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Terms of Service

Effective Date: April 4, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Borrower,” or “Lender,” as applicable) and LoanThink, LLC (“LoanThink,” “Company,” “we,” “us,” or “our”) governing your access to and use of the LoanThink platform, website, mobile applications, and all related services, tools, and content (collectively, the “Platform”).

BY CREATING AN ACCOUNT, CLICKING “I AGREE,” ACCESSING THE PLATFORM, OR SUBMITTING ANY INFORMATION THROUGH THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY.

If you are accessing or using the Platform on behalf of a corporation, limited liability company, partnership, trust, or any other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, that such entity has approved your execution of these Terms, and that all references to “you” shall include both you individually and that entity jointly and severally.

These Terms may be amended by LoanThink at any time. Continued use of the Platform following notice of any amendment constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

2. Nature of Service — Digital Capital Access Platform

LoanThink is a proprietary digital advisory and matchmaking platform that connects commercial real estate principals seeking capital (“Borrowers”) with private capital providers (“Lenders”) through an automated, technology-driven matching system. LoanThink functions exclusively as a neutral technology intermediary and digital marketplace facilitator.

LOANTHINK IS NOT, AND SHALL NOT BE CONSTRUED AS:

  • A lender, mortgage company, bank, credit union, or any depository institution;
  • A mortgage broker, loan broker, or loan originator;
  • A licensed real estate broker, agent, or salesperson;
  • A registered investment advisor, financial planner, or securities broker-dealer;
  • A fiduciary to any User in any capacity;
  • An agent, representative, or employee of any Lender or Borrower;
  • A party to any loan transaction facilitated through the Platform.

LoanThink provides Borrowers with algorithmic match scores and comparative access to Lender-provided lending criteria solely to facilitate informed capital sourcing. LoanThink does not make, arrange, negotiate, or guarantee any loan. All credit decisions, underwriting determinations, loan commitments, and funding decisions are made solely and exclusively by the applicable Lender in its independent discretion. No match score, lender interaction, or Platform communication of any kind constitutes a commitment, offer, or agreement to lend.

LoanThink’s role is limited to: (i) providing technology infrastructure enabling Borrowers to submit standardized loan application data; (ii) algorithmically comparing such data against Lender-provided guidelines; (iii) presenting match results and facilitating introductions; and (iv) collecting a success-based fee upon loan closing as set forth herein. All activities beyond this scope are expressly disclaimed.

3. Commercial Transactions Only

The Platform is designed, operated, and offered exclusively in connection with commercial real estate financing transactions. By using the Platform, you represent and warrant that:

  • The loan or financing sought or offered through the Platform is for a commercial, investment, or business purpose;
  • The subject property is not, and is not intended to be, your primary personal residence;
  • The transaction does not constitute a “consumer credit transaction” as defined under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), or any analogous state consumer protection statute.

Consumer mortgage transactions are expressly prohibited on this Platform. LoanThink reserves the right to terminate any account and void any application that appears to involve consumer residential lending. LoanThink assumes no liability for any User who misrepresents the commercial nature of a transaction.

4. Eligibility

To use the Platform, you must at all times:

  • Be at least 18 years of age and have the full legal capacity to enter into binding contracts;
  • Not be a person barred from receiving services under applicable law;
  • Not be on any government sanctions list, including OFAC Specially Designated Nationals;
  • Provide accurate, current, and complete registration and profile information;
  • If acting on behalf of an entity, be duly authorized to bind that entity;
  • Comply with all applicable laws in your jurisdiction in connection with your use of the Platform.

LoanThink reserves the right, in its sole and absolute discretion, to refuse, suspend, or terminate access to the Platform for any User at any time and for any reason, including without limitation violation of these Terms, suspected fraud, misrepresentation, or conduct harmful to other Users or to LoanThink.

5. Borrower-Specific Terms

5.1 Representations and Warranties of Borrowers

By submitting any application or information through the Platform, you represent, warrant, and covenant to LoanThink and to all Lenders who may receive your information that:

  • All information submitted is true, accurate, complete, and not misleading in any material respect as of the date submitted;
  • You have a legitimate, bona fide interest in obtaining financing for the subject property;
  • You have the authority to submit information regarding the subject property and transaction;
  • You will promptly update any submitted information if it becomes inaccurate, incomplete, or misleading;
  • You understand that Lenders will rely materially on the information you provide in making credit evaluations;
  • The submission of your application does not violate any agreement, law, or regulation to which you are subject.

