Terms of Use

These Terms of Use (“Terms”) are a legally binding agreement between you, whether personally or on behalf of an entity (“you,” “your,” or “User”), and bevri, LLC (“Bevri,” “Company,” “we,” “us,” or “our”) governing your access to and use of our website located at https://bevri.ai/, our software platform, customer relationship management tools, loan origination system tools, point-of-sale application tools, marketplace, communications tools, artificial intelligence features, integrations, and any related products or services that link to these Terms collectively, the “Services.”

By accessing or using the Services, creating an account, clicking “I agree,” signing an order form, purchasing a subscription, submitting information, or otherwise using Bevri, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

IMPORTANT NOTICE: These Terms contain disclaimers of warranties, limitations of liability, an arbitration agreement, a jury trial waiver, and a class action waiver. Please read them carefully.

1. About Bevri

Bevri provides a software-as-a-service platform that includes customer relationship management tools, loan origination system features, point-of-sale application tools, borrower application intake, document collection, marketplace functionality, communications tools, workflow automation, artificial intelligence features, integrations, and related business services for mortgage professionals, mortgage companies, lenders, brokers, loan officers, processors, vendors, business partners, borrowers, and other approved users.

Bevri is a technology provider. Bevri is not a lender, mortgage broker, loan originator, loan servicer, credit reporting agency, financial advisor, legal advisor, tax advisor, compliance advisor, or underwriter.

Nothing on the Services constitutes an offer to lend, a loan commitment, credit approval, underwriting decision, mortgage advice, legal advice, compliance advice, tax advice, financial advice, or a solicitation for any mortgage product unless provided directly by a properly licensed third party acting in that capacity.

You are solely responsible for ensuring that your use of the Services complies with all laws, regulations, licensing requirements, advertising rules, consent requirements, disclosure requirements, recordkeeping obligations, investor requirements, agency requirements, and industry standards applicable to your business.

2. Loan Origination System and Point-of-Sale Features

Bevri may provide loan origination system, point-of-sale, borrower portal, application intake, document collection, loan status, workflow, communication, file management, application routing, and related mortgage technology features.

Bevri provides technology tools only. Bevri is not responsible for making loan decisions, underwriting decisions, credit decisions, pricing decisions, eligibility determinations, disclosure decisions, adverse action notices, rate locks, closing decisions, funding decisions, licensing determinations, compliance determinations, or any other mortgage-related decision unless expressly stated in a separate written agreement.

Mortgage companies, brokers, lenders, loan officers, processors, vendors, and other business users remain solely responsible for ensuring that their use of the Services complies with all applicable laws and obligations, including but not limited to RESPA, TILA, ECOA, FCRA, HMDA, UDAAP, GLBA, TCPA, CAN-SPAM, state licensing laws, state privacy laws, mortgage advertising rules, record retention rules, investor requirements, agency requirements, warehouse requirements, and regulator requirements.

Borrowers and consumers should understand that submitting information through Bevri does not guarantee loan approval, loan terms, interest rates, closing, funding, or eligibility for any mortgage product. Any loan approval, offer, disclosure, pricing, commitment, or denial must come from the applicable licensed mortgage company, lender, broker, or loan originator.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you use the Services on behalf of a company, organization, mortgage company, lender, broker, vendor, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

The Services are intended for use by individuals and businesses located in the United States unless we expressly approve otherwise in writing. You are responsible for compliance with all local, state, federal, and international laws that may apply to your use of the Services.

4. Accounts and Registration

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to update that information as necessary.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree not to share your login credentials with unauthorized users. You must notify us immediately if you believe your account has been compromised or used without authorization.

We may suspend, restrict, or terminate your account if we believe your information is inaccurate, your account has been compromised, your use creates risk to Bevri or others, or you have violated these Terms.

5. Company Accounts, Teams, and Authorized Users

If you create or manage an account for a company, branch, team, vendor, partner, lender, broker, or other business entity, you are responsible for all users invited to, added to, or managed under that account.

