Terms of Service

1. Agreement to Terms#

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Customer") and BrokerPlus Technologies Inc. ("BrokerPlus", "we", "us", "our") governing your access to and use of the BrokerPlus platform, including all associated services, features, tools, applications, and application programming interfaces (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a brokerage or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" includes that organization.

2. Description of Service#

BrokerPlus provides a cloud-based mortgage workflow platform for licensed mortgage brokers and brokerages in Canada. Depending on your plan and the features you enable, the Service includes:

• Deal pipeline, contact, task, and team management
• A borrower portal and intake forms through which borrowers submit information and documents, and document processing that classifies uploaded documents and extracts data from them
• Credit report retrieval from credit reporting agencies on the broker's instruction
• Identity verification, sanctions and politically exposed person screening, and anti-money laundering recordkeeping features
• Lender submission and application packaging tools
• Electronic signature
• Email, text messaging, telephony, and meeting features, including recording and transcription, an automated voice answering feature, and connectivity to your own email and calendar accounts
• Outreach automation, campaigns, scheduled and event-triggered messages, client-facing reports and calculators, and lead capture forms and booking pages you publish under your own brand
• Rate, penalty, refinance, and renewal analysis tools
• Commission and compensation tracking and reporting
• AI Features, including an in-platform assistant and an assistive agent, as described in Section 9
• A public API and webhooks, as described in Section 15

The Service is intended for use by licensed mortgage professionals and is not a consumer product. BrokerPlus does not provide mortgage advice, lending services, credit, legal, or financial advice of any kind, and is not a party to any transaction between you, a borrower, and a lender.

3. Accounts and Brokerage Administration#

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your credentials, passkeys, and two-factor devices, and for all activity that occurs under your account, including activity carried out by the assistive agent under settings you have enabled and by any API key you have issued.

A brokerage account may include multiple users. The brokerage's administrators control who is invited, what each user can see and do, which teams they belong to, and whether their access is revoked. The brokerage is responsible for the acts and omissions of every user it admits, and for removing access promptly when a user leaves.

You agree to notify BrokerPlus immediately if you become aware of any unauthorized use of your account. BrokerPlus is not liable for any loss arising from unauthorized access to your account that results from your failure to safeguard your credentials.

4. Acceptable Use#

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including mortgage brokerage licensing requirements in each province or territory in which you operate, privacy legislation (PIPEDA and applicable provincial statutes), Canada's Anti-Spam Legislation, and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to store or transmit infringing or unlawful content
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without written consent
• Use the Service to obtain a credit report, verify an identity, record a conversation, or send a message about any individual without the consent or lawful authority required to do so

5. Prohibited Activities#

In addition to the restrictions set out in Section 4, users of the BrokerPlus platform must not, and must not permit any third party to, engage in any of the following activities:

Scraping and data harvesting. Using automated tools, scripts, bots, crawlers, or similar mechanisms to extract, scrape, harvest, or collect data from the platform, including borrower data, lender information, rate data, deal data, or platform content, other than through the public API in accordance with Section 15.

Reverse engineering. Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code, algorithms, prompts, data structures, or underlying technology of the platform or any component thereof, except to the extent expressly permitted by applicable law that cannot be waived by contract.

Malicious software. Uploading, transmitting, or introducing any virus, worm, Trojan horse, ransomware, spyware, adware, or other malicious code or software to or through the platform.

Denial-of-service attacks. Conducting or facilitating any distributed denial-of-service (DDoS) attack, flooding, or other activity intended to disrupt, overload, or impair the availability or performance of the platform, including by exceeding published API rate limits deliberately.

Circumventing security measures. Attempting to bypass, disable, interfere with, or circumvent any security feature, access control, authentication mechanism, tenant isolation control, or encryption implemented by BrokerPlus.

Misusing AI Features. Attempting to cause an AI Feature to disregard its instructions, act outside the account it is operating in, disclose another customer's information, or produce content that is unlawful, deceptive, or harmful.

Competitive intelligence. Accessing or using the platform for the purpose of building, developing, or improving a competing product or service, or for benchmarking or competitive analysis.

Unauthorized access. Accessing or attempting to access accounts, data, systems, or networks belonging to other users or to BrokerPlus without authorization.

