These terms are written to be read, not skimmed. They cover who can use Startly, what you can do with it, how we treat the documents your clients send you, and what happens if something goes wrong. If anything is unclear, email hello@startly.io before you rely on it.
The agreement
These Terms of Service (the "Terms") are a contract between Startly ("Startly", "we", "us") and the person or organization using the Service ("you"). By creating an account, joining the waitlist, or using the Service, you agree to these Terms and to our Privacy Policy.
If you are using Startly on behalf of a brokerage, you confirm that you are authorized to bind that brokerage, and "you" means the brokerage.
The Service
Startly is a document collection tool for mortgage professionals. It lets you send a checklist to a client by SMS or email, lets the client verify their identity and upload documents from a mobile device, sends reminders, and stores the resulting files in a secure portal for your review.
Startly is not a mortgage origination system, a lender, a credit bureau or a legal or compliance advisor. It does not assess, approve or submit applications. You remain responsible for your regulatory obligations, including those under the Mortgage Brokerages, Lenders and Administrators Act, 2006 (Ontario) and the rules of your provincial regulator.
Accounts
- You must be a licensed mortgage professional, or staff working under one, in a Canadian province or territory, and at least 18 years old.
- You are responsible for keeping your login credentials secure and for all activity under your account. Tell us immediately at security@startly.io if you suspect unauthorized access.
- Brokerage administrators can add and remove agents on their plan. The brokerage is responsible for its agents' use of the Service.
- Clients who receive a document request do not create an account. Their use of the portal is governed by the short notice shown in the portal and by our Privacy Policy.
Client documents
Documents uploaded by your clients ("Client Documents") belong to you and your clients, not to us. We process them only to provide the Service and as described in our Privacy Policy.
- You confirm that you have a lawful basis, including the client's consent where required, to collect every document on a checklist you send.
- You must not ask clients to upload anything you are not permitted to collect, including Social Insurance Number cards.
- You are responsible for reviewing Client Documents for completeness and accuracy before relying on them.
- Client Documents are permanently deleted 90 days after you archive a request. Download anything you need to retain before then. Audit log entries without file contents are kept as described in the Privacy Policy.
- You can delete Client Documents at any time. Deletion is permanent and we cannot recover deleted files.
Acceptable use
You agree not to:
- Send document requests or reminders to anyone who is not your client or has not agreed to receive them.
- Use the Service to collect information for any purpose other than a mortgage or lending application you are handling.
- Upload or transmit malware, attempt to access other brokerages' data, probe or overload our systems, or circumvent the verification gate.
- Resell or sublicense the Service, or use it to build a competing product.
- Use the Service in a way that breaks the law, including anti-spam (CASL), privacy and consumer protection laws.
We may suspend accounts that violate these rules and will tell you why unless the law prevents us.
SMS and email
When you send a request or reminder through Startly, the message is sent on your behalf and identifies you or your brokerage as the sender. You are responsible for having the client's consent to contact them, as required by Canada's Anti-Spam Legislation. Clients can reply STOP to any text to opt out, and reminders end automatically when a checklist is complete or a request is archived. Carrier charges may apply to your clients.
Plans and billing
- Plans and prices are listed on our pricing page in Canadian dollars and are billed monthly in advance, plus applicable taxes.
- Early-access members receive the first 3 months free on their chosen plan. After that, regular pricing applies unless you cancel before the free period ends.
- You can upgrade, downgrade or cancel at any time from your account settings. Changes take effect at the start of the next billing cycle unless we say otherwise; cancellation stops future charges but is not refundable for the current month.
- We may change prices with at least 30 days' notice by email. Price changes do not apply until your next renewal after the notice period.
- If a payment fails, we will retry and notify you. If it remains unpaid for 14 days we may suspend the account until it is resolved.
Data and privacy
Our Privacy Policy explains what we collect, where it is stored (Cloudflare's network, encrypted at rest and in transit), how long we keep it and how to get it removed. We never sell personal information. For brokerages that need one, we will enter into a data processing addendum on request.
Availability and support
We work hard to keep Startly available, but we do not guarantee uninterrupted service. We may perform maintenance, and we will try to schedule it outside Canadian business hours and give notice for anything significant. Support is provided by email, with response targets that depend on your plan. Early-access features may change or be withdrawn as we learn from you.
Intellectual property
Startly, including its software, design, checklist templates and content, is owned by us and protected by copyright and other laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your business during your subscription. You keep all rights to your own content and Client Documents. If you send us feedback, we may use it without obligation to you.
Disclaimers and liability
The Service is provided "as is" and "as available". To the extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose. We do not warrant that documents collected through Startly will satisfy any particular lender, insurer or regulator.
To the extent permitted by law, Startly's total liability for any claim arising out of or relating to the Service in any 12-month period is limited to the amount you paid us in that period. We are not liable for indirect, incidental, special or consequential damages, including lost deals, lost profits or regulatory penalties, even if we were advised of the possibility.
Nothing in these Terms limits liability that cannot be limited under applicable law, including under Ontario consumer protection legislation where it applies.
Termination
You can close your account at any time. We can suspend or terminate your access if you materially breach these Terms, fail to pay, or if we are required to by law, and we will give notice where practical. On termination you will have 30 days to export Client Documents and account data, after which they are deleted according to our retention schedule. Sections that by their nature should survive (payment obligations, intellectual property, disclaimers, liability and general terms) survive termination.
General
- Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. Disputes will be resolved in the courts of Ontario, unless applicable law gives you the right to another forum.
- Changes. We may update these Terms. We will post the new version here and, for material changes, email account holders at least 30 days before they take effect. Continued use after that date means you accept the new Terms.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service and replace any earlier discussions.
- Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them to a successor in a merger or acquisition.
Questions about these Terms: hello@startly.io.
See also our Privacy Policy.