You are responsible for:

• assigning appropriate user permissions;
• removing users who should no longer have access;
• ensuring all users comply with these Terms;
• maintaining proper authorization for customer, borrower, lead, vendor, and business partner data entered into the Services;
• ensuring that each user has any license, consent, or approval required to perform their activities;
• monitoring account activity and internal access;
• managing data exports, downloads, and retention obligations.

Bevri is not responsible for unauthorized internal access caused by your failure to manage users, permissions, devices, passwords, access levels, or account controls.

6. Subscription Plans, Billing, and Payment

Certain Services may require a paid subscription, usage-based fee, marketplace purchase, setup fee, implementation fee, credit package, seat license, add-on, transaction fee, or other paid arrangement.

By purchasing or using a paid Service, you agree to pay all applicable fees, taxes, and charges. You authorize Bevri and its payment processors to charge your payment method for all amounts due.

Unless otherwise stated in a signed agreement or order form:

• subscriptions automatically renew at the end of each billing period;
• fees are billed in advance;
• payment obligations are non-cancelable during the applicable billing period;
• fees paid are non-refundable, except where required by law or expressly agreed by Bevri in writing;
• additional users, seats, credits, features, storage, integrations, transaction volume, or usage may result in additional charges;
• failure to pay may result in suspension or termination of access.

We may change pricing, plans, features, or billing structures from time to time. We will make commercially reasonable efforts to provide notice of material pricing changes before they apply to your active subscription.

7. Cancellation

You may cancel your subscription through your account settings, dashboard, or by contacting us at privacy@bevri.ai.

Cancellation will take effect at the end of the then-current paid billing period unless otherwise stated in your order form or written agreement.

You will not receive a refund or credit for partial billing periods, unused features, unused seats, unused credits, marketplace purchases, lead purchases, setup fees, implementation fees, onboarding fees, or unused time, unless required by law or expressly agreed by Bevri in writing.

Upon cancellation or termination, your access to the Services may be disabled, restricted, archived, or deleted in accordance with these Terms and our data retention practices.

8. Billing Disputes and Chargebacks

If you believe a charge is incorrect, you must notify us in writing within fifteen (15) days of the charge date. Failure to dispute a charge within that time may waive your right to contest the charge.

You agree not to initiate a chargeback, payment reversal, or payment dispute without first contacting us and giving us a reasonable opportunity to resolve the issue.

If you initiate an improper chargeback, we may suspend or terminate your account and seek reimbursement for the disputed amount, bank fees, chargeback fees, collection costs, and reasonable attorneys’ fees.

9. Marketplace, Leads, Vendors, and Third-Party Offers

Bevri may offer a marketplace where users can access, purchase, request, or interact with third-party products, vendors, services, leads, closing gifts, marketing services, business tools, integrations, data services, or other offerings.

Unless expressly stated otherwise, marketplace vendors and third-party providers are independent third parties. Bevri does not control, guarantee, endorse, warrant, or assume responsibility for third-party services, third-party content, lead quality, vendor performance, delivery timelines, conversion rates, compliance, pricing, refunds, representations, or results.

You are responsible for reviewing and agreeing to any third-party terms that apply to marketplace purchases, third-party services, or integrations. Any transaction between you and a third party is solely between you and that third party.

Bevri may receive compensation, referral fees, marketplace fees, revenue share, lead fees, advertising fees, or other economic benefit from certain vendors, partners, marketplace listings, or lead programs.

Bevri may remove, modify, suspend, or discontinue any marketplace listing, vendor, offer, product, or service at any time without liability.

10. Lead Data and Business Opportunities

Any leads, lead data, contact lists, consumer information, business opportunities, or similar materials made available through the Services are provided “as is” unless a separate written agreement states otherwise.

Bevri does not guarantee that any lead will be accurate, exclusive, compliant, valid, interested, qualified, responsive, financeable, convertible, or profitable.

