Please read these Terms of Service carefully before using Clearpath Processor's platform or services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Clearpath Processor, LLC ("Clearpath Processor," "we," "our," or "us") governing your access to and use of the Clearpath Processor website located at clearpathprocessor.com and all associated services, tools, and platforms (collectively, the "Services").
2. Description of Services
Clearpath Processor provides mortgage workflow automation and borrower communication software designed for licensed mortgage professionals, including loan officers, processors, and branch managers. Our platform includes:
- Automated SMS and text message notification delivery
- Loan origination system (LOS) integration and data synchronization
- Borrower communication workflow automation
- Document request and collection automation
- Appointment scheduling and reminder systems
- Pipeline analytics and performance reporting
3. Eligibility and Account Registration
Our Services are intended for use by licensed mortgage professionals and their authorized employees. By using our Services, you represent that:
- You are at least 18 years of age
- You are a licensed mortgage professional or authorized employee of a licensed mortgage company
- All registration information you provide is accurate and complete
- You will maintain the accuracy of such information
- Your use of the Services does not violate any applicable law or regulation
4. SMS Messaging Terms
📱 SMS / Text Messaging Program Terms
These terms apply to all SMS messages sent through the Clearpath Processor platform.
Program Description: Clearpath Processor sends automated text messages on behalf of mortgage lenders and brokers to their borrowers for the purpose of loan status updates, document requests, appointment confirmations, and related transactional communications.
Consent Requirement: SMS messages are only sent to borrowers who have provided express written consent. Our platform records and maintains consent timestamps and source documentation for all enrolled phone numbers.
Message Types: Messages sent through our platform are transactional in nature and relate directly to an active mortgage loan transaction. We do not use this platform for unsolicited marketing or promotional messages.
Message Frequency: Varies based on loan activity. Borrowers may receive up to 10 messages per loan transaction.
Message & Data Rates: Standard message and data rates may apply. These charges are billed by your mobile carrier, not by Clearpath Processor.
Opt-Out Instructions: To stop receiving messages, reply STOP to any message. You will receive one final confirmation, and no further messages will be sent to that number.
Help: Reply HELP for assistance, or contact info@clearpathprocessor.com.
Carrier Liability: Wireless carriers, including AT&T, Verizon, T-Mobile, and others, are not liable for delayed or undelivered messages. Message delivery is subject to carrier availability and network conditions.
10DLC Compliance: All messaging campaigns conducted through our platform are registered with The Campaign Registry (TCR) and comply with CTIA guidelines and carrier requirements for Application-to-Person (A2P) 10-digit long code (10DLC) messaging.
5. User Responsibilities
5.1 Lawful Use
You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Messaging Principles, applicable state and federal mortgage lending regulations, and the Real Estate Settlement Procedures Act (RESPA).
5.2 Borrower Consent
If you use our platform to send SMS messages to borrowers, you are solely responsible for:
- Obtaining and documenting valid express written consent from each borrower prior to sending any SMS messages
- Honoring all opt-out requests within the timeframe required by applicable law
- Maintaining accurate records of consent for the required retention period
- Ensuring all message content complies with applicable law
5.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any loss resulting from unauthorized use of your account.
5.4 Prohibited Uses
You agree not to use our Services to:
- Send unsolicited commercial messages or spam
- Send messages to individuals who have opted out or revoked consent
- Engage in any fraudulent, deceptive, or misleading communications
- Violate any applicable law or regulation
- Attempt to circumvent any security or compliance controls in our platform
- Use the platform for any purpose other than legitimate mortgage lending communications
6. Intellectual Property
All content, features, and functionality of our Services — including but not limited to text, graphics, logos, software, and workflows — are owned by Clearpath Processor, LLC and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
7. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.
8. Third-Party Integrations
Our platform integrates with third-party loan origination systems, SMS carriers, and other service providers. These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the availability, accuracy, or compliance of third-party services.
9. Service Availability and Modifications
We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with reasonable notice to active subscribers where practical. Scheduled maintenance will be communicated in advance when possible.
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARPATH PROCESSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Clearpath Processor, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising out of or relating to your use of our Services, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the United States and the state in which Clearpath Processor, LLC is registered, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
14. Changes to These Terms
We reserve the right to update these Terms at any time. When we make material changes, we will update the "Last Updated" date and notify active subscribers. Your continued use of our Services after changes become effective constitutes your acceptance of the updated Terms.
15. Contact Information
If you have questions about these Terms, please contact us:
- Email: info@clearpathprocessor.com
- Phone: (800) 555-0190
- Company: Clearpath Processor, LLC