Conditionly Terms of Service
Last updated: October 15, 2026
These Terms of Service ("Terms") are a binding agreement between you and Marketing Supply Co, LLC, a Utah limited liability company doing business as Conditionly ("Conditionly," "we," "us," or "our"). They cover your use of our website at https://www.conditionly.io, our web application at https://app.conditionly.io, our MCP server at https://mcp.conditionly.io/mcp, and any related products, features, emails, and support we provide (together, the "Services").
Please read these Terms carefully. They include a binding arbitration agreement and a class-action waiver (Section 19) that affect how disputes are resolved.
Quick summary
This summary is for convenience only; the full Terms control.
- Conditionly is a tool for mortgage professionals to track loan conditions, assign tasks, and send condition-request emails to borrowers.
- You (or your company) own the borrower and loan data you put into Conditionly. We process it only to provide the Services to you.
- You are responsible for having the right to use that borrower data, and for meeting your own legal obligations as a mortgage business (including under the Gramm-Leach-Bliley Act).
- Subscriptions renew automatically until canceled. Payments are non-refundable except where the law requires otherwise.
- If you connect an AI tool (such as Claude, ChatGPT, or Cursor) through our MCP server, you choose that tool and are responsible for how it and its provider handle your data.
- The Services are provided "as is." Our liability is limited.
1. Accepting these Terms
By creating an account, starting a free trial, clicking to accept, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other organization (for example, a mortgage lender, broker, or branch), you confirm that you have authority to bind that organization to these Terms. In that case, "you" and "Customer" mean that organization, and the organization is responsible for the use of the Services by everyone it gives access to.
You must be at least 18 years old to use the Services.
2. What Conditionly does
Conditionly helps mortgage loan officers, processors, and their teams:
- organize a pipeline of borrowers and loan files;
- track borrower and internal loan conditions (including prior-to-docs and prior-to-funding conditions) and their status;
- send branded condition-request emails to borrowers on your behalf;
- assign internal tasks to team members;
- run qualifying-income calculations using the built-in income calculator; and
- connect your account to third-party AI agents through the Conditionly MCP server.
Conditionly is a workflow and communication tool. It is not a loan origination system, a document repository, an underwriting system, or a secure borrower document portal. Our condition-request emails are designed to direct borrowers to your company's own secure portal, and the Services are not designed to receive or store borrower documents.
We may add, change, or remove features over time. We will give you prior notice of scheduled changes that materially reduce the core functionality of a paid plan you are using.
3. Accounts and team members
Your account. You must give us accurate, current, and complete information when you register and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your account.
Team members. An account owner or administrator may invite team members (such as processors or loan officers) and control which pages or sections each team member can access. The account owner is responsible for choosing appropriate access levels, for removing access when someone leaves the team, and for all activity of its team members.
Security issues. Tell us promptly at support@conditionly.io if you believe your account or credentials have been compromised.
We may refuse, reclaim, or change a username or account name that we reasonably consider inappropriate or misleading.
4. Free trials, subscriptions, billing, and cancellation
Free trial. We may offer new customers a 7-day free trial. Unless you cancel before the trial ends, your account will be charged for the subscription plan you chose when the trial ends. Free trials are limited to one per customer unless we agree otherwise, and we may change or end trial offers at any time.
Plans and pricing. Current plans and prices are shown on our website and at checkout (for example, at the time of this draft, a quarterly plan billed every 3 months and an annual plan). Prices are in U.S. dollars and do not include taxes unless stated. You are responsible for any applicable taxes.
Automatic renewal. Your subscription automatically renews at the end of each billing period (quarterly or annually, depending on your plan) for the same period unless you cancel. You authorize us, through our payment processor, to charge your payment method on a recurring basis at the then-current rate without asking for your approval each time, until you cancel.
Payment processing. Payments are processed by Stripe. We do not store your full card number. You agree to keep your payment information current. If a payment fails, we may retry the charge, and we may suspend or downgrade your account until payment is made. We accept payment by credit or debit card through Stripe. We do not accept PayPal.
Price changes. We may change subscription prices. We will notify you before a price change takes effect, and the new price will apply starting with your next renewal. If you do not agree, you can cancel before the renewal.
Cancellation. You can cancel at any time by logging into your account and canceling your subscription. Cancellation takes effect at the end of your current paid billing period, and you will keep access until then.
Refunds. All purchases are non-refundable, including partial billing periods and unused time, except where a refund is required by law. If you have questions or are unhappy with the Services, please email support@conditionly.io.