You are solely responsible for:

• verifying lead information;
• obtaining and documenting required consent;
• complying with TCPA, CAN-SPAM, Do Not Call rules, state mini-TCPA laws, privacy laws, mortgage advertising rules, fair lending obligations, licensing rules, RESPA, TILA, MAP Rule, UDAAP, and all other applicable laws;
• honoring opt-outs and communication preferences;
• ensuring that outreach is lawful, truthful, and appropriate;
• maintaining any required records of consent, communication, disclosure, or advertising approval.

11. Communications, Voice, SMS, Email, and Consent

The Services may allow you to send, receive, automate, record, transcribe, summarize, track, or manage communications, including emails, calls, voicemail, SMS/MMS messages, artificial intelligence-generated messages, call notes, chat messages, borrower communications, and other communications.

You are solely responsible for ensuring that each communication you send or cause to be sent through Bevri complies with applicable law.

This includes, without limitation:

• obtaining proper consent before sending SMS, MMS, calls, prerecorded messages, artificial voice messages, ringless voicemail, marketing emails, or automated outreach;
• honoring “STOP,” unsubscribe, do-not-call, revocation, and opt-out requests;
• maintaining required disclosures and records of consent;
• complying with TCPA, CAN-SPAM, Telemarketing Sales Rule, state telemarketing laws, state privacy laws, mortgage advertising laws, and industry rules;
• ensuring all message content is truthful, not misleading, and properly licensed or approved where required;
• ensuring that any call recording, transcription, monitoring, or analysis complies with applicable consent laws.

Bevri may suspend or restrict messaging, calling, automation, or communication features if we believe your use creates legal, reputational, operational, deliverability, carrier, vendor, or platform risk.

Standard message and data rates may apply to SMS/MMS communications. Recipients may opt out of messages by replying “STOP” where supported.

12. Artificial Intelligence and Automation Features

Bevri may include artificial intelligence, automation, recommendation, scoring, content generation, call analysis, conversation analysis, lead analysis, document analysis, workflow, or similar features.

AI and automation outputs may be inaccurate, incomplete, outdated, biased, misleading, or inappropriate. You are solely responsible for reviewing, approving, editing, and verifying any AI-generated or automated output before using it.

You may not rely on AI features as a substitute for professional judgment, compliance review, legal advice, underwriting, credit decisioning, fair lending analysis, financial advice, consumer-facing disclosures, or required human review.

You agree not to use AI or automation features to:

• make unlawful credit, housing, employment, insurance, or eligibility decisions;
• discriminate against protected classes;
• generate false, deceptive, or misleading content;
• impersonate others;
• violate privacy, consent, advertising, lending, or consumer protection laws;
• create or send communications without required human review where legally or operationally necessary;
• generate or submit loan application information without proper authorization;
• bypass required mortgage disclosures, compliance checks, or regulatory obligations.

Bevri may monitor, limit, or disable AI and automation features to protect the Services, users, consumers, vendors, or third parties.

13. User Data and Customer Data

“Customer Data” means data, files, contacts, leads, applications, messages, notes, documents, borrower information, business information, loan-related information, communications, and other materials submitted to, uploaded to, transmitted through, or stored in the Services by you or your authorized users.

As between you and Bevri, you retain ownership of your Customer Data. You grant Bevri a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, copy, display, analyze, use, and store Customer Data as necessary to:

• provide, operate, maintain, and improve the Services;
• provide customer support;
• secure the platform;
• prevent fraud, abuse, and misuse;
• troubleshoot, test, and improve functionality;
• comply with applicable law, legal process, audits, and regulatory obligations;
• enforce these Terms;
• provide integrations and features you enable;
• provide LOS, POS, CRM, marketplace, communications, and workflow functionality.

You represent and warrant that you have all rights, permissions, licenses, notices, and consents required to provide Customer Data to Bevri and to allow Bevri to process it as described in these Terms and our Privacy Policy.

14. Sensitive Information and Restricted Data

You may not upload, store, transmit, or collect sensitive information through the Services unless the applicable feature is expressly designed and approved by Bevri for that type of data.

