RateUpdate 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 RateUpdate ("RateUpdate," "we," "us," or "our"). They cover your use of our website at https://www.rateupdate.io, our web application at https://app.rateupdate.io, and any related products, features, messages, and support we provide (together, the "Services").

Please read these Terms carefully. They include a binding arbitration agreement and a class-action waiver (Section 20) that affect how disputes are resolved.

Quick summary

This summary is for convenience only; the full Terms control.

• RateUpdate lets mortgage loan officers send branded rate digests to their past clients and referral partners by email, by SMS through HighLevel, or by iMessage through LightSend.
• You are the sender. You are responsible for your recipient lists, consent, licensing, disclosures, and compliance with mortgage advertising and messaging laws.
• Plans are monthly. No contract, no setup fees, and you can cancel anytime. Payments are non-refundable except where the law requires otherwise.
• You own your contact lists and content. We keep them until you ask us to delete them.
• The Services are provided "as is." Our liability is limited.

1. Accepting these Terms

By creating an account, clicking to accept, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services on behalf of a company (for example, a mortgage lender, broker, or branch), you confirm that you have authority to bind that company to these Terms. In that case, "you" means that company, and it is responsible for everyone it gives access to.

You must be at least 18 years old to use the Services.

2. What RateUpdate does

RateUpdate helps mortgage professionals stay in touch with their past clients and referral partners by sending branded rate digests and market updates on a schedule you choose. Depending on your plan and setup, digests can be sent:

• by email;
• by SMS text message through your own HighLevel account; or
• by iMessage through LightSend.

RateUpdate is a marketing communication tool. It is not a loan origination system, a pricing engine, or a source of rate quotes or rate locks, and it does not provide legal, compliance, or financial advice. Rate and market information in digests is general information, may be delayed or inaccurate, and is not an offer to lend.

We may add, change, or remove features over time.

3. Accounts

You must give us accurate, current, and complete information and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly at admin@rateupdate.io if you believe your account has been compromised.

4. Subscriptions, billing, and cancellation

Plans and pricing. Current plans and prices are shown on our pricing page and at checkout (at the time of writing, the Standard plan is $39 per month, and an Enterprise plan is available for teams). Prices are in U.S. dollars and do not include taxes unless stated.

No contract, no setup fees. Subscriptions are month to month. There is no long-term contract and no setup fee.

Automatic renewal. Your subscription renews automatically each month unless you cancel. You authorize us, through our payment processor, to charge your payment method each month at the then-current rate until you cancel.

Payment processing. We accept credit and debit cards through Stripe. We do not accept PayPal. We do not store your full card number. If a payment fails, we may retry the charge and may suspend your account until payment is made.

Price changes. We will notify you before a price change takes effect. The new price applies from your next billing period, and you can cancel before then if you do not agree.

Cancellation. You can cancel anytime by logging into your account. Cancellation takes effect at the end of your current paid month, and you keep access until then.

Refunds. All purchases are non-refundable, including partial months, except where a refund is required by law. If you have questions or are unhappy with the Services, email admin@rateupdate.io.

5. Your content and contact data

Customer Data. "Customer Data" means the information you put into the Services or that the Services process for you, including your contact lists of past clients and referral partners (such as names, email addresses, and phone numbers), your branding, licensing and NMLS details, and message content and settings.

You own your Customer Data. You give us a limited license to host, store, copy, transmit, and otherwise process Customer Data only as needed to provide, secure, support, and improve the Services, to follow your instructions, and to comply with law. For your contacts' information, we act as your service provider. We do not sell your contacts' information or use it to market our own products to them.

Retention, export, and deletion. We keep Customer Data for as long as your account exists and, after cancellation, until you ask us to delete it. Cancelling does not by itself delete your data. You can ask us to export or delete your Customer Data at any time by emailing admin@rateupdate.io.

Aggregated data. We may create de-identified or aggregated data about how the Services are used that does not identify you or any individual, and use it to operate and improve the Services.

