Terms of Service

1. Acceptance of these Terms

These Terms of Service (“Terms”) govern access to and use of Engage, a software platform made available at engageai.treadstoneassociates.ca (the “Service”) by Treadstone Associates (“Treadstone,” “we,” “us,” or “our”). By creating an account, connecting a data source, or otherwise using the Service, you (“Broker,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using Engage on behalf of a brokerage, team, or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

2. Description of the Service

Engage is a tool built for licensed mortgage brokers. It connects to client and mortgage data held in third-party systems that you already use — currently Newton Velocity, Finmo, and Scarlett — and analyzes that data to help you identify potential renewal, refinance, and other opportunities within your existing client book.

Based on that analysis, Engage can automatically generate client-facing mortgage summary reports and send outreach emails to your clients on your behalf. Outbound emails are sent either (a) from an Engage/Treadstone email address with your email set as the reply-to address, so replies route to you, or (b) if you enable and verify it, from your own email address. You choose which mode applies to your account, subject to Section 6 below.

Engage does not originate, underwrite, fund, or service mortgage loans, and it is not a mortgage brokerage, lender, or financial institution. It is a data and communications tool used by licensed brokers who remain solely responsible for their client relationships and professional obligations.

3. Eligibility

To use Engage, you must:

• be at least 18 years of age;
• hold an active, valid licence to act as a mortgage broker or mortgage agent in the jurisdiction(s) where you carry on business, or be an employee or authorized representative of a licensed brokerage acting within the scope of that licence; and
• have the legal capacity to enter into a binding agreement.

We may request evidence of licensing status at any time and may suspend or terminate accounts that cannot demonstrate current, valid licensure.

4. Accounts & Security

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 promptly of any unauthorized use or suspected security breach. We are not liable for any loss arising from your failure to safeguard your login credentials.

You must provide accurate and current information when creating and maintaining your account, including a valid email address and licensing details where requested.

5. Connected Data Sources

Engage operates by connecting to third-party systems you authorize, currently Newton Velocity, Finmo, and Scarlett (each a “Connector”). When you connect a Connector, you authorize Engage to retrieve and process client and mortgage-related information held in that system for the purposes described in these Terms and our Privacy Policy.

Your use of each Connector remains subject to that provider’s own terms of service. We are not responsible for the availability, accuracy, or conduct of any Connector, and a Connector’s outage or API changes may temporarily or permanently affect Engage’s functionality. You may disconnect a Connector at any time through your account settings, though doing so may limit or disable parts of the Service.

6. Broker Responsibilities & Representations

As the party who controls the client relationships and client data processed through Engage, you represent, warrant, and agree that:

• Data accuracy. The client and mortgage data you connect or provide to Engage is accurate, current, and lawfully obtained, and you have the right to share it with Engage for the purposes described in these Terms.
• Authority and consent to contact clients.You have all necessary authority, and have obtained all necessary consents from your clients, to permit Engage to contact them by email on your behalf, including under Canada’s anti-spam legislation (“CASL”) and any other applicable privacy or anti-spam law. You are solely responsible for establishing and documenting that consent.
• Compliance with law. Your use of Engage, your relationships with your clients, and your professional conduct as a mortgage broker comply with all applicable laws, regulations, and licensing or regulatory body requirements, including those governing mortgage brokering, privacy, and electronic communications.
• No unlawful use. You will not use Engage to contact any person who has not consented to receive communications from you, or who has withdrawn such consent.

You acknowledge that Treadstone acts on your instructions with respect to your clients’ personal information and does not independently verify the consent or accuracy underlying the data you connect.

7. Marketing Communications Sent on Your Behalf

The reports and outreach emails Engage generates and sends to your clients constitute marketing communications. By using Engage and connecting or providing your clients’ contact information, you authorize Engage to send marketing communications to those email addresses on your behalf, and you represent and warrant that you have the necessary authority and consent — including consent that satisfies CASL — to have such communications sent to your clients.

To support compliance, every message sent through Engage on your behalf will:

• clearly identify the sender (you and/or Engage, as applicable) and provide a way to identify who authorized the message;
• include a functioning unsubscribe or opt-out mechanism that we will process within the timeframe required by law; and
• include your reply-to address (or send from your verified address, if enabled), so recipients can reach you directly.

Notwithstanding the above, responsibility for obtaining and maintaining valid consent from your clients rests with you. Engage provides the sending infrastructure and unsubscribe handling; it does not independently obtain consent on your behalf.

8. Acceptable Use

You agree not to:

• use Engage to send communications to individuals who have not consented, or to send content that is false, misleading, or in violation of applicable law;
• upload or connect data you are not authorized to share;
• attempt to reverse-engineer, scrape, or interfere with the Service or its underlying infrastructure;
• use the Service to harass, defraud, or deceive any person; or
• circumvent unsubscribe requests or attempt to re-contact individuals who have opted out.

We may suspend or terminate access for any account reasonably suspected of violating this Section.

9. Fees

Engage is currently offered free of charge during a founding period. We may introduce paid plans or pricing changes in the future. If we do, we will provide reasonable advance notice before any fees apply to your account, and continued use of the Service after that notice period constitutes acceptance of the applicable fees.

10. Intellectual Property

Engage, including its software, design, analytics methodology, templates, and branding, is owned by Treadstone Associates or its licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose. You retain ownership of the client and business data you connect to Engage; we do not claim ownership over your underlying client data.

11. Disclaimers

Any renewal opportunities, savings estimates, commission projections, or similar figures presented by Engage are illustrative and based on available data and general assumptions. They are estimates only, are not guaranteed, and may not reflect actual outcomes for any individual client.

Engage is a data and communications tool. Nothing in the Service constitutes financial, mortgage, investment, or legal advice, and it is not a substitute for your own professional judgment or your clients’ independent advice.

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, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREADSTONE ASSOCIATES AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

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

13. Indemnification

You agree to indemnify, defend, and hold harmless Treadstone Associates and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your failure to obtain or maintain valid consent from your clients, including under CASL; (c) the accuracy or lawfulness of data you connect or provide to Engage; or (d) your violation of any applicable law or third-party right.

14. Term & Termination

These Terms remain in effect while you use the Service. You may stop using Engage and disconnect your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, pose a risk to the Service or other users, or if required by law. Upon termination, your right to use the Service ends immediately, though provisions that by their nature should survive (including Sections 11 through 13) will continue to apply.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable 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.

16. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for any dispute arising out of or relating to these Terms or the Service.

17. Contact

Questions about these Terms can be directed to Treadstone Associates at info@treadstoneassociates.ca (confirm exact contact address before publishing).

Engage — a product of Treadstone Associates · engageai.treadstoneassociates.ca