Unless Bevri expressly authorizes the relevant feature in writing, you may not use the Services to collect, upload, transmit, or store:

• full Social Security numbers;
• government ID images;
• full payment card numbers;
• bank account login credentials;
• medical records;
• biometric identifiers;
• passwords or authentication credentials;
• data you are not legally authorized to collect or process;
• any information requiring specialized security, regulatory, or compliance controls that Bevri has not expressly agreed to provide.

If the Services include a specific borrower application, POS, LOS, document collection, or verification feature designed to collect certain regulated information, you may only use that feature in the manner authorized by Bevri and in compliance with applicable law.

If you accidentally submit restricted data in an unauthorized location, you must notify us promptly and cooperate with removal or remediation.

15. Loan, Mortgage, and Consumer Information

If you use Bevri to collect, store, manage, or transmit loan-related, mortgage-related, borrower-related, consumer, financial, or lead information, you acknowledge that this information may be sensitive and subject to legal and regulatory obligations.

You are responsible for determining whether your use of the Services complies with applicable mortgage, consumer protection, privacy, advertising, data security, recordkeeping, and licensing rules.

Bevri may implement technical and organizational safeguards designed to protect information, including access controls, encryption, monitoring, logging, vendor controls, and security reviews. However, no system is perfectly secure, and Bevri does not guarantee that unauthorized access, cyber incidents, data loss, or service interruptions will never occur.

16. Data Security

Bevri uses commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Data. These safeguards may include encryption, access controls, authentication controls, monitoring, logging, backup controls, vendor review, and internal security policies.

You are responsible for your own security practices, including device security, user access management, password protection, account permissions, employee training, lawful data collection, and secure exporting or downloading of information.

You acknowledge that internet-based services are not guaranteed to be completely secure or error-free.

17. Data Retention, Export, and Deletion

You are responsible for exporting, downloading, or preserving Customer Data before canceling, terminating, or materially changing your account.

Following cancellation or termination, Bevri may delete, archive, anonymize, retain, or restrict access to Customer Data in accordance with our internal policies, legal obligations, contractual obligations, backup practices, and Privacy Policy.

Bevri may retain certain information where necessary to comply with law, resolve disputes, enforce agreements, maintain security, prevent fraud, support audit obligations, or comply with mortgage, financial, tax, accounting, legal, or regulatory requirements.

Bevri is not liable for loss of Customer Data after cancellation, termination, suspension, user deletion, improper account administration, or failure to export information.

18. Acceptable Use

You agree not to use the Services for any unlawful, abusive, fraudulent, harmful, deceptive, or unauthorized purpose.

You may not:

• violate any law, regulation, licensing requirement, privacy rule, advertising rule, or industry standard;
• upload viruses, malware, harmful code, or destructive content;
• interfere with or disrupt the Services;
• attempt to gain unauthorized access to systems, accounts, data, or networks;
• scrape, crawl, harvest, mine, or systematically extract data without written permission;
• reverse engineer, decompile, copy, modify, or create derivative works of the Services;
• use the Services to build or support a competing product or service;
• impersonate any person or entity;
• misrepresent your identity, licensing status, authority, affiliation, or business relationship;
• send spam, unlawful marketing, unlawful calls, unlawful texts, or unauthorized solicitations;
• contact individuals who have opted out or asked not to be contacted;
• upload content that is unlawful, defamatory, threatening, abusive, obscene, discriminatory, hateful, deceptive, or infringing;
• violate intellectual property, privacy, publicity, or contractual rights;
• overload, probe, scan, or test the vulnerability of our systems without authorization;
• use bots, scripts, or automated systems to create accounts or abuse the Services;
• bypass usage limits, security controls, or access restrictions;
• sell, rent, lease, sublicense, or transfer your account except as expressly allowed by Bevri;
• use the Services in a way that creates legal, regulatory, security, reputational, operational, or financial risk to Bevri;
• use the Services to submit false, misleading, fraudulent, or unauthorized loan application information;
• use the Services to make discriminatory, unfair, deceptive, or abusive lending, marketing, or consumer decisions.