Misrepresentation. Providing false, misleading, or fraudulent information when creating an account, processing a mortgage deal, verifying an identity, or communicating through the platform, or presenting a message, report, or automated call as coming from a person when it did not.

BrokerPlus reserves the right to suspend or terminate access for any user who engages in prohibited activities, without notice and without liability.

6. Customer Data and Your Responsibilities#

You retain all rights to the data you upload, input, connect, or generate in the Service, including borrower information, documents, recordings, transcripts, and messages ("Customer Data"). BrokerPlus does not claim ownership of Customer Data. You grant BrokerPlus the licence needed to host, process, transmit, and display Customer Data in order to provide the Service to you.

BrokerPlus processes Customer Data solely to provide the Service and as described in our Privacy Policy. We do not sell, rent, or trade Customer Data. We do not use Customer Data to train machine learning models, and our arrangements with the AI providers we engage prohibit them from doing so.

As between you and BrokerPlus, you are the organization accountable for the personal information you place in the Service. You are responsible for:

• Obtaining all consents required from borrowers, co-applicants, guarantors, referral partners, contacts, and any other individual whose personal information you process through the Service, in compliance with PIPEDA and applicable provincial privacy legislation
• The accuracy of the information you submit to lenders, credit reporting agencies, and other third parties through the Service, whether it was typed by you, submitted by a borrower, extracted from a document, or drafted by an AI Feature
• The content of every message, report, calculator result, and web page you send or publish through the Service, including under your own brand, and its compliance with advertising, licensing, and disclosure rules that apply to you
• Your own record-keeping obligations, including the retention periods your regulator and FINTRAC impose on you. The Service helps you keep records; it does not assume the obligation to keep them
• Meeting your obligations under Quebec's Law 25 where you or your clients are in Quebec, including any privacy impact assessment required before personal information leaves the province

7. CASL and Electronic Messaging#

BrokerPlus's communication features are subject to Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23). The following provisions govern how the platform handles broker-to-borrower electronic communications.

7.1 Express and Implied Consent

Express consent is obtained when an individual affirmatively opts in to receive electronic communications, for example through the borrower portal, a lead capture form, or a booking page. Express consent remains valid until the individual withdraws it.

Implied consent may exist where the broker has an existing business relationship with the individual, such as where the individual has made an inquiry about mortgage services within the preceding six (6) months, or where the broker has an ongoing or recently completed mortgage transaction with the individual. Implied consent is time-limited and expires as provided under CASL.

7.2 Broker Responsibilities

Brokers are solely responsible for ensuring that valid consent (whether express or implied) exists before using BrokerPlus's communication features to send commercial electronic messages. BrokerPlus provides the communication infrastructure and records consent where it is captured in the platform, but does not independently verify the existence of consent between the broker and the individual.

Every commercial electronic message sent through BrokerPlus must include the sender's identifying information, the applicable brokerage's contact information, and a functioning unsubscribe mechanism, all of which the platform provides by default. You must not remove or disable them.

7.3 Automated, Scheduled, and Campaign Messages

The platform allows you to configure messages that send on a schedule or in response to an event, such as a mortgage anniversary, a renewal window, or a change in a property's estimated equity, and to send campaigns to a segment of your contacts. You may configure these to prepare drafts for your review or to send automatically without a person approving each message.

Where you enable automatic sending, you remain solely responsible for ensuring that valid consent exists for every recipient and for the content of every message sent under your account. BrokerPlus does not review the content or the recipient list of messages you configure, and may pause sending from an account whose messages generate bounce or complaint rates that threaten deliverability for other customers.

7.4 Unsubscribe Mechanism

BrokerPlus includes an unsubscribe mechanism in commercial electronic messages sent through the platform. When a recipient exercises their right to unsubscribe, the platform will process the request within ten (10) business days and notify the applicable broker. For text messages, recipients may reply STOP to stop further messages. Suppression is applied at the platform level so that a recipient who opts out is excluded from subsequent automated and campaign sends. Brokers must not send further commercial electronic messages to individuals who have unsubscribed, through the platform or otherwise.

