Terms of Service

1. Acceptance of Terms

By accessing or using the ServeYourNote platform (“Service”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

You must be at least 18 years of age to use the Service. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization (such as an LLC, corporation, trust, or partnership), you represent and warrant that you have the authority to bind that organization to these Terms. In that case, “you” and “your” refer to both you individually and the organization.

These Terms constitute a legally binding agreement between you and ServeYourNote, LLC, an Indiana limited liability company (“ServeYourNote,” “we,” “us,” or “our”).

2. Description of Service

2.1 What ServeYourNote Is

ServeYourNote is a software-as-a-service (SaaS) technology platform that provides tools for managing seller-financed real estate notes. The Service includes tools for:

• Loan tracking and amortization schedule calculations
• Payment recording with waterfall allocation calculations
• Escrow tracking with RESPA analysis calculations
• Document generation (monthly statements, annual escrow analyses, 1098 tax form drafts)
• Delinquency tracking and notice templates
• Borrower portal for loan visibility
• Portfolio reporting and analytics

2.2 What ServeYourNote Is Not

ServeYourNote is a technology platform. We are not a loan servicer, lender, mortgage broker, escrow agent, trustee, fiduciary, debt collector, financial institution, or financial advisor.

Specifically, ServeYourNote does not:

• Originate, fund, or make loans or extensions of credit
• Service mortgage loans or any other financial obligations
• Collect debts or payments on behalf of any party
• Hold, receive, control, or transmit money or funds (all payment processing is performed by Stripe, Inc., a licensed third-party payment processor)
• Act as an escrow agent or trustee for any funds
• Make credit decisions, modify loan terms, declare defaults, initiate enforcement proceedings, or assess penalties
• Provide legal, tax, financial, investment, or regulatory advice
• Guarantee the accuracy of any calculation, document, or output generated by the platform
• Determine or verify your regulatory compliance obligations

You are the servicer, creditor, and responsible party for your notes. ServeYourNote provides you with software tools. Your use of these tools does not create any agency, partnership, joint venture, employment, or fiduciary relationship between you and ServeYourNote.

2.3 Calculations and Outputs

All calculations, schedules, documents, and other outputs generated by the Service (“Platform Outputs”) are tools provided for your reference and convenience. Platform Outputs are generated based on data you provide and the configuration you select.

You are responsible for verifying the accuracy of all Platform Outputs before relying on them for any legal, financial, tax, or regulatory purpose. Platform Outputs do not constitute legal, tax, financial, or regulatory advice. You should consult qualified professionals (attorneys, CPAs, financial advisors) for advice specific to your situation.

Without limiting the foregoing:

• Amortization schedules are mathematical calculations based on loan terms you enter. They do not constitute lending disclosures under federal or state law unless you independently verify them and present them as such.
• 1098 tax form drafts are generated based on data you provide. You are responsible for verifying accuracy and consulting your CPA before filing with the IRS.
• Escrow analyses are calculation tools to assist your compliance efforts. You are responsible for ensuring your escrow practices comply with RESPA and applicable state law.
• Payment waterfall allocations are calculated per note terms you configure. You control the allocation rules and are responsible for their correctness.
• Default and delinquency notices are templates for your use. You are responsible for all communications with your borrowers and for ensuring they comply with applicable law.

3. Account Registration and Security

3.1 Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately at support@serveyournote.com if you suspect unauthorized access to your account

We are not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your credentials.

3.3 Account Types

The Service supports two user roles:

• Note Holder: Users who manage seller-financed notes (the primary account type)
• Borrower: Users who have visibility into loan status through a borrower portal

A single account may serve in both roles (context-switching). Each account belongs to one or more organizations, and data is scoped to the organization level.

3.4 Suspension and Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Provide false or misleading registration information
• Use the Service for any unlawful purpose
• Fail to pay applicable subscription fees after notice and a reasonable cure period

We will make reasonable efforts to notify you before suspension or termination, except where immediate action is necessary to protect the Service, other users, or comply with law.

4. Subscription and Payment Terms

4.1 Service Tiers

The Service is offered in the following tiers:

• Free Tier: Up to 3 notes and $500,000 total unpaid principal balance (UPB). Includes core features: loan tracking, amortization, manual payment recording, basic statements, and borrower portal access.
• Paid Tier: $25 per note per month. Unlimited notes, no UPB cap, and additional features including automated payment processing (Stripe), escrow management tools, advanced document generation (1098s, escrow analyses), late fee calculation, default management, portfolio analytics, and priority support. See our Pricing page for current pricing and feature details.

We reserve the right to modify the features, limitations, and pricing of any tier. See Section 4.4 for price change notification.

4.2 Billing

Paid subscriptions are billed on a recurring basis (monthly or annually, as selected at the time of purchase) through Stripe, Inc. (“Payment Processor”). By subscribing, you authorize us to charge your payment method on file for the applicable fees.