Providing materially false, misleading, or fraudulent information is a material breach of these Terms, may result in immediate account termination, and may constitute fraud, misrepresentation, or other civil or criminal violations under applicable law. LoanThink expressly reserves the right to report suspected fraud to relevant authorities.

5.2 Platform Fee

LoanThink charges a success-based platform fee of 0.25% of the final closed and funded loan amount(the “Platform Fee”), due and payable solely upon the successful closing of a qualifying loan that originated from an introduction made through the Platform. No Platform Fee is charged, accrued, or owed if a loan does not close and fund.

You authorize LoanThink to collect the Platform Fee at or prior to closing, which may be effected through escrow instructions, direct invoice, or deduction from closing proceeds. LoanThink will provide written notice of the applicable fee amount prior to closing. The Platform Fee is in addition to, and independent of, any fees charged by the Lender, title company, escrow agent, or any other third party.

The Platform Fee obligation survives account termination and applies regardless of whether the closing occurs through the Platform interface, directly between Borrower and Lender, or through any third party, provided the introduction was made through LoanThink.

5.3 Anti-Circumvention

If a Borrower closes a loan with a Lender to whom the Borrower was introduced through the Platform — including any affiliate, subsidiary, related fund, or successor entity of such Lender — the Platform Fee shall be due and payable regardless of: (a) whether the transaction was completed through or outside of the Platform; (b) whether the Borrower’s account was active at the time of closing; or (c) the time elapsed, provided the closing occurs within 24 months of the date of introduction.

Intentional circumvention of the Platform Fee, including but not limited to conducting a transaction with a Lender introduced through LoanThink without notifying LoanThink or remitting the Platform Fee, shall constitute a material breach of these Terms and may result in legal action, including claims for the Platform Fee, consequential damages, attorneys’ fees, and injunctive relief.

5.4 No Guarantee of Financing

LoanThink makes no representation, warranty, or guarantee — express or implied — that any Borrower will receive a term sheet, loan commitment, or funded loan as a result of using the Platform. Match scores are algorithmic estimates based solely on submitted data and published Lender guidelines and do not constitute a pre-approval, conditional approval, or any form of financing commitment. Borrowers acknowledge that Lenders retain sole and absolute discretion to approve or decline any transaction.

5.5 Prohibited Borrower Conduct

Borrowers agree not to:

  • Submit duplicate applications for the same property through multiple accounts;
  • Submit applications for properties in which they have no legitimate ownership or transactional interest;
  • Use Lender contact information obtained through the Platform for any purpose other than the specific transaction for which the introduction was made;
  • Misrepresent the property type, intended use, or commercial nature of the transaction;
  • Interfere with or disrupt the Platform or other Users’ use of the Platform.

6. Lender-Specific Terms

6.1 Representations and Warranties of Lenders

By registering as a Lender and publishing guidelines on the Platform, you represent, warrant, and covenant that:

  • You are a bona fide private lender, debt fund, family office, or institutional capital source with genuine capital available and committed to fund commercial real estate loans;
  • You possess all licenses, permits, registrations, and authorizations required by applicable law to engage in commercial real estate lending in each jurisdiction in which you operate;
  • Your participation on the Platform and your lending activities fully comply with all applicable federal, state, and local laws and regulations;
  • All guidelines, criteria, rates, and parameters published on the Platform are accurate, current, and reflective of your actual underwriting standards and capital availability;
  • You have the authority to bind your organization to these Terms;
  • You are not acting as a broker, intermediary, or pass-through entity presenting third-party capital as your own.

6.2 Prohibition on “Pretender Lenders”

LoanThink strictly prohibits the use of the Platform by any person or entity that publishes lending guidelines without genuine capital capacity or intent to fund — commonly referred to as a “pretender lender.” You agree that you will not: publish guidelines for loan products you are not actively funding; solicit deal flow for the purpose of brokering or re-selling leads; or represent capital capacity that you do not possess.

Violation of this provision is a material breach of these Terms and grounds for immediate and permanent account termination, forfeiture of any outstanding credits, and potential legal action for damages caused to Borrowers and to LoanThink’s reputation and business.

6.3 Accuracy and Currency of Guidelines

You are solely responsible for ensuring that all published guidelines accurately reflect your current lending parameters at all times. You agree to update your guidelines promptly — and in any event within five (5) business days — whenever your lending criteria, capital availability, approved geographies, loan types, or other parameters materially change. LoanThink reserves the right to suspend any Lender account whose published guidelines appear materially inconsistent with demonstrated lending behavior, without notice and without liability.