8. Data Security and Residency#

BrokerPlus implements administrative, technical, and physical safeguards to protect Customer Data, including encryption in transit and at rest, field-level encryption of designated sensitive fields such as Social Insurance Numbers, organization-level scoping of every data access, and append-only audit logging, as described in our Privacy Policy and on our Security page. All Customer Data is stored and processed within Canada.

While we take commercially reasonable measures to protect your data, no method of transmission or storage is completely secure, and you acknowledge that no such guarantee is given. You are responsible for the security of the devices, email accounts, and third-party services you connect to the Service.

9. AI Features and the Assistive Agent#

BrokerPlus uses artificial intelligence and machine learning technologies across the Service, including to classify documents and extract data from them, transcribe and summarize calls, meetings, and messages, draft correspondence, answer questions about your own data through an in-platform assistant, answer borrowers' questions in the borrower portal, rank outstanding work, and operate an automated voice answering feature (collectively, "AI Features"). While BrokerPlus endeavours to maintain a high degree of accuracy in its AI Features, the following limitations and disclaimers apply:

No guarantee of accuracy. AI-generated outputs, including extracted data fields, document classifications, transcripts, summaries, drafted messages, answers, and suggested values, may contain errors, omissions, or inaccuracies. BrokerPlus does not warrant or guarantee the accuracy, completeness, or reliability of any AI-generated output.

Professional judgment required. AI Features are designed to assist mortgage professionals, not to replace their professional judgment. You must independently review, verify, and confirm AI-generated outputs before relying on them, sending them to a client, submitting them to a lender, or using them to make decisions.

The assistive agent acts on your instructions. The Service includes an agent feature that can prepare and, where you enable it, carry out routine actions within your own account, such as drafting an email, creating or completing a task, updating the status of a deal condition, or issuing a portal link. You control the level of autonomy, from proposing drafts for review to acting automatically. Every action the agent takes is taken under your account and on your behalf, and you are responsible for it as if you had taken it yourself. Actions that obtain a credit report or submit an application to a lender always require explicit confirmation by a person.

No decisions about individuals. AI Features do not decide whether an individual qualifies for a mortgage, approve or decline an application, set pricing, or make any other decision that produces a legal or similarly significant effect about an individual. Those determinations are made by lenders and by you.

Borrower-facing AI. Where a borrower interacts with an AI Feature in the borrower portal or through the automated voice answering feature, the feature does not provide mortgage, financial, or eligibility advice, and answers truthfully if asked whether it is a person or whether the call is recorded. The voice feature opens each call with the greeting you write, and you are responsible for including in it any notice that the caller is speaking with an automated system and that the call is recorded, as Section 10 requires. You are responsible for the configuration you give it and for any commitment made to a borrower in reliance on it.

No liability for AI outputs. To the maximum extent permitted by applicable law, BrokerPlus shall not be liable for any loss, damage, claim, or expense arising from or related to inaccuracies in AI-generated outputs or actions taken by the assistive agent under settings you enabled, including incorrect data extraction from borrower documents, misclassification of document types, erroneous transcripts or summaries, messages sent in error, or any downstream consequences of submitting unverified AI outputs to lenders or other third parties.

10. Credit Reports, Identity Verification, and Recording#

Certain features engage legal obligations that rest with you, not with BrokerPlus. By using them you confirm the following.

Credit reports. You will request a credit report about an individual only where you have a lawful purpose and the individual's consent, in the form your credit reporting agency agreement and applicable consumer reporting legislation require. The platform records the consent you capture and will not proceed without one, but the sufficiency of that consent is your responsibility. You will use credit information only for the purpose for which it was obtained and in accordance with your agreement with the credit reporting agency.

Identity verification and anti-money laundering. The identity verification, screening, risk assessment, and receipt-of-funds features support your obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. They do not discharge those obligations. Screening results are presented for your review; the platform does not decline a transaction or make a determination about an individual. You remain the reporting entity, responsible for your compliance program, your reporting to FINTRAC, and the retention of your records.

Recording. Where you enable recording or transcription of calls, meetings, or messages, or permit a notetaking service to join a meeting, you are responsible for giving any notice and obtaining any consent required from every participant, in the jurisdiction where each participant is located, before recording begins. BrokerPlus provides the recording infrastructure and does not verify that notice was given or consent obtained.

