Terms of Service, Privacy Policy & SMS Terms

1. Introduction

HRDMNY Technologies, LLC, a California limited liability company ("HRDMNY," "we," "us"), provides Harmony, a software platform for private-money and hard-money loan originators, available at hrdmny.com and app.hrdmny.com (the "Service").

HRDMNY is a software company. HRDMNY is not a lender, mortgage broker, loan originator, or loan servicer. HRDMNY does not make, arrange, negotiate, or service loans, does not hold or transmit loan funds, and is not a party to any loan transaction conducted by its customers. Customers of the Service are independent businesses solely responsible for their own licensing, disclosures, and regulatory compliance, as set out in Section 14.

These Terms of Service, together with the Privacy Policy (Section 6), the SMS Terms (Section 15), and the Cookie Policy (Section 16), form one binding agreement (the "Agreement") between you and HRDMNY governing your use of the Service.

2. Acceptance of Terms

By accessing or using the Service, you represent that:

• You are at least 18 years old and have the legal capacity to enter into this Agreement;
• If you are using the Service on behalf of an organization, you have authority to bind that organization to this Agreement; and
• Your use of the Service will comply with all applicable laws and regulations.

3. Service Description

The Service provides software tools for loan origination operations, including:

• Deal pipeline management with stage requirements and audit trails;
• Contact and relationship management for borrowers, lenders, brokers, and vendors;
• Document generation from customer-configured templates, and built-in electronic signature routing;
• Document intake with automated data extraction;
• A borrower portal for uploads, signatures, and status;
• Email automation, follow-up scheduling, and relationship nurture;
• AI-assisted features described in Section 8, including the Harmony operator agent and optional real-time voice;
• Reporting and analytics over your own data.

Plans include a daily allowance of AI usage as described on the pricing page. When an allowance is exhausted, AI features pause until the next day or until usage is added; non-AI features, including your data, documents, pipeline, e-signatures, and portal, are never paused for allowance reasons.

4. Accounts & Security

4.1 Accurate information

You agree to provide accurate, current, and complete registration information and to keep it updated.

4.2 Credentials

You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized use. We recommend enabling multi-factor authentication where offered.

4.3 Organization administrators

Organization administrators control seats, roles, and member access within their organization and are responsible for the actions of users they admit.

5. Data Ownership

5.1 You own your data

All deals, documents, contacts, communications, templates, and other content you or your users submit to the Service ("Your Data") remain 100% your property. Nothing in this Agreement transfers ownership of Your Data to HRDMNY.

5.2 Export rights

You may request a complete export of your organization's data at any time, and we will deliver it in machine-readable formats (such as CSV or JSON, with documents in their stored formats) within 30 days of the request. This right survives cancellation for the 30-day window described in Section 13.

5.3 Limited license to us

You grant HRDMNY a limited, non-exclusive license to host, process, transmit, and display Your Data solely to provide and support the Service. This license terminates when Your Data is deleted from the Service, subject to the retention periods in Section 6.5.

6. Privacy & Data Protection

This section is the HRDMNY Privacy Policy. It is also published standalone at hrdmny.com/privacy.

6.1 Information we collect

• Account information: name, email, organization details, and settings.
• Usage data: logins, feature use, and page views within the Service.
• Technical data: IP address, browser, device, and session information.
• Your Data: the business content you submit, which may include personal information about your borrowers, lenders, and contacts. For that information you are the data controller and HRDMNY processes it on your behalf and on your instructions.
• Payment information: billing details and transaction records. Card numbers are collected and held by our payment processor, Stripe; HRDMNY never stores full card numbers.

6.2 How we use information

• To provide, operate, and support the Service;
• To process transactions and manage subscriptions;
• To secure the Service and prevent abuse;
• To communicate with you about the Service, including support and required notices;
• To improve the Service, using aggregated or de-identified information;
• To comply with legal obligations.

6.3 Security

Your Data is encrypted in transit using TLS and at rest using AES-256. Every organization is isolated at the database level with row-level security. Access is role-based, automated actions are written to an audit trail, and backups run automatically with point-in-time recovery. The Service runs on infrastructure providers that maintain SOC 2 attestations. Our current practices are described at hrdmny.com/security.