6.4 Independent Credit Decisions

All credit decisions are made solely by the Lender. LoanThink does not verify, underwrite, or guarantee any Borrower information. Lenders are solely and exclusively responsible for conducting independent due diligence prior to issuing any term sheet or funding any loan, including but not limited to: property valuation and appraisal; title examination and title insurance; environmental assessment; income and cash flow verification; credit investigation; legal entity and ownership verification; and compliance with applicable lending laws.

LoanThink shall have no liability whatsoever for any loss, damage, or claim arising from a Lender’s reliance on Borrower-submitted information or from any funded or unfunded loan transaction.

6.5 Lender Fees

LoanThink does not currently charge Lenders subscription, transaction, or referral fees. LoanThink reserves the right to introduce Lender-side pricing upon no less than thirty (30) days’ prior written notice. Continued use of the Platform following such notice constitutes acceptance of the applicable fee structure.

6.6 Prohibited Lender Conduct

Lenders agree not to:

  • Charge Borrowers any upfront application fee, due diligence fee, commitment fee, or deposit without prior full written disclosure and Borrower’s express written consent;
  • Share or sell Borrower information to any third party without Borrower’s prior written consent, except as required by law;
  • Engage in any discriminatory lending practice in violation of applicable fair lending laws;
  • Solicit Borrowers for products or services unrelated to the loan inquiry without explicit prior consent;
  • Use the Platform to collect deal flow for redistribution, brokerage, or syndication to undisclosed third-party capital sources.

7. User Accounts and Security

You are solely responsible for: (a) maintaining the strict confidentiality of your account login credentials; (b) all activities and transactions conducted under your account, whether authorized by you or not; and (c) any harm caused to LoanThink or third parties resulting from unauthorized account access that results from your failure to adequately protect your credentials.

You agree to notify LoanThink immediately at support@loanthink.com of any actual or suspected unauthorized access to your account or any security breach. LoanThink will not be liable for any loss or damage arising from unauthorized account access. You may not share, sell, transfer, or assign your account or account credentials to any third party under any circumstances.

8. Privacy and Data Use

Your use of the Platform is governed by LoanThink’s Privacy Policy, incorporated herein by reference. By using the Platform, you expressly consent to the collection, processing, storage, and use of your information as described therein.

Borrower application data is shared with matched Lenders solely for the purpose of evaluating and potentially funding the specific transaction submitted. Lender guideline data is shared with Borrowers solely to generate match scores. Neither party acquires any proprietary or ownership right in the other party’s data. LoanThink may use aggregate, de-identified data derived from Platform activity for product improvement, analytics, and marketing purposes.

9. Intellectual Property

The Platform — including all software, source code, algorithms, matching logic, user interfaces, designs, text, graphics, data compilations, trademarks, service marks, trade names, and all other content — is owned by or licensed to LoanThink and is protected by United States and international copyright, patent, trademark, and trade secret laws.

Subject to your compliance with these Terms, LoanThink grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for its intended purpose. This license does not include the right to: copy, reproduce, modify, distribute, sell, or create derivative works of any Platform content; reverse engineer, decompile, or disassemble any Platform software; scrape, crawl, or extract data from the Platform by automated means; or remove or obscure any proprietary notices.

Any feedback, suggestions, or ideas you provide to LoanThink regarding the Platform may be used by LoanThink without restriction, compensation, or attribution to you.

10. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LOANTHINK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LOANTHINK MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) MATCH SCORES WILL BE ACCURATE, COMPLETE, OR WILL RESULT IN LOAN APPROVALS OR FUNDING; (C) ANY LENDER WILL ISSUE A TERM SHEET, COMMITMENT LETTER, OR FUNDED LOAN; (D) THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (E) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

LOANTHINK IS A TECHNOLOGY PLATFORM AND DIGITAL MATCHMAKING SERVICE. IT IS NOT A LENDER, BROKER, FINANCIAL ADVISOR, OR FIDUCIARY. NOTHING ON THE PLATFORM CONSTITUTES FINANCIAL, LEGAL, TAX, INVESTMENT, OR PROFESSIONAL ADVICE OF ANY KIND. USERS ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING ALL TRANSACTIONS AND SEEKING INDEPENDENT PROFESSIONAL COUNSEL AS APPROPRIATE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOANTHINK, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS; (C) DAMAGES ARISING FROM RELIANCE ON ANY MATCH SCORE, PLATFORM COMMUNICATION, OR LENDER INTERACTION; (D) DAMAGES ARISING FROM A LENDER’S FAILURE TO FUND A LOAN; OR (E) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT — EVEN IF LOANTHINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