11. Risk Disclosure and No Reliance#

The BrokerPlus platform, including all content, tools, and outputs, is provided for informational and workflow management purposes only. The platform does not constitute financial advice, mortgage advice, legal advice, or any other form of professional advice.

Rate data, prepayment penalty estimates, refinance and renewal analyses, equity and property value estimates, affordability and payment calculators, and strategy projections are estimates built from third-party data and the inputs available to the platform. They may be incomplete, out of date, or wrong, and a lender's actual terms will differ. You must verify any figure with the lender before presenting it to a client as anything other than an estimate, and any report or calculator you make available to a client under your brand is your communication to that client.

Brokers and users should not place undue reliance on any data, analysis, suggestion, or output provided by the platform. Without limiting Section 9, BrokerPlus makes no representations or warranties regarding the suitability of the platform for any particular transaction or borrower scenario.

Users acknowledge that mortgage underwriting, document verification, and regulatory compliance require the exercise of professional judgment that cannot be delegated to any software platform, and that BrokerPlus is not a substitute for such judgment.

12. Subscription, Payment, and Cancellation#

12.1 Subscription Terms

Certain features of the Service require a paid subscription. Subscription fees are billed in advance on a monthly or annual basis according to the plan you select. All fees are in Canadian dollars and are exclusive of applicable taxes. Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with Section 12.2. Some features, such as identity verification and screening, telephony, and text messaging, may incur usage-based charges that are disclosed before you enable them.

BrokerPlus reserves the right to change subscription fees with 30 days' notice. Continued use of the Service after a fee change constitutes acceptance of the new fees.

12.2 Cancellation

You may cancel your subscription at any time through the account settings page or by contacting support at hello@getbrokerplus.ca. Upon cancellation:

• The cancellation takes effect at the end of the current billing period.
• You retain full access to the platform until the end of the paid billing period.
• No further charges will be applied after the cancellation takes effect.
• Your data export window (described in Section 18) begins on the date the subscription ends.

12.3 Refund Policy

Subscription fees are generally non-refundable. However, refund requests will be considered in the following circumstances:

• The platform experienced a material service outage or defect during the billing period that substantially prevented you from accessing core functionality.
• You were charged in error due to a billing system malfunction.
• A refund is required by applicable consumer protection legislation.

To request a refund, you must submit a written request to hello@getbrokerplus.ca within thirty (30) days of the charge in question, describing the basis for the request. BrokerPlus will review and respond to refund requests within fifteen (15) business days. BrokerPlus's decision on refund requests is final, subject to applicable law.

13. Intellectual Property#

The Service, including all software, designs, text, graphics, models, prompts, and other content (excluding Customer Data), is the proprietary property of BrokerPlus and is protected by Canadian and international intellectual property laws.

BrokerPlus grants you a limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes during the term of your subscription. Client-facing reports, calculators, forms, and pages that the Service generates under your brand may be shared with your clients and prospects in the ordinary course of your business.

If you provide suggestions or feedback about the Service, you grant BrokerPlus a perpetual, royalty-free licence to use it without obligation to you.

14. Third-Party Integrations and Connected Accounts#

The Service integrates with third-party services, including lender submission networks, credit reporting agencies, identity verification providers, electronic signature, telephony and messaging carriers, meeting notetakers, property data providers, payment processors, and your own email and calendar accounts. Your use of these integrations is subject to the terms and policies of those third-party providers, and some require an agreement between you and the provider directly.

When you connect an email, calendar, or other account, you authorize BrokerPlus to access it to the extent needed to provide the feature you enabled, and you confirm you are entitled to grant that access. You may disconnect a connected account at any time from settings.

BrokerPlus is not responsible for the availability, accuracy, or practices of any third-party service, and a change or outage at a third party may affect the corresponding feature.

15. Public API and Webhooks#

BrokerPlus offers a public API and webhooks so you can connect the Service to your own systems. An API key acts as the broker who created it, with that broker's permissions and no more. You are responsible for keeping keys confidential, for everything done with a key issued under your account, and for revoking a key that may have been exposed.

