Terms of Service

1. Acceptance of Terms

By accessing or using the Above All Elite platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service. These Terms constitute a legally binding agreement between you and Above All CRM, operated by West Capital Lending, NMLS# 1566096, DRE# 02227951, located at 17911 Von Karman Ave Suite 400, Irvine, CA 92614.

2. Service Description

Above All Elite is a multi-tenant SaaS platform providing licensed mortgage loan officers with tools for lead management, automated communication sequences, personalized mortgage quote generation, AI assistants, and CRM integrations. Above All CRM is a software tool and is NOT a lender. We do not originate, fund, or service mortgage loans. All lending activity is conducted by the loan officer and their employing institution.

3. Eligibility & Account Requirements

The Service is available to licensed mortgage loan officers who hold a valid NMLS number and applicable state licenses. By registering, you represent and warrant that you are duly licensed and authorized to conduct mortgage-related business in the jurisdictions where you operate. You are responsible for maintaining the confidentiality of your account credentials.

4. Subscription Tiers & Payment Terms

Subscriptions are billed monthly in advance. Prices are subject to change with 30 days' written notice. Failure to pay may result in suspension or termination of your account. Refunds are not provided for partial billing periods.

5. Acceptable Use

You agree NOT to:

• Use the Service to send unsolicited messages in violation of TCPA, CAN-SPAM, or any applicable law
• Attempt to circumvent TCPA time-of-day restrictions or DNC list enforcement
• Upload, transmit, or store malware, harmful code, or illegal content
• Share your account credentials or allow unauthorized access to your account
• Reverse engineer, decompile, or attempt to extract the source code of the platform
• Use the Service to discriminate against borrowers on the basis of race, color, religion, national origin, sex, familial status, or disability (Fair Housing Act)
• Misrepresent loan terms, rates, or fees in quote pages or communications

6. Data Ownership & Portability

You own your lead data. All lead records, contact information, communication history, and notes you create within the platform belong to you. You may export your data at any time in CSV format. Upon termination of your account, we will provide a 30-day window for data export before your data is permanently deleted from our systems. Above All CRM retains no ownership claim over your lead data, client communications, or business relationships.

7. TCPA Compliance

The platform enforces Telephone Consumer Protection Act (TCPA) compliance at the infrastructure level:

• All outbound SMS and voice messages are restricted to 8:00 AM – 9:00 PM in the lead's local time zone
• Every SMS includes "Reply STOP to opt out" language
• STOP keyword responses trigger immediate DNC list addition and cessation of all automated sequences
• These protections are enforced at the edge function level and cannot be bypassed through the UI

As a multi-tenant platform, each loan officer is independently responsible for their own regulatory compliance. While we provide tools and safeguards, you are ultimately responsible for ensuring your use of the platform complies with TCPA, RESPA, TILA, Fair Housing, and all applicable federal, state, and local laws.

8. Equal Housing Compliance

All users of the platform must comply with the Fair Housing Act and Equal Credit Opportunity Act. All client-facing quote pages generated by the platform display the Equal Housing Opportunity logo and required disclosures. Users may not remove, obscure, or modify these compliance elements. Discriminatory use of the platform, including targeting or exclusion based on protected classes, is strictly prohibited and will result in immediate account termination.

9. Intellectual Property

The Above All Elite platform, including its design, code, AI models, themes, and branding, is the intellectual property of Above All CRM. Your subscription grants you a non-exclusive, non-transferable license to use the platform for its intended purpose. Diamond tier white-label customizations do not transfer ownership of underlying platform IP.

10. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting us. We reserve the right to suspend or terminate your account immediately for violation of these Terms, non-payment, or illegal activity. Upon termination, your access to the platform will cease and your data will be available for export for 30 days.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABOVE ALL CRM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12. Indemnification

You agree to indemnify and hold harmless Above All CRM, West Capital Lending, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or violation of any law or regulation including TCPA and Fair Housing.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Orange County, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or class action.

14. Changes to These Terms

We may update these Terms periodically. We will notify registered users of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.