Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you,” “User,” or “MLO”) and PreQualiFly, LLC (“PreQualiFly,” “we,” “us,” or “our”) governing access to and use of the PreQualiFly websites, web application, mobile applications, and related services (collectively, the “Service”).

By creating an account, starting a trial, subscribing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Who the Service Is For

1.1 Professional tool only.

PreQualiFly is a productivity and document-preparation tool designed for mortgage loan originators and related licensed mortgage professionals.

1.2 Eligibility.

You must:

• Be at least 18 years old; and
• Hold an active NMLS license or registration appropriate to your role; and
• Use the Service only in a lawful, professional capacity.

1.3 Not a consumer lending app.

The Service does not:

• Originate mortgage loans;
• Underwrite or make credit decisions for consumers;
• Act as your lender, broker of record, or employer; or
• Replace your company/broker LOS, policies, or compliance program.

You remain solely responsible for verifying all prequalification information in your company- or broker-sponsored LOS and for following all applicable laws, investor guidelines, and employer policies.

2. Account Registration; One NMLS = One Account

2.1 Account required.

Core features require an account.

2.2 Single-user license.

For now, each account is a single-user license. One account = one natural person = one NMLS number.

2.3 Accurate information.

You must provide accurate registration and profile information, including your NMLS number and professional details, and keep them current.

2.4 Credentials.

You are responsible for safeguarding login credentials. Sharing passwords or allowing others to use your account is prohibited.

2.5 Concurrent sessions.

We may limit concurrent authenticated sessions (for example, up to three sessions such as iPhone, iPad, and web). We may use session tokens and similar controls to enforce this. Attempting to bypass session limits is a violation of these Terms.

3. NMLS Verification and Professional Status

3.1 Active status required.

Access to the Service is conditioned on maintaining an active NMLS license or registration.

3.2 Audits.

We may audit and confirm NMLS status (including through public NMLS Consumer Access or similar sources, and other reasonable verification methods).

3.3 Non-active status.

If your NMLS status is anything other than active (including inactive, suspended, revoked, expired, or otherwise not in good active standing), we may immediately suspend your account and access to the Service until status is restored and verified, or we may terminate the account as provided below.

3.4 No refund for ineligible use.

If we determine you signed up or used the Service without a valid active NMLS license/registration, no refund will be issued.

3.5 State licenses.

You are solely responsible for maintaining any required state licenses and authorizations. PreQualiFly does not supervise your licensed activity.

4. Subscriptions, Trial, Billing (Web Only)

4.1 Where subscriptions are sold.

Paid subscriptions are offered only online through our website/web application at prequalifly.app (and related PreQualiFly web checkout flows).

Apple In-App Purchase is not used for subscriptions. The mobile app provides login and account management links (including links to manage your account/subscription on the web). Purchase, renewal, cancellation, and billing support for subscriptions are handled through the web account experience and our payment processor—not through the App Store IAP system.

4.2 Plans and pricing.

Current plan names, features, and prices are displayed at purchase on the website/checkout. Prices may change from time to time; changes apply as disclosed at checkout or on renewal notice. For reference only, plans have included offerings starting at amounts such as $14.99/month and $159.99/year; the amounts shown to you at checkout control.

4.3 Trial.

New eligible users may receive a 3-day trial, followed by a 2-day grace period, after which payment is processed according to the plan selected—unless you cancel before the paid period begins under the trial/grace rules shown at signup.

4.4 Failed payment; Incomplete mode.

If payment fails, the account may enter Incomplete mode. In Incomplete mode, you will not have access to paid/core features until payment succeeds and the account is restored to good standing.

4.5 Renewals.

Subscriptions renew at the end of each billing period until canceled. By subscribing, you authorize recurring charges to your payment method for the then-current plan price plus applicable taxes.

4.6 Taxes.

You are responsible for any applicable taxes.

5. Cancellation

5.1 How to cancel.

You may cancel through the in-app/web account management flows provided by PreQualiFly.

5.2 Cancellation stops renewal, not current access.

A valid cancellation request completed in the Service (subject to ordinary processing time) stops automatic renewal. Cancellation does not immediately end the paid period you already purchased.

5.3 Access through the end of the paid period.

After you cancel, the Service continues through the last day of the then-current paid period. You keep paid features until that period expires.

5.4 End of period; subscription ends; data deleted.

When the last paid period expires: (a) the subscription ends; (b) paid/core features stop; and (c) we delete client/borrower profiles and associated account data as described in the Privacy Policy (subject to limited residual copies in backups for a short period, legal holds, or fraud prevention where reasonably necessary). If you want data removed sooner, use the in-app account deletion feature described in Section 9.2.

6. Refund Policy

6.1 No pro-rated refunds on cancellation.

Because you retain access through the end of the paid period you already purchased, cancellation does not entitle you to a refund of unused time.

6.2 Billing errors and required refunds.

If we charge you in error, or a refund is required by law, we will refund the applicable amount to the original payment method within approximately ten (10) days after approval (processor timing may vary).

6.3 No refund in these cases (among others):

• Abuse of the Service or violation of these Terms;
• Chargebacks or payment disputes initiated outside our refund process;
• Signup or use without a valid active NMLS license/registration;
• Fraud, misrepresentation, or multi-account/trial abuse;
• Suspension or termination for cause under Section 8 or 9.

6.4 Discretion.

Except where required by law, refunds outside this policy are not guaranteed.

7. License Grant; Intellectual Property

7.1 Limited license.

Subject to these Terms and an account in good standing, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your internal professional use as a single licensed user.