You may use the API only to serve your own brokerage and within published rate limits. You may not use it to provide the Service to third parties, to extract data for a competing product, or to circumvent any restriction in these Terms. The API is offered in beta: we will give reasonable notice of breaking changes where we can, but we may change or withdraw endpoints, and the API is provided without the availability commitments in Section 17.

16. Geographic Restrictions#

The BrokerPlus platform is designed for use by licensed mortgage professionals operating in Canada. While the platform may be accessible from outside Canada, the following limitations apply:

• BrokerPlus is designed to comply with Canadian federal and provincial laws and regulations. We do not guarantee compliance with the regulatory requirements of any non-Canadian jurisdiction.
• Users are responsible for ensuring that their use of the platform complies with the licensing requirements and regulations applicable in their province or territory of operation.
• Users located outside of Canada who access the platform are solely responsible for compliance with all applicable laws in their jurisdiction, including data protection, financial services, and export control regulations. BrokerPlus makes no representations that the platform is appropriate or available for use outside Canada.
• BrokerPlus's data residency commitments (Section 8) apply regardless of the user's location, but we cannot guarantee compliance with data localization or data sovereignty requirements imposed by non-Canadian jurisdictions.

17. Service Availability#

BrokerPlus will use commercially reasonable efforts to maintain the availability of the Service. However, the Service may be temporarily unavailable due to maintenance, updates, third-party outages, or circumstances beyond our control. Current service status is published at status.getbrokerplus.ca.

BrokerPlus does not guarantee uninterrupted or error-free operation of the Service.

18. Termination and Post-Termination Obligations#

18.1 Termination

Either party may terminate these Terms at any time by providing written notice. BrokerPlus may suspend or terminate your access to the Service immediately if you breach these Terms.

18.2 Data Export

Upon termination, BrokerPlus will make your Customer Data available for export for a period of thirty (30) days following the effective date of termination. BrokerPlus will provide reasonable assistance with data export requests during this period.

18.3 Post-Termination Obligations

After the 30-day export window:

• All rights to access and use the BrokerPlus platform and its content cease immediately. Your account will be deactivated, access will be revoked, and API keys and connected accounts will be disabled.
• You must promptly delete all cached, downloaded, or locally stored copies of any materials obtained through the platform, including but not limited to exported data, downloaded documents, screenshots of platform content, and any derivative materials. This obligation does not apply to your own borrower files to the extent required for regulatory recordkeeping purposes.
• BrokerPlus will permanently delete Customer Data, including files, in accordance with our Privacy Policy, subject to any legal or regulatory retention requirements. Records created for anti-money laundering purposes are retained for the statutory period. It is your responsibility to export anything your own retention obligations require you to keep before the window closes.

18.4 Survival

Sections relating to limitation of liability, AI disclaimers, indemnification, prohibited activities, intellectual property, confidentiality, and post-termination obligations survive termination of these Terms.

19. Limitation of Liability#

To the maximum extent permitted by applicable law, BrokerPlus 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, data, or business opportunities, arising out of or related to your use of the Service.

BrokerPlus's total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by you to BrokerPlus in the twelve (12) months preceding the event giving rise to the claim.

20. Indemnification#

You agree to indemnify, defend, and hold harmless BrokerPlus from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any applicable law or regulation, any message sent or recording made under your account without the consent required, or any claim by a borrower, lender, or regulator relating to information you submitted or a transaction you brokered.

21. Accessibility and Accommodations#

BrokerPlus is committed to providing an accessible platform in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11).

We work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, and design and develop the platform with consideration for users who rely on assistive technologies. If you encounter a barrier, we want to hear about it so we can address it.

If you require an accommodation to access or use the BrokerPlus platform, or if you encounter an accessibility barrier, please contact us and we will work with you to provide an appropriate accommodation in a timely manner:

Accessibility and Accommodations Contact
Email: amir@getbrokerplus.ca

We welcome feedback on the accessibility of the BrokerPlus platform. Feedback can be directed to the contact above and will be reviewed and addressed in accordance with our obligations under the AODA.

22. Governing Law#

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario.

23. Changes to These Terms#

BrokerPlus reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

24. Contact#

Questions about these Terms should be directed to:

BrokerPlus Technologies Inc.
8 Dovercourt Road, Toronto, Ontario, Canada M6J 0B6
Email: amir@getbrokerplus.ca