Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and ITISWHATITIS LLC, an Indiana limited liability company ("Control Freak," "we," "us," or "our"), for the use of the Control Freak customer relationship management platform, available at controlfreak.cloud, together with its related websites, applications, and services (collectively, the "Service").

By creating an account, signing in, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree to these Terms, do not use the Service.

1. The Service

Control Freak is a business productivity and customer relationship management tool designed for mortgage and financial services professionals. The Service helps account holders organize contacts, loans, referral partners, marketing activity, and related business information. Features may change over time as the Service evolves.

The Service is a business tool. Nothing in the Service is legal, tax, accounting, or financial advice, and the Service does not provide mortgage lending services of any kind.

2. Eligibility and Accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• The Service is offered for business and professional use. It is not a consumer lending product.
• You are responsible for the accuracy of your account information and for keeping your sign in credentials confidential.
• You are responsible for all activity that occurs under your account, including activity by team members and other users you authorize.
• Notify us promptly at [email protected] if you believe your account has been compromised.

3. Your Responsibilities and Regulatory Compliance

The Service stores and organizes information on your behalf. You, not Control Freak, are responsible for complying with every law and regulation that applies to your business and to the information you place in the Service. This includes, as applicable:

• Federal and state lending, licensing, privacy, and data protection laws, including the Gramm Leach Bliley Act and the Fair Lending and Equal Credit Opportunity requirements that apply to your business.
• Consent and content requirements for communications you send, including the Telephone Consumer Protection Act, the CAN SPAM Act, and carrier and platform messaging rules.
• Obtaining every notice, consent, and authorization needed from your customers and contacts before you enter their information into the Service or communicate with them through it.
• The accuracy, legality, and appropriateness of the information you enter and the messages, files, and materials you send or publish using the Service.

Control Freak does not review your data or your communications for legal compliance and does not act as your compliance department, lender, broker, or legal advisor.

4. Customer Data

"Customer Data" means the information you and your authorized users enter into the Service, such as contact records, loan details, notes, and communications history relating to your customers, clients, and referral partners.

• Ownership. As between you and us, you own your Customer Data. We claim no ownership interest in it.
• License to operate. You grant us a limited license to host, store, process, transmit, and display Customer Data solely to provide, secure, maintain, and improve the Service for you.
• Our role. We process Customer Data on your behalf and at your direction. We do not sell Customer Data, and we do not use Customer Data to advertise to your customers.
• Your duties. You represent that you have the right to provide Customer Data to the Service and that your use of it through the Service complies with Section 3.
• Removal. You may delete Customer Data at any time through the Service. Following account closure, we delete or de identify Customer Data in accordance with our Privacy Policy.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Enter information you do not have the right to store or use, or send communications without required consent.
• Send spam, deceptive, harassing, or discriminatory messages through the Service.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems, or probe or scan for vulnerabilities except as expressly permitted in writing.
• Upload malware or content that infringes the intellectual property, privacy, or other rights of any person.
• Copy, resell, sublicense, or create derivative works from the Service except as these Terms allow.
• Interfere with the integrity or performance of the Service or the data of other customers.

We may suspend or terminate access for conduct that violates this Section or that creates risk for the Service or other users.

6. Third Party Services and Integrations

The Service can connect, at your direction, to third party services such as scheduling, email, social media, analytics, and data providers. Those services are operated by their own providers under their own terms and privacy policies. We are not responsible for third party services, for their availability, or for any data after you direct it to them. Disconnecting an integration stops future data flow to that provider.

7. Fees and Payment

• Some accounts are provided free of charge. Paid plans, if offered, will be described at sign up or in an order form, and the price shown there governs.
• Paid plans renew for the period selected until cancelled. You may cancel at any time; cancellation takes effect at the end of the current paid period.
• Fees are stated in United States dollars, are exclusive of taxes, and are nonrefundable except where the law requires a refund or where your order form says otherwise.
• We may change paid plan pricing with at least 30 days notice before the change applies to your next renewal period.
• If a payment fails, we may suspend paid features after reasonable notice and an opportunity to cure.

8. Intellectual Property

The Service, including its software, design, logos, and content other than Customer Data, is owned by ITISWHATITIS LLC and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Service for your internal business purposes. No rights are granted other than those expressly stated here.

9. Feedback

If you send us suggestions or feedback about the Service, we may use it without restriction or payment to you. Please do not send us confidential information as feedback.

10. Service Availability and Changes

We work to keep the Service available and secure, but we do not guarantee uninterrupted or error free operation. We may modify, add, or remove features, and we will give reasonable notice of material changes that reduce core functionality for paying accounts. We may perform maintenance with or without notice.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT DATA WILL NEVER BE LOST, OR THAT THE SERVICE WILL BE FREE OF HARMFUL COMPONENTS. Market, rate, and statistical information shown in the Service is supplied by third parties for general informational purposes and may be delayed or inaccurate; it is not a quote, offer, or commitment to lend.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ITISWHATITIS LLC, ITS MEMBERS, MANAGERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify and hold harmless ITISWHATITIS LLC and its members, managers, and employees from claims, damages, liabilities, and reasonable attorneys fees arising from your Customer Data, your communications sent through the Service, your violation of these Terms, or your violation of any law or the rights of any person.

14. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, fail to pay amounts owed, or if continued service creates legal or security risk. On termination, your right to use the Service ends. Sections that by their nature should survive termination, including Sections 4, 8, 11, 12, 13, 17, and 18, will survive.

15. Copyright Policy

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Notices should be sent to our designated agent at [email protected] and should include the information the DMCA requires. We may remove allegedly infringing material and may terminate repeat infringers.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Indiana, without regard to its conflict of law rules. Any dispute arising from these Terms or the Service will be brought exclusively in the state courts located in Howard County, Indiana, or the United States District Court for the Southern District of Indiana, and you consent to personal jurisdiction there. You and we each waive jury trial to the fullest extent permitted by law.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page, update the date above, and, for material changes affecting paying accounts, provide notice through the Service or by email at least 15 days before the changes take effect. Continued use of the Service after the effective date means you accept the updated Terms.

18. General

These Terms, together with the Privacy Policy and any order form, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms or your account without our written consent; we may assign them in connection with a sale or restructuring of our business. Notices to you may be sent through the Service or to your account email address. Notices to us must be sent to the contact below.

19. Contact

ITISWHATITIS LLC, doing business as Control Freak
Email: [email protected]

20. Text Messaging Program

Control Freak, operated by ITISWHATITIS LLC, offers a text messaging program that licensed loan officers use to communicate one to one with their own clients and referral partners, including loan application updates, document requests, appointment scheduling and reminders, and follow up conversations.

End users opt in by providing their mobile number to their loan officer during the mortgage application process, on paper or online intake forms, in person, or by texting the officer's business number first. Message frequency varies. Message and data rates may apply. End users can reply STOP to opt out at any time and HELP for help. Wireless carriers are not liable for delayed or undelivered messages. The program is also described at controlfreak.cloud/texting.