You are responsible for keeping your payment information current. If a payment fails, we will attempt to notify you and provide a reasonable grace period (not less than 7 days) before downgrading your account to the Free Tier.

4.3 Payment Processing Fees

If you use the Service's payment processing feature (which enables your borrowers to make payments through the platform via Stripe), a transaction fee of 0.8% of the payment amount, capped at $5.00 per transaction, applies. This fee is paid by the borrower unless you configure your account to absorb it. These fees are separate from your subscription and are processed by Stripe.

4.4 Price Changes

We may change subscription prices with at least 30 days' advance notice. Notice will be provided by email to the address associated with your account. Price changes take effect at the start of your next billing cycle following the notice period. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

4.5 Refunds

Subscription fees are non-refundable. If you cancel a paid subscription, you will retain access to paid features through the end of your current billing period, after which your account will revert to the Free Tier. For full details on cancellation, downgrades, and refunds, see our Refund & Cancellation Policy.

4.6 Taxes

You are responsible for any applicable sales, use, VAT, or other taxes associated with your use of the Service, excluding taxes based on ServeYourNote's net income.

5. User Responsibilities

5.1 Lawful Use

You agree to use the Service only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations, including but not limited to:

• State mortgage lending and servicing laws applicable to your notes
• Federal laws including the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and the Dodd-Frank Act, to the extent they apply to your activities
• State and federal consumer protection laws
• Tax reporting requirements (IRS Form 1098, etc.)
• Fair debt collection practices (federal FDCPA and applicable state laws)
• Data privacy and security laws applicable to the personal information you collect from your borrowers

You are solely responsible for determining which laws and regulations apply to your activities and for ensuring your compliance. ServeYourNote does not determine, monitor, or verify your regulatory compliance.

5.2 Data Accuracy

You are responsible for the accuracy and completeness of all data you enter into the Service, including loan terms, payment records, borrower information, escrow details, and tax information. The Service's calculations and outputs depend on the data you provide. Inaccurate input will produce inaccurate output.

5.3 Borrower Communications

All communications sent to borrowers through or generated by the Service (including statements, notices, and emails) are sent on your behalf and in your name. You are the sender and the responsible party for all such communications. You agree to:

• Ensure that all borrower-facing communications accurately identify you (the note holder) as the sender
• Not represent that ServeYourNote is the servicer, creditor, or collector
• Review all generated documents and notices before sending them to borrowers
• Comply with all applicable laws governing communications with borrowers, including fair debt collection practices

5.4 Prohibited Uses

You may not use the Service to:

• Engage in unlawful lending, servicing, or collection activities
• Process payments for any purpose other than legitimate loan servicing
• Misrepresent the identity of the sender of any borrower communication
• Interfere with or disrupt the Service or other users' access
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use automated means (bots, scrapers) to access the Service except through our published API
• Resell, sublicense, or provide the Service to third parties without our written consent
• Upload malicious code, viruses, or harmful content

6. Data and Privacy

6.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Your Data

You retain ownership of all data you upload, enter, or generate through the Service (“Your Data”). Your Data includes loan information, borrower information, payment records, documents, and any other content you provide.

6.3 License to Process

By using the Service, you grant ServeYourNote a limited, non-exclusive, worldwide license to use, process, store, and display Your Data solely for the purpose of providing and improving the Service. This license terminates when Your Data is deleted from the Service in accordance with these Terms and our Privacy Policy.

6.4 Data Portability

You may export Your Data at any time through the Service's export features. We support data export in standard formats (CSV, PDF) for loan data, payment history, and generated documents.

6.5 Data Deletion

Upon termination of your account (whether by you or by us), we will retain Your Data for a period of 30 days to allow you to export it. After this period, we will delete Your Data from our active systems, except as required by law (for example, tax records that must be retained per IRS requirements).

6.6 Sensitive Financial Data

You acknowledge that the Service processes sensitive financial and personal information, including borrower personally identifiable information (PII). You are responsible for:

• Obtaining any consents required from borrowers before entering their information into the Service
• Complying with applicable data privacy laws regarding borrower information you collect and store through the Service
• Understanding that while we implement industry-standard security measures (see our Privacy Policy), no system is completely secure

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, code, algorithms, designs, documentation, branding, and content created by ServeYourNote, is owned by ServeYourNote, LLC and is protected by copyright, trademark, and other intellectual property laws. “ServeYourNote” is a trademark of ServeYourNote, LLC.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

7.3 Your Content

You retain all rights to Your Data (as defined in Section 6.2). Nothing in these Terms transfers ownership of Your Data to ServeYourNote.

7.4 Feedback

If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant ServeYourNote a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without obligation to you.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

The Service is provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, ServeYourNote does not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Any calculations, documents, or outputs will be accurate, complete, or suitable for any particular legal, tax, or financial purpose
• The Service will meet your specific requirements or expectations
• Errors or defects in the Service will be corrected within any particular timeframe

8.2 Financial Calculation Disclaimer

ServeYourNote provides calculation tools, not financial services.