We may investigate violations and take any action we deem appropriate, including suspension, termination, data removal, restriction of features, reporting to law enforcement, or legal action.

19. Professional Conduct

You agree to communicate with Bevri employees, contractors, vendors, partners, support teams, and representatives professionally and respectfully.

We may suspend or terminate access without refund if we determine that you or your users engage in abusive, threatening, harassing, discriminatory, deceptive, or inappropriate behavior toward Bevri personnel, partners, vendors, or other users.

20. User Content

You are solely responsible for all Customer Data, content, messages, files, reviews, images, text, call scripts, campaigns, automations, workflows, prompts, applications, borrower submissions, and other materials you upload, create, send, or make available through the Services.

You represent and warrant that your content:

• is accurate where accuracy is required;
• does not violate any law;
• does not infringe third-party rights;
• does not contain unlawful, deceptive, discriminatory, or harmful material;
• is submitted with all required rights, permissions, and consents;
• does not contain false, misleading, or unauthorized mortgage, credit, pricing, or loan-related information.

Bevri does not pre-screen all user content and is not responsible for user content. We may remove, disable, or restrict content at any time if we believe it violates these Terms or creates risk.

21. Intellectual Property Rights

The Services, including software, technology, source code, databases, workflows, automations, templates, designs, user interfaces, dashboards, graphics, names, logos, trademarks, service marks, documentation, processes, configurations, marketplace structure, scoring logic, POS structure, LOS structure, CRM structure, and platform features, are owned by Bevri or its licensors and are protected by intellectual property laws.

Subject to these Terms, Bevri grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes during your active subscription.

You may not copy, reproduce, modify, distribute, sell, lease, sublicense, reverse engineer, export, resell, transfer, or create derivative works from the Services except as expressly permitted in writing by Bevri.

No rights are granted except those expressly stated in these Terms.

22. Platform Materials, Templates, and Configurations

Bevri may provide workflows, automations, scripts, marketing templates, campaign structures, lead routing tools, marketplace structures, prompts, CRM configurations, LOS configurations, POS configurations, dashboards, playbooks, forms, and other platform materials.

Unless otherwise agreed in writing, Bevri owns all Bevri-created platform materials, templates, configurations, software, workflows, automations, prompts, and system assets.

You may use these materials only within your active Bevri account and only for your internal business purposes. You may not export, copy, resell, transfer, reproduce, or reuse Bevri proprietary materials outside the Services without written permission.

23. Feedback and Suggestions

If you provide ideas, feedback, suggestions, requests, recommendations, or proposed improvements, you grant Bevri a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, modify, commercialize, and incorporate that feedback without compensation, attribution, or restriction.

Do not submit feedback that you consider confidential or proprietary.

24. Aggregate and De-Identified Data

Bevri may collect, generate, use, and retain aggregated, anonymized, or de-identified data derived from use of the Services for business purposes, including analytics, benchmarking, security, product improvement, artificial intelligence improvement, reporting, and development of new features.

Bevri will not use aggregated or de-identified data in a manner that directly identifies you or an individual consumer, unless permitted by law and our Privacy Policy.

25. Third-Party Integrations

The Services may integrate with third-party platforms, including CRM systems, LOS systems, POS systems, pricing engines, credit providers, verification providers, document providers, email providers, phone providers, SMS providers, payment processors, data vendors, lead providers, analytics providers, advertising platforms, calendar tools, customer support tools, and other systems.

Your use of third-party integrations may be governed by separate third-party terms. Bevri is not responsible for third-party services, third-party data, third-party downtime, third-party security incidents, third-party pricing, third-party changes, or third-party errors.

If a third-party service becomes unavailable, changes its terms, changes pricing, restricts access, or stops supporting an integration, Bevri may modify, suspend, or discontinue the related feature without liability.

26. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

For privacy-related questions, contact us at:

bevri, LLC

28588 Northwestern Hwy

Southfield, MI 48034

Email: privacy@bevri.ai

Website: https://bevri.ai/

27. Electronic Communications and Signatures

By using the Services, creating an account, submitting forms, sending emails, clicking buttons, completing transactions, signing electronically, submitting borrower information, or communicating with us electronically, you consent to receive electronic communications from Bevri.

