Terms of Service

Welcome to Benji. These Terms of Service ("Terms") govern your use of the Benji mortgage CRM platform and related services ("Service") operated by Benji ("we", "us", or "our"). By creating an account or using the Service, you agree to these Terms.

1. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 18 years old and legally authorized to enter into this agreement.
• One person or entity per account — account sharing is not permitted.
• You are responsible for all activity that occurs under your account.

2. Use of the Service

Permitted Use

Benji is designed for mortgage loan officers and related professionals to manage their client relationships, loan pipeline, and business operations. You may use the Service for lawful business purposes consistent with this intended use.

Prohibited Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations
• Send unsolicited or spam messages through Benji's SMS features
• Attempt to gain unauthorized access to other users' accounts or data
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to store or transmit malicious code
• Exceed published API rate limits or abuse webhook endpoints
• Resell, sublicense, or redistribute the Service without written authorization

3. Your Data

Ownership

You retain all rights to the data you enter into Benji, including client information, loan details, documents, and notes. We do not claim ownership of your content.

License

By using the Service, you grant us a limited license to store, process, and display your data solely for the purpose of providing the Service to you. This includes processing data through AI features (such as SMS generation and market analysis) that you choose to use.

Data Portability

You may export your data at any time. Upon account closure, we will provide a reasonable period to export your data before it is deleted.

4. Integrations and Third-Party Services

Benji integrates with third-party services including Arive LOS (via Zapier), and supports incoming and outgoing webhooks. When you configure integrations:

• You are responsible for the security of your API keys and webhook endpoints
• Data sent to or received from third-party services is subject to their terms and privacy policies
• We are not responsible for the availability or accuracy of third-party services
• API rate limits apply: 30 requests per minute for incoming webhooks

5. AI Features

Benji includes AI-powered features such as SMS text generation, lead nurturing automation, rate analysis, and market summaries. Regarding these features:

• AI-generated content is provided as a tool to assist you, not as professional advice
• You are responsible for reviewing and approving AI-generated messages before they are sent
• AI rate analysis and market data are for informational purposes only and do not constitute financial advice
• We continuously improve our AI models and outputs may vary over time

6. SMS and Communication Features

When using Benji's SMS and communication features, you agree to:

• Comply with all applicable laws including the Telephone Consumer Protection Act (TCPA)
• Obtain proper consent from recipients before sending messages
• Honor opt-out requests promptly
• Not send messages that are deceptive, misleading, or harassing
• Maintain accurate records of consent as required by law

7. Subscription and Payment

Plans

Benji offers free and paid subscription plans. Feature availability varies by plan. Details of each plan are available on our pricing page.

Billing

• Paid plans are billed monthly or annually as selected at the time of subscription
• Prices are subject to change with 30 days' notice
• All fees are non-refundable except as required by law

Cancellation

You may cancel your subscription at any time. Access to paid features continues until the end of your current billing period. No partial refunds are provided for unused time.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible. We are not liable for any downtime or service interruptions.

9. Limitation of Liability

To the maximum extent permitted by law, Benji shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profits, data, or business opportunities, arising out of or related to your use of the Service.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will meet your specific requirements, be error-free, or be available at all times.

11. Indemnification

You agree to indemnify and hold Benji harmless from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable laws.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

13. Termination

We may suspend or terminate your account if you violate these Terms or engage in conduct that we reasonably determine is harmful to Benji, other users, or third parties. Upon termination, your right to access the Service ceases immediately. Provisions that by their nature should survive termination will survive.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts located in Los Angeles County, California.

15. Contact

For questions about these Terms, contact us at:

hello@benji.biz