7.2 PreQualiFly IP.

The PreQualiFly name, logos, product design, software, and related materials are owned by PreQualiFly, LLC or its licensors. You may not copy, modify, reverse engineer, rent, resell, or create derivative works except as allowed by law or our prior written consent.

7.3 Your content.

You retain rights to content you submit (e.g., borrower profile data you enter, your uploaded company logo). You grant us a limited license to host, process, display, and use that content solely to operate and provide the Service.

7.4 Company logo upload.

If you upload a company logo for letterhead or similar output, you represent and warrant that you have all rights needed to use that logo and that your use on prequalification materials complies with applicable mortgage advertising and regulatory rules. PreQualiFly is not responsible for unauthorized logo use or non-compliant branding.

7.5 No export feature.

The Service is not offered as a general data-export platform. Data entered cannot be exported as a bulk export feature of the product (except as required by law or as we expressly enable in writing).

8. Acceptable Use; Anti-Abuse (Strict)

You agree not to:

• 8.1 Share an account or password with any other person;
• 8.2 Allow multiple people to use one login as a shared “office” account;
• 8.3 Exceed permitted concurrent sessions or evade session controls;
• 8.4 Create multiple accounts to extend trials, avoid payment, evade suspension, or otherwise abuse the Service;
• 8.5 Misrepresent your identity, NMLS number, or license status;
• 8.6 Use the Service if you are not an eligible licensed professional;
• 8.7 Scrape, probe, overload, or disrupt the Service;
• 8.8 Use the Service for unlawful purposes or to produce misleading borrower communications;
• 8.9 Upload malware or infringing content;
• 8.10 Attempt to access another user’s data.

Consequences (anti-abuse). For violations, we may apply, as appropriate: (1) warning, (2) second warning, (3) suspension, and/or (4) termination, including permanent bans of related accounts. No refund will be issued for terminations or suspensions for abuse or cause.

We may skip progressive warnings for serious violations (fraud, data misuse, clear multi-account trial abuse, etc.).

9. Suspension and Termination

9.1 By you.

You may stop using the Service and cancel as described above.

9.2 Account deletion.

When you delete your account through the in-app deletion feature, cancellation is immediate, and we delete client/borrower profiles and associated account data as described in the product flow and Privacy Policy (subject to limited residual copies in backups for a short period, legal holds, or fraud prevention where reasonably necessary).

9.3 By us.

We may suspend or terminate access immediately if:

• You breach these Terms;
• NMLS status is not active;
• Payment fails or the account remains in Incomplete mode;
• We detect abuse, fraud, or risk to the Service or other users;
• Required by law.

9.4 Effect.

Upon termination for cause, the license ends and access ceases. Sections that by nature should survive (IP, disclaimers, limitation of liability, indemnity, governing law, anti-abuse) survive.

10. Pre-Qualification Outputs; Your Compliance Responsibility

10.1 Tool only.

Forms, calculations, PDFs, and templates are tools. They may contain errors, omissions, or formatting limits.

10.2 You must verify.

You must review every output and confirm accuracy in your own systems and processes before relying on it or sending it to third parties.

10.3 No legal, credit, or lock advice.

PreQualiFly does not provide legal, compliance, tax, or credit advice and does not make rate-lock recommendations. Lock decisions are solely between you, your company, and the borrower.

11. Market Data Disclaimer

Market-related displays (including without limitation MBS reference levels, Treasury yields, WTI, or similar) are informational only. Data may be delayed, incomplete, manually entered, or incorrect.

PreQualiFly does not provide investment, hedging, or lock advice and does not guarantee market data. You are solely responsible for decisions made with borrowers or counterparties.

12. Third-Party Services

The Service may rely on third parties (for example, hosting, authentication, databases, payment processing, PDF libraries). Their terms and availability may affect the Service. We are not responsible for third-party outages beyond our reasonable control.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREQUALIFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that outputs will be accepted by any lender, investor, regulator, or counterparty.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREQUALIFLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PREQUALIFLY FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless PreQualiFly and its personnel from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your borrower communications or prequalification documents; (c) your license status or regulatory compliance; (d) your uploaded logos or content; or (e) your breach of these Terms.

16. Privacy

Our collection and use of personal information is described in our Privacy Policy (available on prequalifly.app). If there is a conflict about data practices, the Privacy Policy controls for that subject; these Terms control for access, billing, and license rules.

17. Changes to the Service or Terms

We may modify the Service and these Terms. Material changes will be posted with an updated “Last updated” date and/or notice through the Service or email. Continued use after changes become effective constitutes acceptance, except where required otherwise by law.

18. Governing Law; Disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

Exclusive venue for disputes shall be the state or federal courts located in Arizona, unless applicable law requires otherwise. You consent to personal jurisdiction there.

19. Miscellaneous

19.1 Entire agreement.

These Terms and the Privacy Policy are the entire agreement regarding the Service.

19.2 Severability.

If a provision is unenforceable, the remainder stays in effect.

19.3 No waiver.

Failure to enforce a provision is not a waiver.

19.4 Assignment.

You may not assign these Terms without our consent; we may assign to an affiliate or successor.

19.5 Force majeure.

We are not liable for delays or failures due to events beyond reasonable control.

20. Contact

PreQualiFly, LLC

Email: info@prequalifly.app

17226 E El Pueblo Blvd, Fountain Hills, AZ 85268

For subscription management, cancel, refund requests, or account deletion, use the in-product account tools where available, or contact the email above.