Terms of Service

Introduction

Welcome to Gizmo! These Terms of Service (“Terms”) govern your use of the Gizmo platform (“Service”). By using our Service, you agree to comply with all of these Terms. If you do not agree with any part of these Terms, please do not use our Service.

1. Definitions

“Gizmo” refers to the company and its SaaS platform for mortgage originators. “User” or “You” refers to any individual or entity using the Service. “Content” refers to any data, information, text, graphics, or other materials uploaded, downloaded, or appearing on the Service.

2. Eligibility

To use the Service, you must be at least 18 years old and legally capable of entering into a binding contract. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current. You are responsible for safeguarding your account password and for any activities or actions under your account.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
  • To engage in any activity that is illegal, fraudulent, or harmful to Gizmo or its users.
  • To interfere with or disrupt the Service or servers or networks connected to the Service.
  • To impersonate any person or entity or misrepresent your affiliation with a person or entity.

5. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to the terms of our Privacy Policy.

6. Ownership and Data Access

Customer Data: You retain ownership of the data you input into the Gizmo platform (“Customer Data”). However, by using Gizmo, you grant us a license to process, host, and analyze your data solely for the purpose of providing and improving the Service.

Access Rights: While your subscription is active and in good standing, you may access and interact with your data through the tools and features provided by Gizmo. Gizmo does not provide raw database access, bulk data exports, or system-level data.

Subscription Requirement: Access to your data is contingent upon maintaining an active subscription. If your subscription expires, is canceled, or terminated, you forfeit any right to access or export your data. Gizmo will retain your data for a limited period (e.g., [X] days) after termination, during which you may reactivate your subscription to restore access. After this period, Gizmo may securely delete your data.

Restrictions: You agree that Gizmo’s systems, databases, and architecture are proprietary to Gizmo. You have no right to access, export, or use system-level data, analytics, or other information beyond what is explicitly provided through the Service interface.

7. Subscription and Fees

Certain features of the Service may require a subscription and payment of fees. By subscribing to these features, you agree to pay the applicable fees and charges. Gizmo reserves the right to change its fees at any time, with notice provided to you prior to any such changes.

8. Termination

Gizmo may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

9. Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Gizmo makes no warranties, express or implied, regarding the Service, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, Gizmo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located in Delaware.

12. Changes to Terms

Gizmo reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service after the changes become effective constitutes your acceptance of the new Terms.

13. Contact Information

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

Gizmo
131 Continental Dr, Suite 305
Newark, DE 19713
Email: jake@usegizmo.com
Phone: (330) 858-4248

By using the Gizmo Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.