6.4 Sharing

We do not sell Your Data. We disclose information only: (a) at your direction or with your consent, including actions you or Harmony take that send communications to your counterparties; (b) to the service providers in Section 6.7, bound to use it only to provide their service to us; (c) when required by law or valid legal process; (d) in connection with a merger, acquisition, or sale of assets, with notice to you; or (e) to protect the rights, safety, or property of HRDMNY, our customers, or the public.

6.5 Retention

When your account is deleted, we delete or anonymize Your Data within 90 days, except as required for legal compliance. Encrypted backups may persist for up to 90 additional days before cycling out.

6.6 Your rights

Depending on your jurisdiction (including under the CCPA and GDPR), you may have the right to access, correct, delete, export, or restrict the processing of your personal information, and to opt out of marketing communications. Contact privacy@hrdmny.com to exercise these rights; we respond within the timelines applicable law requires. We do not discriminate against anyone for exercising privacy rights.

6.7 Subprocessors

The Service is built on the following providers:

We will update this list when providers change; material changes are announced under Section 18.2.

7. Acceptable Use

You agree not to:

• Upload malware or malicious code;
• Attempt unauthorized access to the Service or another organization's data;
• Scrape, crawl, or harvest data from the Service;
• Reverse engineer, decompile, or disassemble the Service;
• Share credentials or resell access without authorization;
• Use the Service to send spam or communications that violate the TCPA, CAN-SPAM, or similar laws;
• Use the Service to engage in fraudulent, deceptive, or unlawful lending practices;
• Interfere with or disrupt the integrity or performance of the Service;
• Misrepresent your identity or affiliation;
• Use the Service in violation of any applicable law.

8. AI Features

8.1 What powers them

Harmony's AI features, including the operator agent, document extraction, drafting, and optional real-time voice, are powered by models from OpenAI, accessed through OpenAI's API services. Voice calls are additionally carried by Twilio.

8.2 Your data and AI

Relevant portions of Your Data are transmitted to these providers to perform the requested processing. Under the API terms we operate on, that data is not used to train the providers' foundation models. AI actions taken inside your organization are recorded in your audit trail.

8.3 Disclaimers

• AI output can be wrong, incomplete, or outdated;
• AI output is not legal, financial, tax, or professional advice;
• You are responsible for reviewing AI-generated documents and communications before relying on them or delivering them to third parties, particularly documents with regulatory significance;
• You are responsible for communications sent from your accounts, including those Harmony sends at your direction or under automations you enable;
• AI features may be modified, rate-limited, or paused per your plan's usage allowance.

9. Payment Terms

• Subscriptions are billed through Stripe, monthly in advance, at the plan prices published at hrdmny.com. Additional seats and usage add-ons are billed as described on the pricing page.
• Every plan starts with a 3-day free trial. No payment card is required for the trial, and the trial does not convert automatically: if you do not subscribe, it simply ends.
• We provide at least 30 days' notice before any price increase takes effect on your subscription.
• Fees are non-refundable except where required by law; canceling stops future billing but does not refund the current period.
• Failure to pay may result in suspension after notice, then termination under Section 13.

10. Intellectual Property

The Service, including its software, design, and branding, is owned by HRDMNY Technologies, LLC and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service during your subscription, subject to this Agreement. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation.

11. Disclaimers & Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. The Service does not provide legal, financial, tax, or lending-compliance advice.

To the maximum extent permitted by law, HRDMNY's total liability arising out of or relating to this Agreement will not exceed the greater of the fees you paid in the 12 months preceding the claim or $100. HRDMNY is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

The Service depends on third-party providers (Section 6.7); we are not responsible for their outages or acts, though we will work in good faith to restore service and to hold our providers to their commitments.

12. Indemnification

You will indemnify and hold harmless HRDMNY from claims arising out of: (a) Your Data; (b) your use of the Service in violation of this Agreement; (c) your violation of applicable law, including lending, licensing, privacy, and communications law; (d) your loan transactions and dealings with borrowers, lenders, and other third parties; and (e) communications sent from your accounts.