5. Your data and borrower data
Customer Data. "Customer Data" means the information you and your team members put into the Services or that the Services process on your behalf, including information about borrowers and loans (such as names, email addresses, phone numbers, loan numbers, dates, loan conditions and their status, notes, email templates, and income calculator inputs and results).
You own your Customer Data. As between you and us, you own all Customer Data. You give us a limited, non-exclusive, worldwide license to host, store, copy, transmit, display, and otherwise process Customer Data only as needed to provide, secure, support, and improve the Services for you, to follow your instructions (including instructions given through AI agents you connect), and to comply with law.
Our role. For borrower information in Customer Data, we act as your service provider (sometimes called a "processor"). We process it on your behalf and according to your instructions. We do not sell borrower information, and we do not use it to market to borrowers.
Your responsibilities. You are responsible for Customer Data and for how you use the Services with it. In particular, you confirm that:
- you have all rights, notices, and consents needed to put borrower information into the Services and to have us process it and send emails to borrowers on your behalf;
- your use of the Services complies with all laws and regulations that apply to you, including the Gramm-Leach-Bliley Act (GLBA) and its Privacy and Safeguards Rules, the Fair Credit Reporting Act, state privacy and data-security laws, state mortgage licensing rules, and any requirements of your employer, lender, investors, or regulators;
- you will put into the Services only the information reasonably needed to track conditions and communicate with borrowers; and
- you will not upload or enter Social Security numbers, full bank or credit card account numbers, credit reports, government ID images, passwords, or other highly sensitive information unless we expressly enable a feature designed for it.
The Services are not designed to meet the requirements of industry-specific regulations such as HIPAA or FISMA, and you may not use them to process data subject to those laws.
Aggregated and usage data. We may collect and use data about how the Services are used (for example, feature usage and performance) and create de-identified or aggregated data that does not identify you, any individual, or any borrower. We may use that data to operate, secure, and improve the Services.
Exporting and deleting data. You can delete Customer Data from within the app. You can ask us to export or delete your Customer Data at any time by emailing support@conditionly.io. We keep Customer Data for as long as your account exists and, after your account is cancelled or closed, until you ask us to delete it, as described in our Privacy Policy. Cancelling your subscription does not by itself delete your Customer Data.
6. Condition-request emails to borrowers
The Services let you send condition-request and reminder emails to borrowers, branded with your or your loan officer's name and information. When you do:
- You are the sender. Emails are sent at your direction and on your behalf. You are responsible for the recipients, the content, the accuracy of the conditions requested, any links (including links to your company's secure portal), and compliance with laws that apply to your communications.
- Delivery. We send these emails through a third-party email delivery provider. We may show delivery status, but we do not guarantee that any email will be delivered, opened, or read, or that it will not be filtered as spam.
- Sent emails cannot be recalled. Review previews before you send.
- Appropriate use. You may use this feature only for transactional communications about a borrower's loan. You may not use it to send marketing, unsolicited bulk email, or anything prohibited by Section 7.
7. Acceptable use
You agree not to, and not to let anyone else:
- use the Services for anything illegal, fraudulent, deceptive, or harmful, including mortgage fraud or misrepresentation;
- put information into the Services that you do not have the right to share, or that violates someone's privacy or other rights;
- send spam, marketing, or unsolicited messages through the Services, or use the Services to advertise or sell goods or services;
- send emails that impersonate another person or company or that are misleading about who they are from;
- upload viruses, malware, or other harmful code;
- try to access accounts, data, or systems you are not authorized to access, or bypass access controls (including team page-level permissions) or rate limits;
- probe, scan, or test the vulnerability of the Services without our written permission;
- interfere with or overload the Services or their infrastructure;
- copy, reverse engineer, decompile, or try to extract the source code of the Services, except where the law allows it despite this restriction;
- scrape or harvest data from the Services, or access them through bots or scripts, other than through the MCP server or other interfaces we provide and only as intended;
- resell, sublicense, rent, or share access to the Services, or sell or transfer your account, without our written permission;
- use the Services to build a competing product; or
- use the Services in a way that violates GLBA or other laws that protect consumer financial information.
We may investigate suspected violations and may remove content or suspend access as described in Section 17.
8. AI agents and the Conditionly MCP server
What it is. The Conditionly MCP server (https://mcp.conditionly.io/mcp) lets you connect third-party AI applications that support the Model Context Protocol, such as Claude, ChatGPT, Cursor, and Claude Code ("AI Tools"), to your Conditionly account. Once connected, an AI Tool can read and change information in your account and take actions for you, such as listing clients, updating conditions, creating tasks, running income calculations, and sending condition-request emails.