You agree that electronic records, notices, disclosures, agreements, signatures, consents, and communications satisfy any legal requirement that such communications be in writing.

28. Service Availability and Changes

We may modify, update, suspend, discontinue, or remove any part of the Services at any time. We do not guarantee that the Services will be uninterrupted, error-free, secure, timely, or available at all times.

We may perform maintenance, updates, security patches, or system changes that result in downtime, delays, errors, or reduced functionality.

We are not liable for any loss, damage, inconvenience, lost revenue, lost data, missed communication, missed lead, missed deadline, loan delay, business interruption, or other harm caused by downtime, maintenance, suspension, termination, or changes to the Services.

29. Corrections

The Services may contain typographical errors, inaccuracies, omissions, outdated information, pricing errors, feature descriptions, marketplace errors, vendor information, or other mistakes.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

30. Promotions, Credits, and Incentives

Bevri may offer promotions, free trials, credits, discounts, referral programs, marketplace credits, contests, or incentives. These offers may be subject to additional terms and may be modified, suspended, revoked, or discontinued at any time.

Promotional credits have no cash value, are non-transferable, may expire, and may be reversed if granted in error, misused, abused, or obtained through fraud or manipulation.

Participation in any promotion is subject to these Terms and any additional rules provided with the promotion.

31. DMCA and Copyright Complaints

If you believe content available through the Services infringes your copyright, you may send a notice to privacy@bevri.ai with:

• your physical or electronic signature;
• identification of the copyrighted work claimed to be infringed;
• identification of the allegedly infringing material and where it is located;
• your contact information;
• a statement that you have a good-faith belief the use is not authorized;
• a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We may remove or disable allegedly infringing content and may terminate repeat infringers where appropriate.

32. California Users and Residents

If a complaint is not resolved to your satisfaction, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112

Sacramento, CA 95834

Telephone: (800) 952-5210 or (916) 445-1254

33. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BEVRI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, AND ERROR-FREE OPERATION.

BEVRI DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, PRODUCE ANY PARTICULAR RESULT, GENERATE LEADS, CLOSE LOANS, INCREASE REVENUE, IMPROVE CONVERSION, ENSURE COMPLIANCE, PREVENT ERRORS, PREVENT DATA LOSS, OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

BEVRI DOES NOT WARRANT THAT ANY LEAD, BORROWER, APPLICATION, DOCUMENT, COMMUNICATION, AI OUTPUT, WORKFLOW, MARKETPLACE OFFER, INTEGRATION, OR THIRD-PARTY SERVICE WILL BE ACCURATE, COMPLETE, COMPLIANT, AVAILABLE, OR SUITABLE FOR YOUR PURPOSES.

YOU USE THE SERVICES AT YOUR OWN RISK.

34. No Compliance, Legal, Financial, or Mortgage Advice

Bevri may provide tools, templates, workflows, prompts, dashboards, scripts, suggested language, alerts, educational materials, application flows, document checklists, or mortgage-related technology features.

These materials are provided for convenience only and do not constitute legal, compliance, mortgage, financial, tax, accounting, underwriting, credit, licensing, fair lending, or professional advice.

You are responsible for obtaining advice from qualified professionals and for ensuring that your use of the Services complies with all applicable requirements.

35. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BEVRI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, VENDORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS, LOSS OF GOODWILL, SERVICE INTERRUPTION, MISSED LEADS, MISSED COMMUNICATIONS, LOAN DELAYS, LOST LOAN OPPORTUNITIES, COMPLIANCE ERRORS, COST OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, BEVRI’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO BEVRI FOR THE SERVICES DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF BEVRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

36. Indemnification

You agree to defend, indemnify, and hold harmless Bevri, its affiliates, officers, directors, employees, contractors, agents, licensors, vendors, and partners from and against any claims, liabilities, damages, judgments, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the Services;
• your Customer Data or user content;
• your violation of these Terms;
• your violation of applicable law;
• your communications, calls, texts, emails, marketing, advertising, or outreach;
• your violation of any consumer, borrower, lead, vendor, partner, employee, or third-party rights;
• your use of marketplace vendors, leads, or third-party services;
• your negligence, fraud, misconduct, or unauthorized activity;
• your failure to obtain required consents, licenses, permissions, or approvals;
• your use of the Services for loan origination, POS application intake, borrower communications, document collection, or mortgage-related workflows;
• your failure to comply with RESPA, TILA, ECOA, FCRA, HMDA, UDAAP, GLBA, TCPA, CAN-SPAM, licensing rules, privacy laws, advertising laws, record retention rules, or other applicable requirements.

We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any claim without our prior written consent.

37. Termination

These Terms remain in effect while you use the Services.

We may suspend, restrict, or terminate your access to the Services at any time if we believe:

• you violated these Terms;
• your use creates legal, security, regulatory, reputational, operational, or financial risk;
• your payment is overdue;
• your account is compromised;
• you misuse communications, AI, automation, lead, marketplace, LOS, POS, CRM, or data features;
• we are required to do so by law, vendor requirement, carrier requirement, regulator, court order, or government request.

Upon termination, your right to use the Services will immediately stop. We may delete, archive, restrict, or retain data in accordance with these Terms and our policies.

Sections that by their nature should survive termination will survive, including intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, data retention, and general provisions.

38. Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles.

39. Informal Dispute Resolution

Before filing any arbitration or legal proceeding, you and Bevri agree to first attempt to resolve the dispute informally.

The party raising the dispute must send written notice describing the nature of the dispute and the requested relief. Notices to Bevri must be sent to:

bevri, LLC

28588 Northwestern Hwy

Southfield, MI 48034

Email: privacy@bevri.ai

The parties will attempt in good faith to resolve the dispute for thirty (30) days after notice is received.

40. Arbitration Agreement

If a dispute cannot be resolved informally, you and Bevri agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, except for claims that may be brought in small claims court or claims for injunctive or equitable relief.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules. The arbitration will be conducted by a single neutral arbitrator. The arbitration may be conducted by phone, video conference, written submissions, or in person, as determined by the arbitrator and applicable rules.

Unless otherwise required by law or agreed by the parties, arbitration will take place in Oakland County, Michigan.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

41. Class Action Waiver

YOU AND BEVRI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims of more than one person or entity and may not preside over any class, collective, or representative proceeding.

42. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BEVRI WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

43. Exceptions to Arbitration

Either party may bring the following claims in court:

• claims seeking injunctive or equitable relief;
• claims involving intellectual property rights;
• claims involving unauthorized access, theft, misuse of data, or computer abuse;
• claims eligible for small claims court.

For any court proceeding permitted under these Terms, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Oakland County, Michigan, unless applicable law requires otherwise.

44. Time Limit to Bring Claims

To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arose, or it will be permanently barred.

This limitation does not apply where prohibited by law.

45. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you by posting the updated Terms on our website, sending an email, displaying an in-platform notice, or using another reasonable method.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

46. Miscellaneous

These Terms, together with any applicable order form, subscription agreement, privacy policy, marketplace terms, data processing agreement, business associate agreement if applicable, borrower-facing disclosure, or additional terms incorporated by reference, constitute the entire agreement between you and Bevri regarding the Services.

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

Our failure to enforce any provision is not a waiver of our right to do so later.

You may not assign or transfer these Terms without our prior written consent. Bevri may assign or transfer these Terms in connection with a merger, acquisition, financing, sale of assets, restructuring, or by operation of law.

No joint venture, partnership, employment, franchise, or agency relationship is created by these Terms.

Headings are for convenience only and do not affect interpretation.

47. Contact Us

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

bevri, LLC

28588 Northwestern Hwy

Southfield, MI 48034

Website: https://bevri.ai/

Email: privacy@bevri.ai