Terms of Service

1. Agreement to Terms

Welcome to Viato. These Terms of Service (“Terms”) govern your access to and use of our platform, services, and tools (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our Services.

2. About Viato

Viato is a software-as-a-service (SaaS) platform that provides a customer relationship management system purpose-built for mortgage professionals. We offer tools for contact management, pipeline tracking, task management, email and phone communications, calendar scheduling, marketing campaigns, automation workflows, surveys, and team collaboration.

Viato is a technology platform only and does not originate loans, provide real estate brokerage services, or offer financial advice.

Our Services include but are not limited to: Dashboard, Contacts, Pipelines, Tasks, Inbox (Email & Team Chat), Calendar & Bookings, Campaigns, Automation, Surveys, Phone System, and App Store integrations.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a licensed mortgage professional or authorized team member (where applicable)
• Have the legal authority to enter into this agreement
• Provide accurate and complete registration information
• Not be prohibited from using our Services under applicable laws

By creating an account, you represent and warrant that you meet all eligibility requirements.

4. Account Registration and Security

4.1 Account Creation

You must create an account to use our Services. You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate and current.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling multi-factor authentication

4.3 No Account Sharing — Strictly Prohibited

You may NOT:

• Share your account credentials with any other person or entity
• Allow others to access your account under any circumstances
• Transfer your account to another person
• Create a single account for use by multiple people
• Use another person's account

Violation of this policy will result in immediate account termination without warning and without refund of any fees paid.

Each user must have their own individual account and subscription. We monitor for account sharing and will take immediate action if detected. If you need multiple users in your organization to access our Services, please contact us about team plans.

5. Subscription and Billing

5.1 Subscription Plans

Our Services are offered on a subscription basis with various plans and pricing tiers. Current pricing and plan details are available on our pricing page. We reserve the right to modify our pricing and plans at any time, with notice to existing subscribers.

5.2 Payment

By subscribing to our Services, you agree to:

• Pay all fees associated with your subscription
• Provide valid payment information
• Authorize automatic recurring billing
• Pay any applicable taxes

5.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew at the end of each billing period unless canceled before the renewal date.

5.4 Refund Policy

All subscription fees and payments made for Services are final and non-refundable, except as required by applicable law. Once payment is processed, no refunds will be issued under any circumstances, including but not limited to:

• Cancellation of subscription (you will retain access for the paid period)
• Partial use of subscription time
• Change of mind or business circumstances
• Account termination due to policy violations
• Dissatisfaction with Services
• Unused features or tools

By subscribing and making payment, you acknowledge and agree that all payments are final and that you will not be entitled to any refund for any reason.

5.5 Cancellation and Service Continuation

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation:

• Your subscription will not renew at the end of the current billing period
• You will retain full access to all Services through the end of your paid subscription term
• All features and tools will remain available until the subscription period expires
• No refunds will be provided for the remaining subscription period
• You may continue to use the Services for the entire term you have already paid for

If you wish to request immediate termination of service and closure of your account before the end of your paid subscription term, you may explicitly request this when canceling. However, such immediate termination does not entitle you to any refund for the unused portion of your subscription.

Unless you explicitly request immediate account closure, your cancellation will simply prevent automatic renewal, and you will maintain access to the Services you have already paid for through the end of the billing period.

6. Data Ownership and Usage

6.1 Your Data Belongs to You

All data you upload, create, or store on our platform is and remains your exclusive property. This includes:

• Client and customer information
• Pipeline and deal data
• Files, images, and attachments
• Reports, templates, and generated content
• Communications history and recordings
• Business data and analytics

WE DO NOT, AND WILL NEVER:

• Sell your data to any third party
• Share your data with other users or companies
• Use your data for purposes outside the Services
• Claim ownership of your data
• Mine your data for our own business purposes

6.2 License to Use Your Data

You grant us a limited, non-exclusive license to access, store, process, and display your data solely for the purpose of providing the Services to you. This license terminates when you delete your data or close your account.

6.3 Data Security and Confidentiality

We treat your data as confidential and implement industry-standard security measures to protect it. However, you acknowledge that no system is completely secure, and we cannot guarantee absolute security.

6.4 Data Responsibility

You are solely responsible for the accuracy, quality, and legality of your data, the means by which you acquired it, and your use of it. You warrant that you have all necessary rights and consents to upload and use your data on our platform.

7. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Scrape, crawl, or use automated tools to access the Services
• Reverse engineer or decompile any aspect of the Services
• Share your account or credentials with others
• Use the Services to send spam or unsolicited communications
• Upload data you don't have rights to use
• Impersonate others or misrepresent your affiliation
• Use the Services for any illegal or unauthorized purpose

8. Professional Compliance and Licensing

You acknowledge and agree that:

• You are responsible for maintaining all required professional licenses
• You must comply with all applicable mortgage lending laws and regulations
• You must comply with RESPA, TILA, Fair Housing, ECOA, and other applicable regulations
• You are responsible for obtaining necessary disclosures and consents from your clients
• Our Services are tools only and do not constitute legal or financial advice
• You are solely responsible for how you use our Services in your business

Viato does not provide legal, financial, or professional advice. You should consult with appropriate professionals regarding compliance matters.

9. Intellectual Property

9.1 Our Intellectual Property

The Services, including all software, code, designs, logos, trademarks, and content (excluding your data), are owned by Viato and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services.

9.2 Your Intellectual Property

You retain all rights to your data and content. We do not claim any ownership rights to your data.

9.3 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about our Services, you grant us the right to use them without compensation or attribution.

10. Third-Party Services and Integrations

Our Services integrate with various third-party services (e.g., Gmail, Google Calendar, Twilio). Your use of these integrations is subject to the third-party providers' terms and privacy policies.

We are not responsible for the availability, accuracy, or functionality of third-party services. Third-party service disruptions may affect our Services.

We may modify or discontinue third-party integrations at any time without liability.

11. Disclaimers and Limitations of Liability

11.1 Service Availability

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted, error-free, or completely secure.

11.2 Data Accuracy

We do not guarantee the accuracy, completeness, or reliability of any data provided by our Services. You should independently verify all information.

11.3 Limitation of Liability

To the maximum extent permitted by law, Viato shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to these Terms or the Services.

Our total liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Viato, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your data or content
• Your professional activities and client relationships
• Claims by your clients or third parties

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings. Upon termination, your access will continue until the end of your current billing period, and your data will be deleted within 30 days.

13.2 Termination by Us

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms, including account sharing
• Non-payment of fees
• Fraudulent or illegal activity
• Risk to our systems or other users
• Extended periods of inactivity

Termination for policy violations (including account sharing) results in immediate loss of access without refund of any fees paid.

13.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. You may request an export of your data before termination. After termination, your data will be deleted according to our data retention policies.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@viato.app to attempt to resolve the issue informally. We commit to working with you in good faith to resolve any concerns.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if they qualify.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding related to these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Viato regarding the Services and supersede all prior agreements.

16.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or network outages.

17. Contact Information

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

Email: support@viato.app