6. You are the sender: consent and compliance

Digests and other messages are sent at your direction and on your behalf. You are solely responsible for them. In particular, you represent and agree that:

• Licensing. You hold and maintain all licenses, registrations, and approvals required to originate, broker, advertise, or market mortgage loans in each jurisdiction where your messages are received, and all license numbers, entity names, and disclosures you display are accurate and current, and identify the licensed entity responsible for the products advertised.
• Consent. You send messages only to people who have given any consent the law requires (including prior express written consent for marketing text messages where required), and you honor opt-outs promptly.
• Compliance. Your messages and use of the Services comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, carrier and messaging-platform rules, the Truth in Lending Act and Regulation Z, UDAAP standards, NMLS and state mortgage advertising and licensing laws, and guidance of the Consumer Financial Protection Bureau and state regulators.
• Disclosures. You will not remove, obscure, or alter required legal disclosures, licensing information, rate or APR disclaimers, or opt-out language included in messages, and you will keep them intact if messages are exported, forwarded, or copied.
• No misleading content. You will not represent that a consumer is "approved," "guaranteed," or "locked" without a binding commitment; display "as low as" rates or payments without required assumptions and disclosures; or send content that is false, misleading, deceptive, or unfair.
• State requirements. You are responsible for following the advertising rules of every state where you use the Services. Schedules A through E below summarize some state requirements; they are not a complete list. Where messages go to more than one state, you are responsible for meeting the most restrictive applicable rules.

Any compliance-related features, templates, or disclosures we provide are for convenience only, are not guaranteed to be compliant in your jurisdiction, and do not relieve you of your own obligations.

Delivery. We do not guarantee that any message will be delivered, opened, or read, or that it will not be filtered as spam. Sent messages cannot be recalled.

7. Third-party messaging channels (HighLevel and LightSend)

SMS digests are sent through your own HighLevel account, and iMessage digests are sent through LightSend. When you connect these channels, you authorize us to send messages through them on your behalf. Your use of each channel is also governed by that provider's terms, including its messaging and carrier rules, and any fees it charges. We are not responsible for third-party services, their availability, or how they handle your data. Email digests are sent through third-party email delivery providers.

8. Acceptable use

This section replaces our former separate Acceptable Use Policy. You agree not to: use the Services for anything illegal, fraudulent, or deceptive; send spam or messages to people who have not consented or have opted out; impersonate anyone; upload malware; try to access accounts or systems you are not authorized to access; interfere with or overload the Services; reverse engineer the Services except where the law allows; scrape the Services; resell, sublicense, white-label, or share access to the Services without our written permission; or use the Services to build a competing product.

9. Our intellectual property

We and our licensors own the Services, including the software, design, digest templates and content we provide, and our names and logos. Subject to these Terms and payment of fees, we give you a limited, non-exclusive, non-transferable, revocable right to use the Services for your business during your subscription. If you send us feedback, we may use it without obligation to you.

10. Electronic communications and text messages from us

You agree to receive communications from us electronically, including service announcements, billing notices, and changes to these Terms, and agree that electronic notices satisfy any legal requirement that they be in writing. You can opt out of marketing emails using the unsubscribe link.

Text messages from RateUpdate. RateUpdate sends text messages to its customers. If you opt in, you agree to receive text messages from Marketing Supply Co, LLC (RateUpdate) at the mobile number you provide, which may include account and billing alerts, lead alerts, responses to your inquiries, and marketing messages. Message frequency varies. Reply STOP to opt out or HELP for help, or email admin@rateupdate.io. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Consent to receive marketing texts is not a condition of purchase.

11. Availability

We work to keep the Services available, but we do not promise they will be uninterrupted or error-free. They may be affected by maintenance and by outages at our hosting, messaging, or other providers. We do not offer a service-level agreement unless we sign a separate written agreement that includes one.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT RATE OR MARKET INFORMATION IS ACCURATE, COMPLETE, OR CURRENT, THAT ANY MESSAGE WILL BE DELIVERED, OR THAT ANY CONTENT OR TEMPLATE MEETS THE LAWS OF YOUR JURISDICTION. YOU ARE RESPONSIBLE FOR YOUR MESSAGES AND YOUR REGULATORY COMPLIANCE.

13. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGULATORY FINES OR PENALTIES, OR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS (US $100). These limits do not apply to your indemnification obligations.

14. Indemnification

You will defend, indemnify, and hold harmless Marketing Supply Co, LLC and its members, managers, employees, contractors, and affiliates from any claims, demands, investigations, enforcement actions, fines, penalties, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data and messages, including any alleged violation of the TCPA, CAN-SPAM, TILA, Regulation Z, UDAAP, or state mortgage advertising or licensing laws; (b) your failure to obtain required consents, licenses, or approvals; (c) any rate, payment, or comparison you publish using the Services; (d) your use of HighLevel, LightSend, or other third-party services you connect; (e) any claim that your content infringes someone's rights; or (f) your violation of these Terms. This includes actions brought by the CFPB, state regulators, or other government authorities.

