Legal
Terms of Service & Master Subscription Agreement
The commercial terms that govern every NexusMortgageOS workspace. Written to be readable by the person who has to sign it, not only by counsel.
Contents
18 sections
- 1. Agreement and parties
- 2. The service
- 3. Your workspace and users
- 4. Fees, billing and taxes
- 5. Trials and pilots
- 6. Customer data and ownership
- 7. Third-party vendor accounts
- 8. Acceptable use
- 9. AI features
- 10. Availability and support
- 11. Security
- 12. Confidentiality
- 13. Warranties and disclaimers
- 14. Limitation of liability
- 15. Indemnity
- 16. Term and termination
- 17. Changes to these terms
- 18. General
1. Agreement and parties
This Master Subscription Agreement ("Agreement") is entered into between NexusMortgageOS ("Provider", "we") and the company that creates a workspace and accepts these terms ("Customer", "you"). By creating a workspace, purchasing a subscription, or using the platform, you agree to be bound by this Agreement on behalf of your company.
If you are accepting on behalf of a company, you represent that you have authority to bind that company. Individuals may not subscribe for personal use.
2. The service
NexusMortgageOS is a multi-tenant, cloud-hosted mortgage operating system and loan origination platform provided on a subscription basis. Your subscription includes access to the modules described on the pricing page for the tier you purchase, plus updates released during your term at no additional charge.
We may modify, add, or retire individual features. We will not materially degrade the core origination capability of a paid tier during a paid term without at least 30 days' written notice.
3. Your workspace and users
Each Customer receives an isolated tenant. Access is granted per named user seat; seats may be reassigned when a person leaves, but may not be shared concurrently. Your tier's included seat count is enforced by the platform; additional seats can be purchased at the published rate.
You are responsible for the acts and omissions of your users, for maintaining the confidentiality of credentials, and for enabling multi-factor authentication for administrative accounts.
4. Fees, billing and taxes
Subscriptions are billed in advance on a monthly or annual cycle through our payment processor. Fees are flat-rate per tier. NexusMortgageOS does not charge per-loan, per-file or per-funded-unit fees; volume growth does not increase your subscription price for the tier you purchase.
One-time onboarding and data-migration fees, when applicable, are quoted and billed separately at the start of the engagement.
Invoices are due on receipt. Accounts more than 15 days past due may be placed in read-only mode; accounts more than 45 days past due may be suspended. Fees are exclusive of taxes, which are your responsibility.
Except where required by law, fees are non-refundable. Annual plans cancelled mid-term remain payable through the end of the term.
5. Trials and pilots
Trial and pilot workspaces are provided for evaluation. Trial data is retained for 30 days after trial expiration and then permanently deleted unless the workspace converts to a paid subscription. Trial workspaces enter read-only mode at expiry so no data is lost during a purchasing decision.
6. Customer data and ownership
You own all loan files, borrower records, documents, and other data you or your borrowers submit ("Customer Data"). We claim no ownership of Customer Data and will not sell it, rent it, or use it to train third-party public AI models.
We process Customer Data solely to provide and support the service, as described in the Data Processing Addendum and Privacy Policy.
You may export your Customer Data in machine-readable form at any time during your subscription and for 30 days after termination.
7. Third-party vendor accounts
Credit bureaus and resellers, automated underwriting systems, e-sign providers, doc-prep providers, appraisal management companies, verification providers, and similar services are contracted directly by you. You supply your own credentials, which are encrypted and stored in your tenant's credential vault.
We are not a party to your vendor agreements, do not resell vendor data, and are not liable for vendor pricing, outages, data accuracy, or compliance. You are responsible for holding all licenses, subscriptions and permissible-purpose authority required to order those services.
8. Acceptable use
You may not: order a consumer report without a permissible purpose or the consumer's authorization; upload data you are not legally entitled to process; attempt to access another tenant's data; probe, scan, or load-test the platform without written permission; reverse engineer the platform; resell or white-label the platform without a separate written reseller agreement; or use the platform to violate TRID, RESPA, ECOA, FCRA, GLBA, UDAAP, state licensing law, or applicable telemarketing and messaging law.
We may suspend a workspace immediately, without refund, where continued use presents a security, legal or consumer-harm risk.
9. AI features
AI agents produce drafts, classifications, summaries, risk indications and recommendations. Output is decision support, not a credit decision, appraisal, legal advice or compliance opinion. A qualified human must review and approve any adverse action, disclosure, underwriting decision, or borrower-facing document before it is issued.
You are responsible for maintaining human oversight consistent with your compliance management system.
10. Availability and support
Target availability is 99.9% monthly uptime, excluding scheduled maintenance and force majeure. Support response targets, escalation paths and maintenance windows are described in the Support & SLA policy, which is incorporated into this Agreement.
11. Security
We maintain administrative, technical and physical safeguards appropriate to the sensitivity of mortgage data, including encryption in transit and at rest, row-level tenant isolation, least-privilege access control, immutable audit logging, and encrypted per-tenant secret storage. Our security practices and infrastructure certifications are described on the Privacy & Security page.
You will notify us promptly of any suspected compromise of your credentials or workspace.
12. Confidentiality
Each party will protect the other's non-public information with at least reasonable care and use it only to perform under this Agreement. This obligation survives termination for three years, and indefinitely for Customer Data containing consumer information.
13. Warranties and disclaimers
We warrant that the service will perform materially as documented. Except for that warranty, the platform is provided "as is". We do not warrant that output will be error-free, that vendor integrations will remain available, or that use of the platform alone will make you compliant with any law or investor guideline.
14. Limitation of liability
Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost business, even if advised of the possibility. Except for your payment obligations, your breach of the acceptable-use section, or either party's breach of confidentiality, each party's total aggregate liability is limited to the fees paid or payable by you in the 12 months preceding the claim.
15. Indemnity
We will defend you against third-party claims that the platform infringes a US intellectual property right, and you will defend us against third-party claims arising from your Customer Data, your vendor accounts, or your use of the platform in violation of law or this Agreement. Each indemnity is conditioned on prompt notice, sole control of defense, and reasonable cooperation.
16. Term and termination
Subscriptions renew automatically for successive terms unless cancelled before the renewal date in the billing settings. Either party may terminate for material breach not cured within 30 days of written notice.
On termination, access ends and Customer Data is available for export for 30 days, after which it is deleted in accordance with the retention schedule in the Privacy Policy.
17. Changes to these terms
We may update this Agreement. Material changes take effect on renewal or 30 days after notice, whichever is later. Continued use after the effective date constitutes acceptance.
18. General
This Agreement is governed by the laws of the State of Nevada, without regard to conflict-of-law rules, with exclusive venue in the state and federal courts located in Clark County, Nevada. Neither party may assign this Agreement without consent, except in connection with a merger or sale of substantially all assets. If any provision is unenforceable, the remainder stays in effect. This Agreement, together with the DPA, Privacy Policy, and Support & SLA policy, is the entire agreement between the parties.
Notices: support@nexusmortgageos.com.
These terms are provided as the platform's standard agreement. Enterprise customers may request a negotiated redline through support@nexusmortgageos.com.