Terms of Service

1. Acceptance of Terms

By accessing or using BpsHawk, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the platform. These terms apply to all users, including loan officers and administrators.

2. Description of Service

BpsHawk is a mortgage pricing and client management tool designed for loan officers. The platform provides LLPA-adjusted rate calculations, client tracking, loan scenario comparisons, and rate change notifications. BpsHawk is an informational tool and does not provide financial advice, lending services, or loan origination.

Important Disclaimers:

• Rate calculations displayed in the platform are not official rate quotes, not loan commitments, and not offers to lend under the Truth in Lending Act (TILA/Regulation Z).
• BpsHawk does not provide financial advice, investment advice, or lending recommendations.
• Pricing data should not be used as the sole basis for any lending decision or presented to borrowers as guaranteed rates.
• Nothing in the platform constitutes a determination of creditworthiness under the Equal Credit Opportunity Act (ECOA).

3. Licensing and Eligibility

BpsHawk is designed exclusively for use by licensed mortgage professionals operating in the United States. By using the platform, you represent and warrant that:

• You hold all required state and federal licenses (including NMLS registration) to originate or broker mortgage loans in the states where you operate
• You are authorized by your employing brokerage or lending institution to use third-party tools for client management
• You are solely responsible for maintaining your licensing compliance

4. User Accounts

To use BpsHawk, you must sign in using Google OAuth. By signing in, you agree that:

• You are authorized to use the Google account you sign in with
• You will provide accurate and complete information
• You are responsible for all activity under your account
• You will notify us immediately of any unauthorized access to your account

Account access and roles (Loan Officer or Admin) are managed by platform administrators.

5. Acceptable Use

You agree not to:

• Use BpsHawk for any unlawful purpose
• Attempt to access other users' client data or bypass access controls
• Use automated scripts, bots, or scrapers to extract data from the platform
• Interfere with or disrupt the platform's infrastructure
• Share your account credentials or allow others to access your account
• Upload malicious content, including through CSV imports or data entry
• Use platform pricing data in a manner that violates TILA, RESPA, ECOA, or any other applicable lending regulation
• Present BpsHawk calculations to borrowers as official rate quotes or binding loan offers
• Use the platform to make discriminatory lending decisions based on protected classes

6. Data Ownership and Processing Role

Client data entered by a loan officer into BpsHawk is and remains the property of the loan officer and/or their employing brokerage or lending institution. BpsHawk acts as a data processor, not a data controller or owner. We process client data solely to provide the platform service.

• Upon account termination or at your request, all client data will be exported to you (if requested) and deleted from our systems in accordance with our Privacy Policy
• You are responsible for ensuring you have proper authorization and consent from your brokerage and clients to enter nonpublic personal information (NPI) into a third-party system
• BpsHawk does not claim any ownership rights over client data entered into the platform

7. User Data and Privacy

Your use of BpsHawk is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. Client mortgage data that you enter into the platform remains your data. You are responsible for ensuring you have the appropriate consent to enter client information into the system.

8. Confidentiality and NPI Obligations

Both parties acknowledge that client mortgage data entered into BpsHawk constitutes nonpublic personal information (NPI) under the Gramm-Leach-Bliley Act (GLBA).

• BpsHawk will not disclose, sell, or share NPI with non-affiliated third parties except as necessary to operate the platform through the service providers identified in our Privacy Policy
• Users are responsible for their own GLBA compliance obligations, including providing privacy notices to their borrowers and clients
• Users must not extract or export client data from BpsHawk for purposes unrelated to their mortgage lending business

9. Regulatory Compliance

Users must comply with all applicable federal and state mortgage regulations, including but not limited to the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Equal Credit Opportunity Act (ECOA), the Home Mortgage Disclosure Act (HMDA), and the Gramm-Leach-Bliley Act (GLBA). BpsHawk is a tool to assist your work and does not substitute for compliance with regulatory requirements regarding rate disclosure, fair lending, or consumer protection.

10. Intellectual Property

The BpsHawk platform, including its design, code, pricing algorithms, and documentation, is the intellectual property of BpsHawk. You may not copy, modify, distribute, or reverse-engineer any part of the platform. Client data you enter into the platform belongs to you, and you retain all rights to that data.

11. Disclaimer of Warranties

BpsHawk is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or that calculated rates will be accurate for lending decisions. Rate calculations are based on the pricing data entered by administrators and the LLPA matrices configured in the system. You should independently verify all rates before using them in any lending or advisory capacity.

12. Limitation of Liability

To the maximum extent permitted by law, BpsHawk 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 from your use of the platform.

In no event shall BpsHawk's total aggregate liability to you for all claims arising from or related to the platform exceed the greater of (a) the total fees paid by you to BpsHawk in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Without limiting the foregoing, BpsHawk is not liable for: inaccurate rate calculations used in lending decisions, regulatory penalties arising from misuse of platform data, loss of business or clients, or any financial decisions made based on information provided by the platform.

13. Indemnification

You agree to indemnify, defend, and hold harmless BpsHawk and its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the platform in violation of these Terms
• Your violation of any applicable law or regulation
• Your misuse or misrepresentation of platform pricing data
• Any claim by a third party related to client data you entered into the platform
• Your failure to comply with GLBA, TILA, RESPA, ECOA, or other applicable lending regulations

14. Termination

We reserve the right to suspend or terminate your account at any time for violation of these terms or for any other reason at our discretion. You may request account deletion at any time. Upon termination, your access to the platform will cease and your data will be handled in accordance with our Privacy Policy.

15. Geographic Scope

BpsHawk is available exclusively in the United States. By using the platform, you confirm that you are located in and operating within the United States as a licensed mortgage professional.

16. Changes to Terms

We may update these Terms of Service from time to time. If we make significant changes, we will notify users through the application. Your continued use of BpsHawk after any changes indicates your acceptance of the updated terms.

17. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising from these terms or your use of the platform shall be resolved through binding arbitration conducted in the State of Florida. Each party shall bear its own attorneys' fees unless otherwise awarded by the arbitrator.