All amortization schedules, payment allocations, escrow analyses, tax form drafts, and other financial calculations generated by the Service are mathematical tools based on data and configurations you provide. They are not guarantees of accuracy, and they do not constitute professional financial, legal, tax, or regulatory advice.

You are solely responsible for verifying all calculations and outputs before relying on them for any purpose, including but not limited to tax filings, legal proceedings, borrower communications, and regulatory compliance.

8.3 Regulatory Compliance Disclaimer

ServeYourNote does not determine, monitor, or guarantee your compliance with any law or regulation. The inclusion of compliance-related features (such as RESPA analysis tools, disclosure templates, or delinquency tracking) does not constitute legal advice or a representation that your use of such features will satisfy your legal obligations. You are solely responsible for your own regulatory compliance and should consult qualified legal counsel.

8.4 Third-Party Services

The Service integrates with third-party services, including Stripe for payment processing. ServeYourNote is not responsible for the availability, accuracy, or performance of any third-party service. Your use of third-party services is subject to those services' own terms and conditions.

8.5 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall ServeYourNote, its officers, members, employees, agents, or affiliates be liable for:

(a) Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising from or related to your use of or inability to use the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if ServeYourNote has been advised of the possibility of such damages;

(b) Any damages arising from:

• Inaccuracy in any calculation, document, or output generated by the Service
• Your failure to comply with applicable laws or regulations
• Unauthorized access to your account resulting from your failure to safeguard credentials
• Actions taken by third-party service providers (including Stripe)
• Loss or corruption of your data despite our reasonable security measures

(c) Any amount in excess of the greater of (i) the total fees paid by you to ServeYourNote during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred dollars ($100.00).

8.6 Essential Basis of Agreement

The disclaimers and limitations in this Section 8 reflect a reasonable allocation of risk between the parties and are an essential basis of the bargain between you and ServeYourNote. ServeYourNote would not be able to provide the Service to you on an economically reasonable basis without these limitations.

9. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation, including lending, servicing, collection, tax, and privacy laws
• Your interactions with your borrowers, including any claims arising from communications, calculations, or documents generated using the Service
• Any claim by a third party (including borrowers) related to your servicing activities
• Your failure to obtain required consents from borrowers for the collection and processing of their personal information through the Service

This indemnification obligation survives termination of these Terms.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at support@serveyournote.com or through your account settings. Termination takes effect at the end of your current billing period.

10.2 Termination by Us

We may terminate or suspend your account:

• Immediately, for material breach of these Terms (including non-payment after notice and cure period)
• With 30 days' notice, for any reason or no reason

10.3 Effect of Termination

Upon termination:

• Your right to use the Service for active note servicing ceases at the end of your current billing period (or immediately, in the case of termination for cause)
• You will have 30 days from the effective date of termination to access your account in a read-only capacity and export Your Data using the Service's export features, including bulk data export (loan records, payment history, escrow data, ledger entries, and all generated and uploaded documents in a downloadable archive)
• After the 30-day export period, we will delete Your Data from our active systems, except as required by law
• Any accrued payment obligations survive termination
• Sections 2.2 (What ServeYourNote Is Not), 7 (Intellectual Property), 8 (Disclaimers and Limitation of Liability), 9 (Indemnification), 10.3 (Effect of Termination), and 12 (Governing Law) survive termination

10.4 Service Discontinuation

In the event ServeYourNote discontinues the Service entirely, we will provide at least 90 days' advance notice and ensure you have the opportunity to export Your Data before the Service is shut down.

11. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a revised “Last Updated” date
• Sending an email to the address associated with your account at least 30 days before the changes take effect

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict-of-law principles.

12.2 Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Lake County, Indiana (or by videoconference, at either party's election).

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any relief that would be available in a court of law.

Each party shall bear its own costs of arbitration, except that ServeYourNote shall pay the arbitration filing fees if you are an individual (non-corporate) user and the fees exceed what you would pay to file a lawsuit in court.

12.3 Class Action Waiver

You and ServeYourNote agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding Section 12.2, either party may:

• Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights
• Bring a claim in small claims court if the claim falls within that court's jurisdiction

12.5 Jury Trial Waiver

To the extent permitted by law, you and ServeYourNote waive any right to a jury trial in any proceeding arising out of or related to these Terms.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ServeYourNote regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

13.5 Force Majeure

ServeYourNote shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, power failures, internet disruptions, or government actions.

13.6 Notices

Notices to you will be sent to the email address associated with your account. Notices to ServeYourNote must be sent to:

ServeYourNote, LLC
Attn: Legal
13320 Morse St
Cedar Lake, IN 46303
Email: support@serveyournote.com

13.7 Headings

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

14. Contact

For questions about these Terms, contact us at:

ServeYourNote, LLC
Email: support@serveyournote.com
Address: 13320 Morse St, Cedar Lake, IN 46303