Supermortgage Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of Supermortgage, including supermortgage.com and the Supermortgage borrower application (together, the "Services"). The Services are provided by Tomorrow OS Inc., a Delaware corporation doing business as Supermortgage ("Supermortgage," "we," "us," or "our"). By creating an account or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

Section 19 contains an agreement to resolve disputes through individual arbitration and a waiver of class actions. Please read it carefully.

2. What Supermortgage Is

Supermortgage is software that helps you prepare a mortgage application, verify the information in it, and deliver it to the licensed mortgage lender you select ("your Lender"). If you separately authorize it, we also monitor your mortgage after your loan closes, as described in Section 9.

Supermortgage is not a lender, mortgage broker, or loan originator. We do not make or arrange loans, offer or negotiate loan terms or rates, make credit decisions, or provide financial, legal, or tax advice. Using the Services is not an application for credit with Supermortgage and does not guarantee that any lender will approve a loan or offer particular terms. Your Lender makes all credit decisions and provides all required loan disclosures, and your loan relationship is with your Lender under its own terms.

3. Eligibility

To use the Services you must be at least 18 years old, reside in the United States, and be able to enter into a binding contract. You may connect only financial accounts that you own or are authorized to access, and you may provide information about another person, such as a co-borrower, only with that person's authorization.

4. Your Account

You sign in to the Services using your email address and a one-time code we send to it. You are responsible for keeping access to your email account secure and for activity in your Supermortgage account. Tell us promptly at support@supermortgage.com if you believe your account has been accessed without your permission.

5. Information You Provide

You agree that the information you provide through the Services is true, accurate, and complete, and that you will update it if it changes before your application is decided. Your Lender will rely on this information in evaluating your application. Knowingly providing false information in connection with a mortgage application may violate federal and state law.

6. Connecting Your Financial Accounts

You can verify your accounts by connecting them or by uploading statements. We use Plaid Inc. ("Plaid") to connect accounts. When you connect an account, you sign in to your financial institution through Plaid, and we do not receive or store your username or password. By connecting an account, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your financial institution for your mortgage application and, if you authorize it, the monitoring described in Section 9, and you agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid End User Privacy Policy. You may disconnect an account at any time in your account settings. Disconnecting ends our access going forward but does not recall information already delivered to your Lender.

7. Sharing With Your Lender

We deliver your information to your Lender only after you authorize it on the review screen, which names your Lender and lists what will be sent. Until your application is closed or withdrawn, we may provide your Lender updated verification while your accounts remain connected. After delivery, your Lender's use of your information is governed by your Lender's privacy policy and applicable law, which may require your Lender to retain it. Our Privacy Policy describes what we collect and with whom we share it.

8. Credit Reports

We obtain a consumer report about you from a consumer reporting agency only after you authorize it, and only for the purpose you authorize. Each applicant authorizes their own consumer report; you may not authorize a report about anyone else. We do not create consumer reports or make credit decisions. If a lender declines your application, the lender is responsible for notifying you and for the disclosures that go with that decision.

9. Ongoing Mortgage Monitoring

If you separately authorize it, we keep your account connection after your loan closes to track your mortgage interest rate, balance, payment, and mortgage insurance status, and to tell you when refinancing, removing mortgage insurance, or another action may save you money. Monitoring is optional and is not required to use any other part of the Services. Our notifications are information, not an offer of credit, a credit decision, or financial advice. Your authorization is renewed periodically, and you may revoke it at any time in your account settings. If you revoke it or it expires, we stop retrieving new information.

10. Documents You Upload

You keep ownership of documents and information you submit. You grant us a limited license to store, process, extract information from, and transmit them solely to provide the Services to you and deliver your application to your Lender.

11. Electronic Communications and Signatures

The Services are provided electronically. By creating an account, you consent to receive these Terms, our Privacy Policy, notices, and other communications electronically, by email or within the Services, and you agree that your electronic authorizations, including checking a box or selecting a button, have the same effect as a handwritten signature.

To use the Services you need a current web browser, an email account, and the ability to save or print documents. You may request a paper copy of any communication at no charge, or withdraw your consent, by emailing support@supermortgage.com. Because the Services are provided only electronically, withdrawing consent ends your use of the Services.

Messages. We send messages about your account, your application, your transaction, and, if you authorize monitoring, your mortgage. If you give us your mobile number and agree to receive texts, we may text that number; message and data rates may apply. You can stop marketing emails with the unsubscribe link in any of them and marketing texts by replying STOP. Messages about your account and transaction continue because they are not marketing.

12. Fees

Supermortgage does not charge you to use the Services. Any fees for your loan are set and disclosed by your Lender.

13. Acceptable Use

You agree not to: use the Services for any unlawful or fraudulent purpose; submit information about another person without authorization; connect accounts you are not authorized to access; interfere with or disrupt the Services; attempt to gain unauthorized access to the Services or other users' information; or copy, scrape, reverse engineer, or resell the Services.

14. Our Intellectual Property

The Services, including their software, design, and content, are owned by Tomorrow OS Inc. and its licensors. We grant you a limited, personal, non-transferable, revocable license to use the Services for your own mortgage application in accordance with these Terms.

15. Third-Party Services

The Services rely on third parties, including Plaid and your financial institutions, and deliver information to your Lender. We are not responsible for the availability, accuracy, or conduct of third parties, including the information your institutions provide or your Lender's decisions.

16. Ending Your Use

You may withdraw your application or close your account at any time in your account settings or by emailing support@supermortgage.com. We may suspend or close your account if you violate these Terms or if we reasonably believe it is necessary to prevent fraud or protect you, your Lender, or the Services. We retain and delete information after your account closes as described in our Privacy Policy. Sections 10, 14, and 17 through 23 survive termination.

17. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION OBTAINED FROM THIRD PARTIES IS ACCURATE OR COMPLETE.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERMORTGAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR OPPORTUNITY, INCLUDING ANY LOSS ARISING FROM A LENDER'S DECISION, ARISING OUT OF OR RELATING TO THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

You agree to indemnify Supermortgage against third-party claims arising from information you knowingly misrepresent or your violation of these Terms.

19. Dispute Resolution and Arbitration

Informal resolution. Before starting arbitration, you and we agree to try to resolve any dispute informally by sending written notice describing the dispute to the other party. Notice to us goes to legal@supermortgage.com. If the dispute is not resolved within 60 days, either party may start arbitration.

Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Either party may instead bring an individual claim in small claims court if it qualifies. The arbitrator may award the same individual relief a court could award.

Class action waiver. You and we may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. If this waiver is found unenforceable as to a claim, that claim will proceed in court and not in arbitration.

Opt-out. You may opt out of this Section by emailing legal@supermortgage.com within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any claim not subject to arbitration will be brought in the state or federal courts located in New Castle County, Delaware, and you and we consent to their jurisdiction.

21. Changes to These Terms

We may update these Terms. If we make a material change, we will notify you by email or within the Services before it takes effect. Continuing to use the Services after the effective date means you accept the updated Terms.

22. General

These Terms and our Privacy Policy are the entire agreement between you and us regarding the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

23. Contact

Tomorrow OS Inc., 2261 Market Street, Suite 86665, San Francisco, CA 94114. Email: support@supermortgage.com.