Terms & Conditions

1. Description of the Service

2nded is a software-as-a-service platform designed for independent mortgage brokers that analyzes past-client loan data to identify potential refinance, home equity line of credit (HELOC), and adjustable-rate mortgage (ARM) reset opportunities. The Service is a data and analytics tool only. 2nded does not originate loans, provide mortgage brokerage services, act as a lender, or make lending decisions of any kind.

2. Eligibility and Account Registration

You represent and warrant that you are (a) at least 18 years old, (b) a licensed mortgage broker or authorized representative of a licensed mortgage brokerage, and (c) legally authorized to enter into these Terms on behalf of yourself or the entity you represent.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Subscription, Fees, and Billing

Monthly Subscription. The Service is offered on a recurring monthly subscription basis. By subscribing, you authorize 2nded to charge your designated payment method automatically each month until you cancel.

Auto-Renewal. Your subscription will automatically renew each month at the then-current rate unless you cancel prior to the next billing date.

Cancellation. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing cycle. No partial-month refunds will be issued except where required by law.

Price Changes. We may change subscription pricing with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

Founding Broker Pricing. Any promotional, discounted, or "Founding Broker" pricing is offered at 2nded's sole discretion and may be modified or discontinued for future billing cycles with notice as required above.

4. Client Data You Upload

The Service allows you to upload, import, or otherwise submit data regarding your past clients, including personally identifiable and financial information such as names, contact information, loan terms, and mortgage details ("Client Data"). This section governs your responsibilities regarding Client Data.

Your Ownership and Responsibility. You retain all rights to Client Data you upload. You are solely responsible for Client Data, including its accuracy and your legal right to collect, use, and share it with 2nded.

Your Compliance Obligations. You represent and warrant that: (a) you have obtained all necessary consents, disclosures, and legal authorization required under applicable law — including the Gramm-Leach-Bliley Act, applicable state privacy and financial-privacy laws, and your own privacy policy and client agreements — to collect, use, and share Client Data with 2nded for the purposes of the Service; and (b) your use of the Service and the Client Data you upload complies with all applicable federal, state, and local laws and regulations, including those governing mortgage brokerage and consumer financial data.

License to 2nded. You grant 2nded a limited, non-exclusive, non-transferable license to store, process, and analyze Client Data solely for the purpose of providing the Service to you. We will not sell Client Data or use it for any purpose other than providing and improving the Service, except as described in our Privacy Policy.

Security. We implement reasonable administrative, technical, and physical safeguards designed to protect Client Data. However, no system is completely secure, and we cannot guarantee absolute security.

Future Integrations. If the Service later supports direct integrations with your existing systems (e.g., loan origination systems or CRMs) in addition to direct upload, these Terms and the license granted above will apply equally to Client Data received through such integrations.

5. Acceptable Use

You agree not to:

• Upload Client Data you do not have the legal right or consent to share;
• Use the Service for any unlawful purpose or in violation of any mortgage lending, consumer protection, or data privacy law;
• Reverse-engineer, decompile, or attempt to extract the source code of the Service;
• Resell, sublicense, or provide access to the Service to any third party without our written consent;
• Interfere with or disrupt the integrity or performance of the Service;
• Use automated means to scrape or extract data from the Service outside normal use.

6. Intellectual Property

The Service, including its software, design, text, graphics, and underlying technology, is owned by 2nded, LLC and protected by intellectual property laws. These Terms grant you a limited, revocable, non-exclusive license to use the Service for your internal business purposes. No other rights are granted.

7. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

2nded does not guarantee any specific business outcome, including the volume, quality, or accuracy of refinance, HELOC, or ARM-reset opportunities identified by the Service. The Service is a data analysis tool intended to assist your own professional judgment — it does not constitute financial, legal, or lending advice, and you remain solely responsible for all communications with, and lending decisions involving, your clients.

8. Limitation of Liability

To the maximum extent permitted by law, 2nded, LLC and its members, managers, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, arising from your use of the Service.

2nded's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total amount you paid to 2nded in the six (6) months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless 2nded, LLC and its members, managers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Client Data you upload, including any lack of consent or authorization to share it; (c) your violation of these Terms; or (d) your violation of any applicable law.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, including for violation of these Terms. Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 6–13) will survive.

11. Binding Arbitration and Class Action Waiver

Agreement to Arbitrate. You and 2nded agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively through binding arbitration, rather than in court, except that either party may bring an individual action in small claims court.

Arbitration Rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and will take place in, or be conducted remotely with venue deemed to be, Illinois. The arbitrator's decision will be final and binding.

Class Action Waiver. You and 2nded agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to the contact information below within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts identified in Section 12.

12. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration (or if you have validly opted out of arbitration), you agree to the exclusive jurisdiction of the state and federal courts located in Illinois.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (such as by email or an in-app notice) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and 2nded regarding the Service.

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

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact Us

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