower, investor, or regulator that arises from your business activities (as opposed to a defect in the Services).

We will defend, indemnify, and hold harmless your organization from any third-party claim that the Services as provided by us infringe a Canadian, U.S., or EU patent, copyright, or trademark of that third party. Our obligation is subject to your prompt written notice of the claim, our sole control of defense and settlement, and your reasonable cooperation. We may, at our option, modify the Services to be non-infringing, obtain a license, or terminate the affected portion with a pro-rata refund.

11. Limitation of liability

EXCEPT FOR (A) BREACHES OF CONFIDENTIALITY, (B) INDEMNIFICATION OBLIGATIONS, AND (C) AMOUNTS OWED FOR FEES, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE GREATER OF (I) CAD $100,000 OR (II) THE FEES PAID BY YOU TO MORTGAGE360 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH, PERSONAL INJURY, OR FRAUD WHERE NON-WAIVABLE UNDER APPLICABLE LAW.

12. Confidentiality

Each party agrees to protect the other’s Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar nature, and in no event less than reasonable care. “Confidential Information” includes Customer Data, pricing, security architecture, audit reports, and any information marked or reasonably understood to be confidential. Each party may disclose Confidential Information as required by law, provided it gives the other party prompt notice (where lawful) and reasonable opportunity to seek protective remedies.

13. Beta and preview features

Features expressly labelled as “Beta,” “Preview,” “Early Access,” or similar are provided AS IS without warranty, may be withdrawn or modified without notice, and may have limited support. Use of Beta features is at your discretion and risk; production-critical workflows should not depend on Beta features.

14. Force majeure

Neither party is liable for delay or non-performance to the extent caused by events beyond reasonable control, including natural disaster, war, civil unrest, cyber attack, internet or cloud-provider outage, pandemic, or government action. The affected party will give prompt notice and use reasonable efforts to mitigate. Force majeure does not excuse payment obligations or breaches of confidentiality.

15. Assignment and subcontracting

Neither party may assign these Terms without the other’s prior written consent, except: (a) we may assign to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of our business, and (b) you may assign to a successor in interest of substantially all of your business. We may subcontract performance to sub-processors as listed in our DPA; we remain responsible for their performance.

16. Governing law and dispute resolution

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or related to these Terms or the Services will be resolved by binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules, seated in Toronto, Ontario, in English, before a single arbitrator agreed by the parties or, failing agreement, appointed by the ADR Institute. Either party may seek injunctive relief in the courts of Ontario for breach of confidentiality or intellectual-property rights.

17. Export and sanctions

You will not access or use the Services in violation of Canadian, U.S., or other applicable export control or economic-sanctions laws. You confirm that neither you nor any user in your tenant is on a Canadian or U.S. sanctions list or subject to comprehensive sanctions.

18. Entire agreement and severability

These Terms, together with your order form, the Privacy Policy, the DPA, and the Cookie Policy, constitute the entire agreement between the parties on the subject matter and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in full force.

19. Contact

Legal: [email protected]
Security incidents: [email protected]
Privacy: [email protected]
General: [email protected]

Mortgage360 Inc.
Toronto, Ontario, Canada