Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website pointora.org (the "Site") and the AI-powered lending decision platform, APIs, and related services (collectively, the "Services") provided by Pointora, LLC ("Pointora," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

Pointora provides an enterprise-grade AI decision engine ("PointoraLP") designed for the lending industry. Our Services include but are not limited to:

• Automated credit decisioning for auto lending, chattel lending, and merchant cash advance (MCA) underwriting
• API-based integration with client lending systems
• Real-time loan application processing and risk assessment
• Dashboard and analytics tools for monitoring decisioning performance
• Professional services including configuration, onboarding, and support

3. Eligibility

Our Services are intended for use by businesses and professionals in the financial services industry. By using our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. Our Services are not intended for consumer or personal use.

4. Account Registration and Security

Certain features of the Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

5. Use of Services

Permitted Use

You may use the Services solely for their intended purpose of credit decisioning and lending operations, in compliance with all applicable laws and regulations, including but not limited to the Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), and other applicable lending regulations.

Prohibited Conduct

You agree not to:

• Use the Services for any unlawful or unauthorized purpose
• Reverse engineer, decompile, or disassemble any part of the Services
• Attempt to gain unauthorized access to our systems or networks
• Transmit any malicious code, viruses, or harmful data
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services in a manner that discriminates against any protected class
• Resell, sublicense, or redistribute the Services without written consent
• Scrape, crawl, or use automated means to extract data from the Site

6. Intellectual Property

All content, features, and functionality of the Services, including but not limited to software, algorithms, models, text, graphics, logos, and trademarks, are the exclusive property of Pointora or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. No right, title, or interest in any intellectual property is transferred to you by these Terms.

7. Client Data

You retain ownership of all data you submit to or through the Services ("Client Data"). By using the Services, you grant Pointora a limited license to process Client Data solely for the purpose of providing the Services.

We may use aggregated, anonymized, or de-identified data derived from Client Data for the purposes of improving our Services, developing new features, and conducting research and analytics, provided such data cannot be used to identify any individual or entity.

8. Fees and Payment

Access to certain Services may be subject to fees as outlined in a separate service agreement or order form. You agree to:

• Pay all applicable fees in accordance with the agreed-upon terms
• Provide accurate billing information
• Accept that fees are non-refundable unless otherwise stated in writing

We reserve the right to modify our pricing with 30 days' written notice. Continued use of the Services after a fee change constitutes acceptance of the new pricing.

9. Confidentiality

Each party agrees to maintain the confidentiality of any non-public information received from the other party in connection with these Terms or the Services ("Confidential Information"). Confidential Information shall not be disclosed to any third party except as required by law or with the prior written consent of the disclosing party. This obligation survives the termination of these Terms.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

Pointora does not guarantee that the Services will be uninterrupted, error-free, or completely secure. AI-generated decisions are advisory in nature and should be reviewed by qualified personnel before being used to make final lending decisions.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including fair lending and consumer protection requirements.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POINTORA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO POINTORA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pointora and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Services will immediately cease
• We may delete or archive your account and associated data
• Provisions that by their nature should survive termination shall remain in effect, including intellectual property, limitation of liability, and indemnification

You may terminate your use of the Services at any time by contacting us and closing your account.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the revised Terms on this page with an updated "Last updated" date. Your continued use of the Services after any modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Pointora with respect to the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

18. Contact Information

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