13. Termination

• You may cancel at any time from your billing page; cancellation is effective at the end of the paid period.
• We may suspend or terminate accounts for material breach of this Agreement, unlawful use, non-payment after notice, security risk, or where required by law.
• If we discontinue the Service, we will provide at least 90 days' notice.
• For 30 days after termination you may request the export described in Section 5.2; after that window, deletion proceeds under Section 6.5.
• Sections 5, 6, 10, 11, 12, 17, and 18 survive termination.

14. Compliance & Regulatory

14.1 Your obligations

You are solely responsible for conducting your lending business lawfully, including, as applicable to you: federal and state licensing (including DRE, DFPI, and NMLS requirements in California); TILA, RESPA, and other consumer-lending law where your loans are consumer-purpose; fair lending laws; AML and KYC obligations; usury limits; required disclosures to borrowers and investors; the TCPA and CAN-SPAM for communications you send; and the CCPA, GDPR, and other privacy law with respect to personal information you collect from your own contacts.

14.2 Records

The Service maintains audit trails and document storage, but you are responsible for meeting your own record-retention obligations, including exporting records you are required to keep beyond your subscription.

14.3 HRDMNY's role

HRDMNY is not licensed as, and does not act as, a lender, broker, or servicer in any jurisdiction, and nothing in the Service constitutes an offer to make or arrange a loan. Documents generated by the Service are prepared from your templates and your data at your direction, and your own required license numbers and disclosures must appear on them where law requires.

15. SMS Terms

These terms govern the "HRDMNY Loan Updates" text message program.

• Program: transactional updates about loan files, tasks, and account activity, sent only to numbers that have opted in.
• Frequency: message frequency varies, typically 0–10 messages per week. Message and data rates may apply.
• Opt out: reply STOP at any time; you will receive one final message confirming the opt-out.
• Help: reply HELP, email support@hrdmny.com, call (323) 304-4978, or visit hrdmny.com/support.
• Consent: consent to receive messages is not a condition of any purchase. Opt-in data and consent records are never sold, rented, or shared with third parties for their marketing.
• Carriers: supported carriers include major U.S. carriers; carriers are not liable for delayed or undelivered messages.
• Changes: we will notify subscribers of material changes to the program.

16. Cookie Policy

The Service uses essential cookies for authentication, session integrity, and security. These are required for the Service to function. We do not use third-party advertising cookies. If we adopt analytics cookies, this policy and Section 6 will be updated first. You can manage or clear cookies in your browser settings; blocking essential cookies will prevent sign-in.

17. Dispute Resolution

• Talk first: before filing any claim, both parties agree to attempt informal resolution for 60 days after written notice to legal@hrdmny.com.
• Arbitration: unresolved disputes will be settled by binding arbitration administered by the American Arbitration Association in Los Angeles County, California, under its Commercial Arbitration Rules.
• Class action waiver: disputes will be resolved individually; both parties waive the right to participate in class actions to the extent permitted by law.
• Carve-out: either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.

18. General

• 18.1 Entire agreement: this Agreement is the entire agreement between you and HRDMNY regarding the Service.
• 18.2 Amendments: we will provide at least 30 days' notice of material changes; continued use after the effective date constitutes acceptance.
• 18.3 Governing law: California law governs, without regard to conflict-of-law rules.
• 18.4 Severability: if a provision is unenforceable, the remainder stands.
• 18.5 Waiver: failure to enforce a provision is not a waiver.
• 18.6 Assignment: you may not assign this Agreement without our consent; we may assign it in connection with a merger or sale.
• 18.7 Force majeure: neither party is liable for delays caused by events beyond reasonable control.
• 18.8 Export: you will comply with U.S. export laws in your use of the Service.

19. Contact

• Legal: legal@hrdmny.com
• Privacy: privacy@hrdmny.com
• Support: support@hrdmny.com
• Phone: (323) 304-4978
• HRDMNY Technologies, LLC, Los Angeles, California