IN NO EVENT SHALL LOANTHINK’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES ACTUALLY PAID BY YOU TO LOANTHINK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, LoanThink’s liability shall be limited to the greatest extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless LoanThink and its members, managers, officers, employees, contractors, agents, licensors, successors, and assigns (collectively, “Indemnitees”) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, penalties, fines, costs, and expenses — including reasonable attorneys’ fees and court costs — arising out of or relating to:

  • Your access to or use of the Platform;
  • Your breach of any representation, warranty, covenant, or obligation under these Terms;
  • Any information you submit through the Platform that is false, inaccurate, incomplete, or misleading;
  • Your violation of any applicable law, regulation, or third-party right, including intellectual property rights;
  • Any loan transaction, whether funded or unfunded, in which you are a participant;
  • Any dispute between you and any other User of the Platform;
  • Your circumvention or attempted circumvention of the Platform Fee.

LoanThink reserves the right, at your expense, to assume exclusive control of the defense of any matter for which you are required to indemnify LoanThink. You agree to cooperate fully with LoanThink’s defense of any such claim. You shall not settle any claim without LoanThink’s prior written consent.

13. Dispute Resolution and Binding Arbitration

13.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first provide written notice of the dispute to LoanThink at legal@loanthink.com, describing the nature of the claim and the relief sought, and to engage in good-faith negotiations for a period of not less than thirty (30) days from the date of such notice. Compliance with this informal resolution requirement is a condition precedent to initiating arbitration.

13.2 Binding Arbitration

If informal resolution fails, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or any transaction facilitated through the Platform — including questions of arbitrability — shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator shall have exclusive authority to resolve all disputes, including threshold issues of arbitrability. The arbitrator’s award shall be final and binding and may be confirmed and entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND LOANTHINK EACH IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY DISPUTE AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRETY OF THE ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

13.4 Jury Trial Waiver

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND LOANTHINK EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.

13.5 Equitable Relief

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction, without waiving the right to arbitrate, to prevent irreparable harm pending arbitration, including but not limited to claims of intellectual property infringement or misappropriation, breach of confidentiality, or circumvention of the Platform Fee.

14. Governing Law and Venue

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice-of-law or conflict-of-law rules that would cause the laws of any other jurisdiction to apply. To the extent any proceeding is brought in court, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York, and irrevocably waive any objection to such jurisdiction or venue, including any claim that such court is an inconvenient forum.

15. Termination

LoanThink may suspend, restrict, or permanently terminate your access to the Platform at any time, with or without cause, with or without prior notice, and without liability to you. Without limiting the foregoing, LoanThink may terminate your account for: material breach of these Terms; suspected fraud or misrepresentation; conduct harmful to LoanThink or other Users; insolvency or bankruptcy; or regulatory requirements.

You may close your account at any time by contacting support@loanthink.com. Closure of your account does not extinguish any Platform Fee obligation that has accrued or that may accrue under Section 5.2 or 5.3 with respect to introductions made prior to termination.

The following sections survive termination of these Terms for any reason: Sections 2, 3, 5.2, 5.3, 8, 9, 10, 11, 12, 13, 14, and 16.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and LoanThink with respect to the Platform and supersede all prior and contemporaneous agreements, representations, and understandings.

Amendments.LoanThink may amend these Terms at any time by posting the revised Terms with an updated effective date. For material changes, LoanThink will provide no less than fourteen (14) days’ prior written notice by email to registered Users. Continued use of the Platform after the effective date of any amendment constitutes binding acceptance.

Severability. If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by LoanThink to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof.

Assignment.You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without LoanThink’s prior written consent. Any purported assignment without consent is void. LoanThink may assign these Terms, in whole or in part, without restriction.

Force Majeure. LoanThink shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, internet outages, cyberattacks, labor disputes, or other force majeure events.

No Third-Party Beneficiaries. These Terms are for the sole benefit of LoanThink and its Users. Nothing herein shall create or be deemed to create any third-party beneficiary rights.

Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

Language. These Terms are written in English, which shall be the controlling language for all purposes. Any translation is provided for convenience only.

17. Contact Information

For questions, notices, or concerns regarding these Terms, please contact:

LoanThink, LLC

Legal: legal@loanthink.com

Support: support@loanthink.com