We will indemnify you solely for third-party claims that the unmodified Services infringe a U.S. intellectual property right. We have no obligation for claims arising from your content, configurations, or use of the Services in violation of these Terms.

15. Suspension and termination

You can cancel at any time as described in Section 4. We may suspend or terminate your access if you violate these Terms, your payment is overdue, or we reasonably believe your use creates legal, regulatory, security, or reputational risk. You agree to reasonably cooperate with us in responding to regulatory inquiries arising from your use of the Services. Sections that by their nature should survive termination (including Sections 5, 6, 9, and 12 through 22) will survive.

16. Governing law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules.

17. Changes to these Terms

We may update these Terms. If we make material changes, we will notify you by email or in the Services and update the "Last updated" date. If you keep using the Services after changes take effect, you agree to the updated Terms.

18. General

These Terms and our Privacy Policy are the entire agreement between you and us about the Services. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. We are not liable for delays caused by events beyond our reasonable control. These Terms do not create a partnership or agency relationship and give no rights to third parties, including your contacts.

19. California users

If a complaint 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.

20. 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 written notice.

Binding arbitration. If we cannot resolve it informally, the dispute 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. If the arbitrator finds your costs excessive, we will pay them. 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 and courts. Either of us may bring claims in court to protect intellectual property, for injunctive relief, or to compel, confirm, or vacate arbitration. Any dispute that proceeds in court will be brought only in the state or federal courts located in Washington County, Utah.

No class actions. Disputes will be resolved only on an individual basis, not as a class, collective, or representative action.

21. Contact us

Marketing Supply Co, LLC (dba RateUpdate)
Email: admin@rateupdate.io
Mail: 320 E 600 S, Saint George, UT 84790, United States

22. State advertising schedules

These schedules apply to your use of the Services in the states listed. They are summaries and not a complete statement of the law.

Schedule A: California

Applies to advertising, marketing, or consumer-facing content displayed or distributed in California, including under California Business & Professions Code §§ 10140 et seq., Department of Financial Protection and Innovation (DFPI) regulations, and TILA / Regulation Z. California-directed advertisements must include the licensed entity's legal name as it appears on DFPI or NMLS records, its NMLS Unique Identifier, and whether you act as a broker or lender. Do not use "pre-approved," "guaranteed," or similar language without a binding commitment; advertise teaser rates without clear disclosure of adjustment terms; display rates or payments not reasonably available to similarly situated consumers; or use testimonials implying typical results without substantiation. Keep copies of all California-directed advertisements, including versions generated through the Services, for at least four (4) years.

Schedule B: New York

Applies to advertising disseminated in New York under New York Banking Law §§ 590 et seq., NYDFS advertising guidance, and TILA / Regulation Z. Advertisements must clearly identify the licensed mortgage banker or broker, accurately display the NMLS ID, avoid trade names not registered with NYDFS, be truthful and not misleading, avoid language implying guaranteed approval or rate locks, and include all material terms when rates or payments are stated. You agree to cooperate with any NYDFS inquiry relating to your content.

Schedule C: New Jersey

Applies to advertising in New Jersey under the Residential Mortgage Lending Act and Department of Banking and Insurance regulations. Advertisements must include your legal name, NMLS Unique Identifier, and licensed capacity. Do not publish misleading rate comparisons, use "no cost" or "no fee" language without full explanation, or represent that credit approval is likely or automatic.

Schedule D: Florida

Applies to advertising in Florida under Florida Statutes Chapter 494 and Office of Financial Regulation guidance. Advertisements must include the licensed entity's name, NMLS ID, and a statement that terms are subject to credit approval. Do not advertise rates without APR disclosures when required, use misleading "payment only" advertising, or fail to disclose adjustable or balloon features.

Schedule E: Texas

Applies to advertising in Texas under Texas Finance Code Chapter 156 and Department of Savings and Mortgage Lending rules. Advertisements must identify the licensed mortgage company, include its NMLS ID, and not use trade names inconsistent with licensing records. Do not misrepresent loan terms or availability, suggest guaranteed approval, or omit material limitations or conditions.