Terms of Service

Last Updated: March 29, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and RateGuard Pro Inc. ("RateGuard Pro", "we", "us", or "our") governing your access to and use of the RateGuard Pro platform, website, applications, and related services (collectively, the "Service"). BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Description of Service

RateGuard Pro is a software platform that provides mortgage professionals with tools to analyze mortgage portfolios, estimate prepayment penalties, identify refinancing and renewal opportunities, grade mortgage health, communicate with clients, and manage their book of business. The Service includes web-based portals, automated email systems, client-facing tools, calculation engines, and integrations with third-party CRM platforms.

The Service is intended for use by licensed mortgage brokers, agents, and administrators in Canada.

2. Eligibility and Account Registration

2.1 Eligibility

You must be: (a) at least 18 years of age; (b) a licensed mortgage professional in good standing with the applicable provincial regulatory authority (e.g., FSRA in Ontario, BCFSA in British Columbia, RECA in Alberta); and (c) capable of forming a binding contract under applicable law.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at jeff@rateguardpro.ca of any unauthorized use of your account.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3. Team Members and Delegated Access

3.1 Adding Team Members

Account holders may add team members (e.g., licensed agents, assistants, or associates) who operate under the same brokerage. Team members access the Service using their own credentials but share the account holder's data, including client information, opportunity analysis, and reports.

3.2 Responsibility

The account holder is responsible for all team members added to their account, including their compliance with these Terms and all applicable privacy and regulatory obligations. You must remove team member access promptly when a team member leaves your organization.

3.3 Team Member Communications

Emails and communications generated by team members through the Service will be sent from the team member's own email address. The account holder is responsible for ensuring team members represent themselves accurately in all client communications.

4. Licence Grant and Restrictions

4.1 Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes as a mortgage professional.

4.2 Restrictions

You shall not:

Copy, modify, or create derivative works of the Service
Reverse engineer, disassemble, or decompile any part of the Service
Rent, lease, sell, sublicense, or transfer the Service to any third party
Use the Service to develop a competing product or service
Scrape, harvest, or bulk-extract data from the Service by automated means
Share your login credentials with anyone outside your authorized team
Use the Service in violation of any applicable law or regulation

5. Client Data and Your Responsibilities

5.1 Your Client Data

You retain all ownership rights in the data you upload to the Service ("Client Data"). You grant us a limited licence to use, process, store, and display Client Data solely to provide the Service to you.

5.2 Your Compliance Obligations

You represent and warrant that:

You have obtained all necessary consents from your clients to upload their personal information to the Service
Your use of the Service complies with all applicable privacy laws, including PIPEDA and applicable provincial privacy legislation
You will not upload information you are not authorized to possess or process
You are responsible for the accuracy and completeness of the Client Data you upload

5.3 Data Portability

You may export your Client Data at any time through the Service's built-in export features. Upon account termination, you will have thirty (30) days to export your data before it is scheduled for deletion.

5.4 Data Deletion

Upon termination of your account, we will delete your Client Data within ninety (90) days, except where retention is required by law or necessary to resolve disputes. Aggregated, anonymized data that does not identify any individual may be retained indefinitely.

6. Third-Party Integrations

6.1 CRM Integrations

The Service may connect to third-party CRM platforms (e.g., Finmo) to import or synchronize your client data. By enabling a CRM integration, you authorize us to access and process data from your CRM account solely to provide the Service. You are responsible for maintaining valid credentials and for ensuring your use of the integration complies with the third party's terms of service.

6.2 Third-Party Responsibility

We are not responsible for the availability, accuracy, or security of third-party platforms. If a third-party service experiences downtime, data loss, or security incidents, our liability is limited to the data within our own systems.

7. Fees and Payment

7.1 Subscription Fees

You agree to pay all fees specified in your subscription plan. Subscription fees are billed in advance on a monthly or annual basis through our payment processor, Stripe. All fees are quoted and payable in Canadian dollars (CAD).

7.2 Setup Fees

A one-time setup fee may be charged at the time of account creation. Setup fees are non-refundable.

7.3 Refund Policy

Subscription fees are non-refundable except as required by applicable law. If you cancel during an annual billing period, your access continues until the end of the paid period. No prorated refunds are issued for early cancellation.

7.4 Price Changes

We may change our pricing with at least thirty (30) days' notice. Price changes will take effect at the start of your next billing cycle after the notice period.

7.5 Failed Payments

If a payment fails, we will attempt to collect the overdue amount and notify you by email. If payment remains outstanding for more than fourteen (14) days, we may suspend your access to the Service until the balance is resolved.

8. Referral and Partner Program

8.1 Overview

We may operate a referral or partner program that allows individuals to earn revenue share by referring new subscribers to the Service. Participation in the partner program is governed by a separate Partner Agreement.

8.2 Attribution

Referral attribution is tracked through unique partner URLs, coupon codes, and self-reported referral sources during signup. We use commercially reasonable efforts to attribute referrals accurately but do not guarantee attribution in cases of ambiguity.