How access works. Connections use OAuth 2.1 with PKCE. You sign in to Conditionly and approve access, and the AI Tool receives an access token rather than your password. The server requests read and write permissions (the mcp:read and mcp:write scopes). An AI Tool acts as the user who connected it and can reach only what that user's page access allows. You can disconnect an AI Tool at any time by removing the Conditionly connector from that AI Tool.
Confirmations. Certain actions, such as sending a condition-request email and deleting a client, require an explicit confirmation step, and overwriting a saved income calculation is refused until you agree to replace it. These safeguards help, but they depend on the AI Tool and on you. You are responsible for reviewing and approving what an AI Tool does.
Your responsibilities when you connect an AI Tool. By connecting an AI Tool, you understand and agree that:
- You choose the AI Tool. AI Tools are third-party services. We do not control them and are not responsible for them. Your use of an AI Tool is governed by your agreement with its provider.
- Data leaves Conditionly. When an AI Tool reads your account, Customer Data (which may include borrower information) is sent to that AI Tool and its provider. How they store, use, retain, or train on that data is governed by their terms and policies, not ours. You are responsible for deciding whether sharing borrower information with that provider is permitted by your company's policies, your agreements, and laws such as GLBA, and for configuring the AI Tool's data settings appropriately.
- Actions are your actions. Actions an AI Tool takes through your connection are treated as actions taken by you. We are not responsible for actions an AI Tool takes, or fails to take, including emails sent, data changed, or data deleted after you approved them or through a connection you authorized.
- AI output can be wrong. AI Tools can misunderstand instructions, produce inaccurate summaries, or act unexpectedly. Check results before relying on them, especially for borrower communications and income figures.
- Keep connections secure. Only connect AI Tools you trust, on devices you control, and disconnect tools you no longer use.
We may change, limit, or suspend MCP access (for example, to protect the Services or respond to abuse) and may set usage limits.
9. Income calculator
The income calculator is a convenience tool that applies general rules to the figures you enter. Its results are estimates. It is not underwriting, a credit decision, or financial, legal, or tax advice, and it does not replace the guidelines of any lender, investor, insurer, or agency (such as Fannie Mae, Freddie Mac, FHA, VA, or USDA). You are responsible for verifying all income calculations and qualifying decisions against the applicable guidelines and source documents.
10. Third-party services and integrations
The Services rely on and link to third-party services, such as Stripe for payments, analytics and email delivery providers, AI Tools you connect, and related products such as RateUpdate (https://www.rateupdate.io). Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, their content, availability, or how they handle your data, and your use of them is at your own risk.
RateUpdate integration. If you choose to connect Conditionly with RateUpdate, information may be shared between the two services as needed to make the integration work.
Our website may also link to other sites and communities (for example, our community on Skool, MLO Pass, and LightSend). Those are governed by their own terms.
11. Our intellectual property
We and our licensors own the Services, including the software, design, text, graphics, condition libraries and templates we provide, and our names and logos (including "Conditionly"). Subject to these Terms and payment of applicable fees, we give you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription. We reserve all rights not expressly granted.
Feedback. If you send us ideas, suggestions, or other feedback about the Services, we may use it for any purpose without obligation or compensation to you. Please do not include confidential information in feedback.
12. Electronic communications
By using the Services, you agree to receive communications from us electronically, such as by email or in the app, including service announcements, billing notices, and changes to these Terms. You agree that electronic agreements, notices, and records satisfy any legal requirement that they be in writing. You can opt out of marketing emails at any time using the unsubscribe link, but you will still receive account and service messages.
Text messages. Conditionly sends text messages to its customers and users. If you opt in to a Conditionly text-message program, you agree to receive text messages from Marketing Supply Co, LLC at the mobile number you provide, which may include account alerts, responses to your inquiries, marketing communications, and special offers. Reply STOP to opt out or HELP for help, or email support@conditionly.io. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Message frequency varies.
13. Availability and changes to the Services
We work to keep the Services available and reliable, but we do not promise that they will always be available, uninterrupted, timely, or error-free. We may perform maintenance, and the Services may be affected by things outside our control, including outages at our hosting, email, or other providers. We do not offer a service-level agreement unless we sign a separate written agreement that includes one.
14. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE; ANY EMAIL WILL BE DELIVERED; INCOME CALCULATIONS, CONDITION TEMPLATES, OR OTHER CONTENT ARE ACCURATE OR COMPLETE OR MEET ANY LENDER OR INVESTOR GUIDELINE; OR THAT AI TOOLS CONNECTED TO THE SERVICES WILL BEHAVE AS YOU EXPECT. THE SERVICES DO NOT PROVIDE LEGAL, COMPLIANCE, UNDERWRITING, OR FINANCIAL ADVICE. YOU ARE RESPONSIBLE FOR YOUR LOANS, YOUR BORROWER COMMUNICATIONS, AND YOUR REGULATORY COMPLIANCE.
Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
15. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW:
(a) NEITHER WE NOR OUR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR FOR DELAYED OR LOST LOAN CLOSINGS, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES WERE POSSIBLE; AND
(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE LESSER OF (1) THE AMOUNT YOU PAID US FOR THE SERVICES DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (2) ONE HUNDRED U.S. DOLLARS (US $100).
These limits apply to all theories of liability, including contract, tort (including negligence), and statute, and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
16. Indemnification
You will defend, indemnify, and hold harmless Marketing Supply Co, LLC and its members, managers, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Customer Data, including any claim that you lacked the right or consent to provide borrower information or to have emails sent to borrowers;
- emails and other communications sent through your account;
- your use of AI Tools or other third-party services you connect, and actions taken through those connections;
- your or your team members' violation of these Terms or of any law or regulation (including GLBA and state privacy, data-security, or mortgage laws); or
- your violation of any third party's rights.
We will notify you of any claim for which we seek indemnification, and you may not settle a claim in a way that imposes obligations on us without our written consent.
17. Suspension and termination
By you. You can stop using the Services and cancel your subscription at any time as described in Section 4.
By us. We may suspend or terminate your access to all or part of the Services, with or without notice, if: you violate these Terms (including the acceptable use rules); your payment is overdue; we reasonably believe your use creates a security, legal, or operational risk to us, other customers, or borrowers; or we are required to by law. We may also stop offering the Services entirely, and if we do, we will give you reasonable advance notice and an opportunity to export your Customer Data.
Effect of termination. When your account ends, your right to use the Services stops. We may delete your account and Customer Data after termination as described in our Privacy Policy. Sections that by their nature should survive (including Sections 5, 8, 9, 10, 11, 14, 15, 16, 18, 19, and 21) will survive.
18. Governing law
These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
19. Dispute resolution, arbitration, and class-action waiver
Talk to us first. Before starting a formal proceeding, you and we agree to try to resolve any dispute informally for at least thirty (30) days after one of us sends written notice to the other (to us at support@conditionly.io and our mailing address below).
Binding arbitration. If we cannot resolve the dispute informally, it will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. Arbitration fees will be allocated as provided by the applicable AAA rules; if the arbitrator finds your costs excessive, we will pay them. The arbitration may be held in person, by documents, by phone, or online. Unless the AAA rules or law require otherwise, any in-person arbitration will take place in Washington County, Utah. YOU UNDERSTAND THAT, WITHOUT THIS SECTION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Exceptions. Either of us may bring in court (a) claims to protect or enforce intellectual property rights; (b) claims involving theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. Either of us may also go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award.
Courts. Any dispute that proceeds in court will be brought only in the state or federal courts located in Washington County, Utah, and both of us consent to personal jurisdiction and venue there.
No class actions. To the fullest extent allowed by law, disputes will be resolved only on an individual basis. Neither of us may bring a dispute as a class action, collective action, or representative action, and no arbitration may be joined with another without both parties' consent.
Time limit. Any claim arising out of or related to the Services or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred.
If any part of this Section is found unenforceable for a particular dispute, that part will not apply to that dispute, which will be decided by the courts described above, and the rest of this Section will continue to apply.
20. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email to the address associated with your account and/or by a notice in the Services, and we will update the "Last updated" date above. Unless the notice says otherwise, changes take effect on the date stated in the notice (and in any case not earlier than when we post them). If you keep using the Services after changes take effect, you agree to the updated Terms. If you do not agree, you should stop using the Services and cancel your subscription.
21. General
- Entire agreement. These Terms, our Privacy Policy, and any order form or written addendum we sign with you are the entire agreement between you and us about the Services. If there is a conflict, a signed written addendum controls over these Terms.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible, and the rest of these Terms will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party providers, internet failures, natural disasters, or government action.
- Independent parties. You and we are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
- No third-party beneficiaries. These Terms do not give rights to anyone else, including borrowers.
- California users. If a complaint about the Services is not satisfactorily resolved, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
- Export and location. The Services are operated from the United States and intended for use in the United States. If you access them from elsewhere, you are responsible for complying with local laws.
22. Contact us
Questions about these Terms? Contact us:
Marketing Supply Co, LLC (dba Conditionly) Email: support@conditionly.io Mail: 320 E 600 S, St. George, UT 84790, United States Registered address: 3111 E 2220 S, St. George, UT 84790, United States