8.3 No Obligation

We reserve the right to modify, suspend, or terminate the partner program at any time, with reasonable notice to active participants.

9. Penalty Calculations and Estimates

ESTIMATES ONLY: The penalty calculations, savings estimates, mortgage grades, and other financial projections provided through the Service are approximations for informational and educational purposes only. YOU MUST VERIFY ALL PENALTY AMOUNTS DIRECTLY WITH THE APPLICABLE LENDING INSTITUTION before taking any action or providing advice to clients.

Penalty estimates are based on publicly available information about general lender methodologies and may not reflect actual prepayment penalties. Actual penalties vary significantly based on specific mortgage contract terms, lender-specific calculation methodologies, current posted and discounted interest rates, and individual borrower circumstances.

Rate comparisons, opportunity scoring, and priority rankings are tools to assist your professional judgment, not replacements for it.

10. Automated Analysis and Communications

10.1 Automated Processing

The Service uses automated tools, algorithms, and data processing to analyze mortgage portfolios, identify opportunities, score priorities, and generate communications. These automated outputs are designed to support your work as a licensed professional, not to replace your independent judgment.

10.2 Email Communications

The Service may send automated email communications on your behalf (e.g., daily action summaries, client reports). You are responsible for reviewing the content and accuracy of these communications before they are sent where the Service provides a review step, and for all communications sent from or on behalf of your account.

11. Not Financial, Legal, or Mortgage Advice

INFORMATIONAL PURPOSES ONLY: The Service, including all calculations, analyses, grades, scores, and recommendations, is provided for general informational purposes only. Nothing in the Service constitutes financial, legal, tax, investment, or mortgage advice.

You are a licensed mortgage professional. You are solely responsible for exercising independent professional judgment, verifying all information before relying on it, and ensuring any advice you provide to clients is appropriate for their individual circumstances and complies with applicable regulations.

12. Service Availability

12.1 Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, system updates, or circumstances beyond our control.

12.2 Maintenance

We will make reasonable efforts to schedule maintenance during off-peak hours and to provide advance notice when possible. Emergency maintenance may occur without prior notice.

12.3 No SLA

Unless otherwise agreed in writing, the Service is not subject to a formal service level agreement (SLA). We do not guarantee any specific uptime percentage.

13. Intellectual Property

We own all rights, title, and interest in and to the Service, including all software, algorithms, calculation methodologies, scoring models, user interface designs, and intellectual property. These Terms do not grant you any ownership rights in the Service.

Client-facing tools branded with your name and logo (e.g., Grade My Mortgage, client update links) are provided under the licence granted in Section 4.1 and remain the intellectual property of RateGuard Pro.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any penalty estimates, mortgage grades, opportunity scores, or calculations will be accurate, complete, or current.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
We shall not be liable for any loss of profits, revenue, data, clients, or business opportunities
We shall not be liable for damages arising from inaccuracy in penalty calculations, mortgage grades, opportunity scoring, or any other estimates
We shall not be liable for damages arising from third-party integrations, including CRM data sync errors or failures
We shall not be liable for actions taken by your team members using the Service
Our total aggregate liability for all claims arising out of or related to the Service shall not exceed the fees actually paid by you in the twelve (12) months preceding the claim, or one hundred Canadian dollars ($100 CAD), whichever is greater

16. Indemnification

You agree to indemnify, defend, and hold harmless RateGuard Pro, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Your use of the Service
Your breach of these Terms
Any advice, recommendations, or communications you provide to clients using information from the Service
Your failure to obtain necessary consents from clients
Actions or omissions of team members on your account
Your violation of any applicable law, regulation, or third-party right

17. Term and Termination

17.1 Your Termination

You may cancel your subscription at any time by contacting jeff@rateguardpro.ca. Your access will continue until the end of your current paid billing period.

17.2 Our Termination

We may suspend or terminate your access at any time for cause, including breach of these Terms, non-payment, or conduct that we reasonably believe is harmful to the Service or other users. Where possible, we will provide notice before termination.

17.3 Effect of Termination

Upon termination: (a) your licence to use the Service immediately terminates; (b) you must cease all use of the Service; (c) you will have thirty (30) days to export your Client Data; (d) we will delete your Client Data within ninety (90) days as described in Section 5.4.

17.4 Survival

Sections 5.1, 9, 11, 14, 15, 16, and 18 survive termination of these Terms.

18. Dispute Resolution

18.1 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.

18.2 Jurisdiction

Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts of the Province of Ontario, and you consent to the personal jurisdiction of such courts.

18.3 Limitation Period

Any claim arising out of or related to these Terms must be commenced within one (1) year after the cause of action accrues, or such claim is permanently barred.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Partner Agreement, constitute the entire agreement between you and RateGuard Pro with respect to the Service.

19.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email at least thirty (30) days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

20. Contact Information

If you have questions about these Terms, contact us at:

RateGuard Pro Inc.
Email: jeff@rateguardpro.ca
Website: https://rateguardpro.ca

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.